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Luxury Tax Collection in Uttarakhand- A Reality

June 30, 2013 3937 Views 1 comment Print

Advocate Rajnish R. Singla In order to discuss luxury tax collection in Uttarakhand- a reality, it will be imperative to go through The Preamble of Uttarakhand taxation & land Revenue Laws Act, 1975, Interpretation of Statutes, The Constitution of India.

ICAI President's Message – July 2013

June 30, 2013 1814 Views 0 comment Print

Dear Friends, It’s 6.18 in the morning. After getting back from a small walk, I had my first tea that is usually minus sugar and milk. My newspapers have been delivered. As I start reading some of them, I realise: Few more days and June will be over. July is ready to dawn in. July […]

Transfer Pricing – CBDT withdraws circular on Profit Split Method (PSM)

June 29, 2013 3143 Views 0 comment Print

Circular No. 05/2013 It is noticed the Circular appeared to give the impression that there was a hierarchy among the six method listed in section 92C and that Profit Split Method (PSM) was the preferred method in the case involving unique intangible or in multiple interrelated international transactions.

CBDT amends Circular on conditions relevant to identify development centres engaged in contract R&D services with insignificant risk

June 29, 2013 1284 Views 0 comment Print

Circular No.06/2013 – (amending Circular No.03/2013 dated 26th March,2013) – It has been brought to the notice of CBDT that there is divergence of views amongst the field officers and taxpayers regarding the functional profile of development centres engaged in contract R&D services for the purposes of determining arm’s length price/transfer pricing.

Leasehold Rights Are Eligible For Depreciation

June 28, 2013 4594 Views 0 comment Print

In the grounds of appeal before the CIT(A) at ground No. 3 the assessee himself has submitted that the learned AO should have appreciated that during the previous year relevant to the AY 2008-09 the amount of Rs. 60 lakhs paid by the assessee company for deduction of Rs. 15 lakhs in question qualifies for inclusion under the head ‘intangible asset’ as provided u/s 32(1)(ii) and is entitled to a depreciation @ 25% on intangible assets. Hence, we direct the AO to allow depreciation on goodwill at 25% on the intangible assets and with respect to furniture and fittings depreciation to be allowed at 10% since they fall under block of assets as furniture and fittings. The assessee is directed to give bifurcation of good will and furniture and fittings.

Name availability guidelines,2011 – Registration of Electoral Trusts as Companies u/s. 25 of the Companies Act,1956

June 28, 2013 877 Views 0 comment Print

However, the company to be formed under section 25 of the Act, shall be the new company and such company will be required to comply with section 293-A of the Act. Further, Name application may be accompanied with an affidavit to the effect that the name to be obtained shall be only for the purpose of registration of companies under Electoral Trust Scheme as notified by the CBDT.

DVAT – Extension of date of filing Stock Statement in Form Stock -1 online

June 28, 2013 1965 Views 0 comment Print

In partial modification to Notification No.F.7(43 3)/Policy-II//VAT/20 12/472-483 dated 16.08.2012, I, Prashant Goyal, Commissioner, Value Added Tax, in exercise of the powers conferred on me under sub-section (1) read with sub-section (3) of section 70 of Delhi Value Added Tax Act, 2004, do hereby extend the date for filing of stock statement in Form Stock-1 online for the stock available on 31st March, 2013 to following dates:

Initiation of proceedings u/s 153C based on document seized from third party which neither mentions the name of the assessee or bears his signature is not justified

June 28, 2013 1231 Views 0 comment Print

This document was seized from the business premises of D. Nagarjuna Rao in course of action u/s 132 of the Act against him. In the impugned assessment order the AO has also observed that the said D. Nagarjuna Rao had admitted that entries in the seized documents were made by him in his own handwriting.

RBI releases Draft Guidelines on Wealth Management/Marketing/ Distribution Services offered by Banks

June 28, 2013 876 Views 0 comment Print

As per extant instructions, banks are allowed to market insurance and mutual fund products as agents of other entities on non-risk participation basis. It has been observed that in some cases, banks did not have clear segregation of duties of marketing personnel from other branch functions, and bank employees were directly receiving incentives from third parties such as insurance, mutual fund and other entities for selling their products. Such practices may lead to mis-selling and distortion of the staff incentive structure.

Tariff of Gold and Silver Further Reduced – Notification No. 69/2013-Customs., (N.T.), Dated: June 28, 2013

June 28, 2013 504 Views 0 comment Print

In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise & Customs, being satisfied that it is necessary and expedient so to do

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