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IASB issues amendments to IFRS 1

March 25, 2012 1125 Views 0 comment Print

The International Accounting Standards Board (IASB) today issued amendments to IFRS 1 First-time Adoption of International Financial Reporting Standards.

Deposit of award amount into court is nothing but payment to credit of decree holder – SC

March 25, 2012 7813 Views 1 comment Print

Learned counsel for the parties are ad idem that the Arbitrator has not exercised any discretion in the matter pertaining to the interest for the post-award period. Obviously, in absence thereof, by virtue of Section 31(7)(b) of the Act, the award would carry interest @ 18% p.a. from the date of the award till 5the date of payment. Whether May 24, 2001 when the entire award amount was deposited by the appellants into the High Court is the date of payment ?

In fraud cases despite settlement court can prosecute offenders for criminal offence -SC

March 25, 2012 3833 Views 0 comment Print

The issue which has been raised in this writ petition is whether an offence which is not compoundable under the provisions of the Criminal Procedure Code, 1973, hereinafter referred to as the Cr.P.C., can be quashed in the facts and circumstances of the case.

Banker Defrauds Chartered Accountant

March 25, 2012 2260 Views 0 comment Print

AN INVESTMENT banker has found himself in the grip of the law for allegedly defrauding a chartered accountant to the tune of GH¢182,500 under the pretext of supporting him to purchase 25,000 metric tonnes of sugar.

I-T department will not act like a policeman, DTC to to be made operational by 2013 -FM

March 25, 2012 984 Views 0 comment Print

The government on Sunday said it has no vindictive intention in retrospectively amending tax laws and has no plans to re-open a large number of old cases, while assuring India Inc that the I-T department will not act like a policeman

Management, Maintenance Or Repair Service – Application of Service Tax on Tyre Retreading Activity

March 25, 2012 7136 Views 0 comment Print

Please refer to your letter dated 30.8.2011 on the above mentioned subject addressed to the Chairman, Central Board of Excise & Customs. In the said letter you have represented that Service Tax may not be charged on the activity of retreading of tyres under ‘Management Maintenance & Repair Service’, The argument given by you is that ‘retreading of tyre’ is specifically figuring in Central Excise Tariff under TI 4012 and therefore, they are excisable goods. Hence, in your view Service Tax cannot be imposed, as Excise Duty is payable as applicable.

IF applicant has taxable income in India he is required to file tax return and tax need to be withhold on payment to him -AAR

March 25, 2012 1186 Views 0 comment Print

XYZ Ltd. (AAR) – The payment received / receivable by the applicant in connection with IVTC Services are taxable as FTS under section 9(1)(vii) of the Act. The exception provided under section 9(1)(vii)(b) of the Act is not available to the applicant. The payments received / receivable in connection with the cost incurred and recovery of administrative cost for and on behalf of X India are chargeable to tax as FTS under section 9(1)(vii) of the Act.

Benefit of S.10A attaches to undertaking & not to assessee who owns undertaking

March 25, 2012 1263 Views 0 comment Print

The Tribunal in the present case has come to the conclusion that where a running business is transferred lock, stock and barrel by one assessee to another assessee the principle of reconstruction, splitting up and transfer of plant and machinery cannot be applied. According to the Tribunal the benefit of Section 10A attaches to the undertaking and not to the assessee which owns the undertaking.

Expenditure having no nexus with the earning of tax free income can not be disallowed u/s. 14A

March 25, 2012 1249 Views 0 comment Print

The Ld. Counsel relied on the order of Co-ordinate Bench in the case of Nivi Trading Ltd. Vs DCIT in ITA No. 5455/M/2010 dt. 12.10.2011 to submit that assessee does not have any other expenditure except to maintain day today activity and the expenditure has no nexus with the earning of tax free income, therefore, disallowance u/s. 14A is not warranted.

Genuineness of advances received towards booking by the various persons in the earlier years

March 25, 2012 1441 Views 0 comment Print

It is not in dispute by either of the parties that the provisions of section 41(1) are not applicable. The issue here now remains as to whether advances received towards booking by the various persons in the earlier years and as reflected in the balance sheet are genuine or not. From a perusal of the balance sheet for the earlier years which have been placed in the paper book and as pointed out by the learned Counsel, it goes to show that these liabilities are towards advance booking at the time when appellant tried to carry out the housing project.

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