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Company employee holding upto 0.50% shareholding in company covered under the category of persons not having any interest in the capital of the company

August 16, 2012 1760 Views 0 comment Print

It is hereby clarified that any employee of a company holding shares of the company up to 0.5% of paid up share capital thereof under any scheme formulated for allotment of shares to such employees including under Employees’ Stock Option Plan or by way of qualification shares are also covered under the category of persons not having any interest in the capital of the company in terms of the Ministry’s notification GSR 534(E) dated 14-7-2011. Notification [F. No. 14/11/2012-CL-VII], dated 16-8-2012

Banks permitted to allow premature withdrawal of deposit by surviving joint depositor on death of other

August 16, 2012 1499 Views 0 comment Print

It is reiterated that in case of term deposits with Either or Survivor or Former or Survivor mandate, banks are permitted to allow premature withdrawal of the deposit by the surviving joint depositor on the death of the other, only if, there is a joint mandate from the joint depositors to this effect.

Rate of exchange of conversion of each of foreign currency WEF 17th August, 2012

August 16, 2012 1718 Views 0 comment Print

NOTIFICATION NO. 75/2012-CUSTOMS (N.T.), rate of exchange of conversion of each of the foreign currency into Indian currency or vice versa shall, with effect from 17th August, 2012 be the rate mentioned against it in the corresponding entry in column (3) thereof, for the purpose of the said section, relating to imported and export goods.

Section 54EC – Time Limit gets extended if specified bonds of assessees choice were not available

August 15, 2012 8437 Views 0 comment Print

Section 54EC of the Act having given the respondent a choice of investing either in the bonds of Rural Electrification Corporation Limited or the National Highway Authority, the revenue cannot insist that the respondent ought to have invested its capital gain on sale of property in the bonds of the National Highway Authority.. The statue itself provides that the assessee, who is subject to long terms capital gain tax, can avail of exemption under Section 54EC of the Act if he invests in bonds of either the National Highway Authority of India or the Rural Electrification Corporation Limited.

Gift by company to subsidiary are dubious & not tax neutral – AAR

August 15, 2012 5905 Views 0 comment Print

In the context of section 47(i) and (iii), this gift referred to therein, is a gift by an individual or a Joint Hindu Family or a Human Agency. Section 47(iii) speaks of ‘any transfer of a capital asset under a gift, or will or an irrecoverable trust’. Execution of a will involves a human agency. Cannot the expression gift take its colour from a will with which it is juxtaposed, especially in the background of clause (i) of section 47 and clause (ii) which earlier existed.

How to view online EPF Account Passbook & FAQ

August 15, 2012 19694 Views 0 comment Print

1. Register online to view your EPF Account Passbook. 2. The facility at present is only for the members for whom the employer has uploaded the Electronic Challan Cum Return for the wage month of May 2012 onwards. 3. There is no need to create and remember any user id and password. You have to use your mobile number and any of your following identification proof number such as PAN, AADHAR, NPR (National Population Register), Bank Account, Voter ID, Passport or Driving License to register and thereafter to login.

Overview of Cost Audit Order issued under section 233B

August 15, 2012 7118 Views 0 comment Print

According to the Institute of Cost and Management Accountants of England, Cost Audit is defined as the verification of Cost Accounts and a check on the adherence to the Cost Accounting plan. The cost audit therefore comprises: (a) the verification of the cost accounting records such as the accuracy of the cost accounts, cost reports, cost statements, cost data, costing techniques and (b) examining these records to ensure that they adhere to the cost accounting principle, plans, procedures and objectives. Generally, Cost audit is an audit process for verifying the cost of manufacture or production an article on basis accounts as regard utilization of material or labour or other cost

It is mandatory for foreign company to file return of income to take benefit of DTAC – AAR

August 15, 2012 8300 Views 0 comment Print

Whether the applicant is required to file its return of income under section 139 of the Act, in case, its capital gains is not chargeable to tax in India is question no.6 posed. It has been found that though the applicant would be chargeable to capital gains tax on the proposed sale of shares under the Act, it has been ruled that in view of the benefit available to the applicant by the invocation of section 90(2) of the Act and the DTAC between the two countries, the authorities under the Act cannot tax the income in view of paragraph 4 of Article 13 of the DTAC.

Documentation for Foreign Direct Investment (FDI) Reporting

August 15, 2012 12071 Views 2 comments Print

What is FDI? – FDI refers to Foreign Direct Investment in `equity share or fully and mandatorily convertible preference shares or fully and mandatorily convertible debentures’ (FDI Instruments) of an Indian company by non resident entities.

Trust cannot take dual benefit in the form of application of income & depreciation

August 15, 2012 4798 Views 0 comment Print

If the assessee treats expenditure on acquisition of assets as application of income for charitable purposes under section 11(1)(a) and if the assessee claims depreciation on the value of such assets, then in order to reflect the true income to be available for application for charitable purposes, the assessee should write back in the accounts the depreciation amount to form part of the income to be accounted for application for charitable purposes.

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