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Trust/trustee as a partner in LLP – Clarification

October 14, 2014 10613 Views 0 comment Print

Clarifications have been sought on whether a trust or a trustee representing a trust in the case of “Real Estate Investment Trust” (REIT) or “Infrastructure Investment Trust” (InvITs) or such other trusts set up under the regulations prescribed under the Securities & Exchange Board of India Act, 1992, can become a partner in an LLP.

Service tax on services in relation to inward remittances from abroad

October 14, 2014 28303 Views 17 comments Print

Vide circular No. 163/14/2012–ST, dated 10th July, 2012, on the issue of levy of service tax on the activities involved in the inward remittance it was clarified that there is no service tax per se on the foreign exchange remitted to India from outside for the reason that money does not constitute a service and that conversion charges or fee levied for sending such money would also not be liable to service tax

Clarification on matters relating to Consolidated Financial Statement

October 14, 2014 6604 Views 0 comment Print

Government has received representations from stakeholders seeking clarifications on the manner of presentation of notes in Consolidated Financial Statement (CFS) to be prepared under Schedule III to the Companies Act, 2013(Act). These representations have been examined in consultation with the Institute of Chartered Accountants of India.

Right of persons other than retiring directors to stand for directorship & Refund of deposit

October 14, 2014 1970 Views 0 comment Print

Clarity has been sought by companies registered under section 8 of the Companies Act, 2013 (corresponding to section 25 of Companies Act, 1956) about the manner in which the amount of deposit of rupees one lakh received by them under sub-section (1) of section 160 of the Companies Act, 2013 (Act) is to be handled if the depositor fails to secure more than twenty five per cent of the total valid votes. It has been noted that the relevant provision is silent on such issue.

Auditor report on internal financial controls system deferred to FY commencing from 01.04.2015

October 14, 2014 6813 Views 0 comment Print

In the Companies (Audit and Auditors) Rules, 2014, after rule 10, the following shall be inserted, namely:- 10A. For the purposes of clause (i) of sub-section (3) of section 143, for the financial years commencing on or after 1st April, 2015, the report of the auditor shall state about existence of adequate internal financial controls system and its operating effectiveness:

SEBI : Single registration for Stock Brokers & Clearing Members

October 13, 2014 1060 Views 0 comment Print

Please find enclosed the Notification No. LAD-NRO/GN/2014-15/15/1671 dated October 08, 2014 amending the SEBI (Stock Brokers and Sub-Brokers) Regulations, 1992 (hereinafter referred to as Broker Regulations).

No Penalty on claim of Provision for Doubtful Debts

October 13, 2014 8050 Views 0 comment Print

In this case the Assessee was a Public Sector undertaking and had omitted to add back Provision for Bad and Doubtful Debts. During the Assessment the mistake was noticed and the claim was conceded and disallowance of provision was made.

Concept of Contemporaneous Documentation in Transfer Pricing

October 12, 2014 14501 Views 0 comment Print

Contemporaneous documentation means information, records and other documents which exist or brought into existence at the time the taxpayer is developing or implementing any arrangement that might raise transfer pricing issues. It is important that documentation on which assessee is placing reliance to establish arm’s length price should be the one which was available when […]

Reporting in new Form 3CD vis a vis ICAI Guidance Note – a Ready Reckoner

October 12, 2014 7990 Views 0 comment Print

CA Rajesh Condoor I am herewith attaching a document on Reporting in New Form 3CD clause wise vis a vis ICAI revised Guidance Note in a tablular form with respect to each clause of the Form 3CD.  Will be useful as a Ready Reckoner for tax auditor and his team.  Download The Ready Reckoner on […]

TP adjustment cannot be made on issue of shares at a price lower than ALP or FMV

October 12, 2014 3641 Views 0 comment Print

In the instant case, the assesse has issued shares to its holding company at premium (INR 8591) amounting to INR 246.38 crores. The said transaction was reported in Form 3CEB, although assesse claimed TP Provisions are not applicable on income arising on such transactions.

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