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Banks eligible to claim both deduction for bad debts and provision for bad and doubtful debts

February 20, 2012 6674 Views 0 comment Print

Catholic Syrian Bank Ltd vs. CIT (Supreme Court) -Under Section 36(1) (vii) of the ITA 1961, the tax payer carrying on business is entitled to a deduction, in the computation of taxable profits, of the amount of any debt which is established to have become a bad debt during the previous year, subject to certain conditions. However, a mere provision for bad and doubtful debt(s) is not allowed as a deduction in the computation of taxable profits.

Status of Admission to Company Secretaries (CS) Executive Programme

February 20, 2012 2720 Views 0 comment Print

The Institute of Company Secretaries of India in a press release has notified that Admission to Company Secretaries (CS) Executive Programme is on. Graduates seeking admission till 29th February, 2012 will be eligible for Examination in December, 2012. B.A / B.Sc / B.Com Graduates of any discipline (excluding Fine Arts) can pursue the CS EXECUTIVE PROGRAMME conducted by the Institute of Company Secretaries of India (ICSI). CS Helpline is available on Telephone No. 011 – 41504444, 45341076 & 45341077 (Delhi).

Applicability of Provisions of Section 194C to the payments to Calcutta Dock Labour Board (CDLB)

February 20, 2012 1411 Views 0 comment Print

Assessee has made payments to the CDLB for supply of these workers. As long as the assessee has made payments to the CDLB for supply of labour, even when this labour may be treated as employed by the assessee for all practical purposes, the provisions of Section 194 C are clearly attracted. In such a situation, i.e. when labour hired by the assessee through CDLB is considered to be in assessee’s employment, the payments made to CDLB cannot be treated as payments for ‘any work’ , but nevertheless these payments could still be covered by the provisions of Section 194 C because these are payments made for ‘supply of labour’ which are specifically covered by Section 194 C(1).

ICWAI to hold first convocation and annual award function at Kolkata

February 20, 2012 3465 Views 4 comments Print

The first convocation and annual award function of The Institute of cost Accountants of India will be held on First March 2012 at 11.30 A .M. at Science City Auditorium , Kolkata.

Date of filing of the return is relevant date to consider the applicability of the proviso to section 245R(2) of the Act

February 20, 2012 2660 Views 0 comment Print

In Re- Red Hat India Private Limited- Date of filing of the return is the relevant date to consider the applicability of the proviso to section 245R(2) of the Act, and that the filing of the return of income generates questions including the ones raised before this Authority, the jurisdiction to give a ruling in the present application has to be held to be barred. We are, therefore, constrained to reject the application as being barred by clause (i) of the proviso to section 245R(2) of the Act.

ICAI Requests Members to Share Hardship Being Faced with Regard to TDS Returns

February 20, 2012 2684 Views 7 comments Print

it has been brought to the notice of Direct Taxes Committee that demand notices are being served on the Deductors on account of various possible reasons. The said matter was placed by ICAI before the Central Direct Taxes Advisory Committee in its meeting which was chaired by Hon’ble Finance Minister Shri Pranab Mukherjee.

Empanelment with New India Assurance Company Limited for concurrent audit

February 20, 2012 7364 Views 0 comment Print

The company is engaged in General Insurance Business with its operations spreading all over India and abroad. The company is on look-out to appoint a firm of Chartered Accountants as concurrent auditor to carry-out the concurrent audit of investment department of the company. The investment portfolio of the company is Rs. 20,000 crore (approx.)

Interest payable U/s. 220(2) to be computed from the date of fresh assessment order if original been set aside

February 19, 2012 33162 Views 1 comment Print

in case the assessment is set aside by the CIT(A) and setting aside become final, interest u/s. 220(2) has to be charged only after the expiry of 35 days from the date of service of demand notice pursuant to the fresh assessment order. In the case of the assessee, since the original order of assessment was confirmed by the CIT (A) but on further appeal, the Tribunal set aside the order of the CIT(A) and the issue restored to the AO, it was held that in terms of the circular, the interest u/s. 220(2) has to be charged only from the date of fresh assessment order.

Payment under inter-linked contracts for manufacturing attracts TDS u/s 194C – Karnataka High court

February 19, 2012 2628 Views 0 comment Print

The assessee, Nova Nordisk Pharma India Ltd, an Indian Company was engaged in marketing of pharmaceutical products. It was a subsidiary company of NOVA Nordisk, Singapore. One of the products (insulin in medically presentable form), was manufactured by M/s. Torrent Pharmaceuticals Limited (Torrent) and supplied to the assessee company. The raw material was supplied by a foreign company NOVA Nordisk, Denmark. Torrent pursuant to the contract, was required to sell entire output only to the assessee company in India.

Section 50C – Fair market value determined by DVO cannot be replaced for full value of consideration

February 19, 2012 4049 Views 0 comment Print

The language in section 55A does not refer the ‘value of consideration’ but only uses the term ‘Fair Market value’. So the scope of the section gets con-fined to determine the fair market value of a capital asset only. Thus, considering the language of section 48 the value so deter¬mined cannot be substituted for ‘Full value of consideration’. – Section 50C states that the AO can refer to DVO u/s. 55A only if the assessee claims that the value adopted by the stamp valuation authority exceeds their fair market value or the value so adopted by stamp valuation authority has not been disputed by any authority, Court or High Court.

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