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CBDT Releases Transfer Pricing ‘Advance Pricing Agreement Scheme’ (APA)

September 1, 2012 448 Views 0 comment Print

Vide Notification No. 36 of 2012, in exercise of the powers conferred by sub-section (9) of section 92CC read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes releases Advance Pricing Agreement Scheme. The advance pricing agreement scheme shall be governed by Rules 10F to Rule 10T.

ICAI President’s Message – September 2012

September 1, 2012 1230 Views 0 comment Print

Direct Entry to the CA Course: The Ministry of Corporate Affairs has given its final approval to the Amendments to Chartered Accountants Regulations, 1988 which have been notified on 1st August, 2012. Amongst other provisions, the amendments also stipulate Direct Entry Scheme to CA Course.

CMA President Communique September, 2012

September 1, 2012 730 Views 0 comment Print

In the current economic scenario the members of the Institute are required to emerge as true friends of the Consumers by correctly pricing the natural resources, product and services on one side and assisting the Regulators on the other. The responsibility cast upon the members of the institute is a challenging one and we are taking it as an opportunity to prove our worth to the society.

Deduction u/s.35(2AB) on expenditure in respect of patent filing in foreign countries & on foreign consultancy

September 1, 2012 5717 Views 0 comment Print

The consultancy charges had been paid by the assessee in providing technical services regarding the patents, obtaining patent information from innovator companies and obtaining innovator samples for research and development purposes. The payments have been accepted towards research and not towards registering the patents.

Superintendent of Service Tax Sentenced In Bribery Case

September 1, 2012 555 Views 0 comment Print

The Special Judge for CBI Cases, Bangalore, Shri M.S. Biradar, has convicted M.A.Raghuraman, the then Superintendent of Service Tax, Commissionerate of Service Tax, Bangalore to undergo 1 ½ years simple Imprisonment with fine of Rs.10,000/- in a bribery case.

GAAR Expanded to Include all Non-Resident Tax Payers Instead of Only FIIs

September 1, 2012 589 Views 0 comment Print

The Standing Committee on Finance has presented its report on Current Economic Situation and Policy Options to Parliament on August 30, 2012. The Committee has inter alia found that the investment climate in the country has suffered serious setback and investors confidence has been hit mainly because of the concerns over the impact of retrospective tax laws and new General Anti Avoidance Rules (GAAR).

Service tax collected to be deposited with Government before availing Cenvat credit

September 1, 2012 2028 Views 0 comment Print

Trade Notice No. 10/2012, It is brought to the notice of all the members of Trade and Industry that large scale evasion of service tax by service providers providing Security Agency Service and Manpower Supply Agency Service have come to light in this Commissionerate where the Service Providers have collected Service Tax from the Service Recipients but they have not deposited the service tax into the account of the Central Government as required under sub-section (1) of section 73A of Chapter V of the Finance Act, 1994

No requirement in Income-tax Act that only self cultivated land will be treated as agricultural land

August 31, 2012 2988 Views 0 comment Print

Observation of the Assessing Officer that since the land was not cultivated by the assessee himself and was carried on by the brother, therefore, it cannot be treated as agricultural land. We are not absolutely convinced by this argument/observation because there is no requirement in any Act more especially the Income Tax Act that only the self cultivated land will be treated as agricultural land.

Subsidy towards power generation plant is to be reduced from actual cost of plant for allowing depreciation u/s. 32

August 31, 2012 1594 Views 0 comment Print

According to Explanation 10 and proviso to sub-section (1) of section 43, the subsidy amount shall be deducted in the actual cost of the asset of the assessee. Thus, the contention of the assessee that the subsidy received towards the power generation plant would not be reduced from the actual cost of the assets was not correct.

Ministry of Finance Notifies Advance Price Agreement (APA) Scheme

August 31, 2012 663 Views 0 comment Print

The Ministry of Finance has notified an “Advance Pricing Agreement Scheme” (Rules 10F to 10T of Income Tax Rules, 1962) vide notification No. 36/2012 dated 30-8-2012. The Finance Act, 2012 had inserted sections 92CC and 92CD in the Income Tax Act 1961 introducing the provisions of Advance Pricing Agreement (APA). The APA Scheme shall come into effect from the date of its publication in the Official Gazette, i.e. from 30.08.2012.

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