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ICAI issues clarification on filling of Roll Number in IPCE and CA Final Examination Form

August 8, 2011 2097 Views 0 comment Print

Integrated Professional Competence Examination (IPCE)/Final examination- November 2011 Application Form – IPCE/Final examination application forms for November 2011 examination provide for filling in passing details of PEE II/ PCE/IPCE examinations. Such details include the date/month/year and roll number of the earlier examinations passed.

CA Final November 2011 Examination Application Form – Clarification on error

August 8, 2011 2053 Views 0 comment Print

Final examination- November 2011 Application Form – It is seen that Point 1.2(iv) of the eligibility criteria on Page no 1 of the Final examination form for November 2011 contains an error which has crept in inadvertently, through oversight

RBI Statement on Recent Global Developments

August 8, 2011 634 Views 0 comment Print

Developments relating to the US economy last week have significantly increased uncertainty about its prevailing condition. A sharp fall in US equity markets on Thursday was followed by a downgrade in the long-term US sovereign rating by rating agency Standard & Poor’s from AAA to AA+ with negative outlook on Friday.

Taxability in respect of International Private Leased Circuit (IPCL) charges and amendment in the definition of Telegraph Authority u/s 65 (111) of the Finance Act, 1994

August 8, 2011 1155 Views 0 comment Print

Representations have been received seeking clarification regarding taxability of IPCL charges incurred in foreign currency by BPO/MNCs against receipt of services from the service provider situated outside India/group companies under reverse charge mechanism [Section 66A of the Finance Act, 1994 read with Rule 2 (1) (d) (iv) of the Service Tax Rules 1994].

ROC may ask company to make good the default in filing from No. 8

August 8, 2011 2441 Views 0 comment Print

In the instant case, the respondent-company failed to file Form No. 8 with the concerned RoC. Therefore, the RoC, is directed to exercise his powers under section 234(1) by calling information with regard to filing of Form No. 8 and direct the respondent-company to make good the default in non-filing of e-form No. 8 under section 125. In case the respondent-company fails to comply with the order, the RoC may take appropriate action against the respondent-company in accordance with law.

Opening of ‘Small Bank Account’ – NREGA job card and letters issued by the UIDAI can be treated ac KYC documents

August 8, 2011 3087 Views 0 comment Print

The Notification has also expanded the definition of ‘officially valid document’ as contained in clause (d) of Rule 2(1) of the PML Rules to include job card issued by NREGA duly signed by an officer of the State Government or the letters issued by the Unique Identification Authority of India containing details of name, address and Aadhaar number. RPCD.CO RRB.AML.BC.No.15 /03.05.33(E)/2011-12

Trade Restrictions by WTO

August 8, 2011 774 Views 0 comment Print

The draft proposals being negotiated in the World Trade Organisation (WTO) for agricultural trade liberalisation include several special provisions for developing countries. These include, inter alia, lower tariff cuts than those to be undertaken by developed countries, self-designation of Special Products that would take lower or no tariff cuts and a Special Safeguard Mechanism that would allow imposition of an additional duty in the event of a surge in import volumes or a fall in prices.

Erection commissioning or installation Service – No Service Tax on laying of Plumbing, drain laying or other installations for transport of fluids etc before 16.5.2005

August 8, 2011 14064 Views 1 comment Print

Section 65(39a) was amended by substituting vide Section 88 of the Finance Act, 2005, which is reproduced below. (39a)’erection, commissioning or installation’ means any service provided by a commissioning and installation agency, in relation to:- (i) erection, commissioning or installation of plant, machinery or equipment; or (ii) installation of– (a) electrical and electronic devices, including wirings or fittings therefore; or (b) plumbing, drain laying or other installations for transport of fluids; or

When assessee mistakenly offers to tax interest income and also pays tax on such income, assessee should make rectification and /or waiver petition

August 7, 2011 2148 Views 0 comment Print

Housing and Urban Dev Corp Ltd. Vs JCIT (Supreme Court of India)- On submission of counsel that assessee intend to make application before CBDT, the SC permitted assessee to make a representation to the CBDT, within fifteen days under s 119(2) either for the waiver of interest or to condone the delay in filing the rectification application under s 154 on account of a mistake, the interest income was offered to tax and the tax was also paid on it.

When the assessee does not get exclusive right over the technical knowhow and the trade mark, the royalty paid is revenue expenditure

August 7, 2011 933 Views 0 comment Print

CIT vs G4S Securities System (India) Private Limited (Delhi High Court)- Payment of royalty by the assessee on a year-to-year basis on the net sales in lieu of technical know-how assistance and the trademark would not amount to capital expenditure and will amount to revenue expenditure. The ownership rights of the trademark and know-how throughout were vested with G4F and on the expiration or termination of the agreement, the assessee was to return all G4F know-how obtained by it under the agreement. The payment of royalty was also to be on a year-to-year basis on the net sales of the assessee and at no point of time was the assessee entitled to become the exclusive owner of the technical know-how and the trademark. Hence, the expenditure incurred by the assessee as royalty is revenue expenditure and is, therefore, relatable under s 37(1) of the Act.

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