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Provisions of TDS Chapter (Chapter XVII) are relevant only for ascertaining deductibility of tax at source and not for actual deduction and payment for attracting provisions of section 40(a)(ia)

January 16, 2011 30014 Views 0 comment Print

During the year, the assessee paid Rs.2,83,43,188 to various contractor. The AO noticed that the payment of TDS was not made within the statutory period in respect of payments of the contractors and therefore, it required to be disallowed u/s 40(a)(ia). The assessee claimed before the AO that the entire payment was made in the month of March 2005 and tax was deducted in the month of March 2005 only Therefore, the tax deposited on 21.09.2005 is within the statut

Bad debt – Amount receivable by a share broker from his clients against purchase of shares when not recovered can be allowed as bad debt

January 16, 2011 1764 Views 0 comment Print

The amount receivable by the assessee, who is a share broker, from his clients against the transactions of purchase of shares on their behalf constitutes debt which is trading debt; the brokerage/commission income arising from such transactions very much forms part of the said debt and when the amount of such brokerage/commission has been taken into account in computation of income of the assessee of the relevant previous year or any earlier year, it satisfies the condition stipulated in section 36(2)(i) and the assessee is entitled to deduction under section 36(1)(vii) by way of bad debts after having written off the said debts from his books of account as irrecoverable.

Penalty on alleged gifts received by minor sons of assessee which are finally transferred to assessee

January 16, 2011 1384 Views 0 comment Print

Where assessee chose to sit quietly and did not furnish any satisfactory explanation about cash deposited in minors account which is finally transferred to assessee’s account, then it could not be said that assessee has discharged primary onus lying on him under Explanation 1(A) of section 271(1)(c)

As long as an AO has taken a possible view of a matter after applying his mind to facts of case and legal provision, view so taken cannot be subjected to revision proceedings under section 263 merely because the Commissioner has a different view of that matter

January 16, 2011 489 Views 0 comment Print

The true test, therefore, must lie in whether or not the view taken by the Assessing Officer could be said to be a possible view of the matter, upon due application of mind to facts of the case as also the applicable legal provisions.

Empanelment of CA firms with MMTC for Internal Audit assignment for FY 2011-12

January 16, 2011 955 Views 0 comment Print

The reputed CA firm should have been in existence for 10 years or more for MMTC offices located in ‘A’ class cities and 5 years or more for MMTC offices located in other cities. At least one partner should have an association of 5 years or more with

ICAI will probe only conducts of its member in R-Infra and RNRL Case

January 16, 2011 477 Views 0 comment Print

The Securities and Exchange Board of India (SEBI) has passed a consent order regarding the Reliance Infrastructure and RNRL investigation that showed misrepresentation of investments. In an exclusive interview with CNBC-TV18, Amarjit Chopra, Presiden

CBI arrests SBI Dy Manager for taking bribe

January 16, 2011 468 Views 0 comment Print

CBI officers on Saturday arrested Deputy Manager of State Bank of India Ajay Kumar Sinha when he was accepting a bribe of Rs 30,000. Sinha, posted in the Small and Medium Enterprises, Cash Credit Centre in the bank’s Patna Main Branch, was arrested

How to ascertain 'oppression' under section 397 of Companies Act, 1956?

January 15, 2011 2205 Views 0 comment Print

The study of various judgments of High Court and Supreme Court under section 397/398 of Companies Act, 1956 speak volumes about the complications in dealing with the cases of ‘oppression and mismanagement’ under section 397/398 of Companies Act, 1956. There were many judgments under section 397/398 explaining the powers of Company Law Board, meaning of ‘oppression’, powers under section 402, the powers of Company Law Board in passing orders under section 402 in order to regulate affairs of the company in future, the responsibility of the board to hear all the necessary parties to the proceeding, the issue of public interest, the issue of dead-lock, the issue of applying the principles of partnership in closely held private companies, the scope of section 399, the issue of granting ‘consent’ by members, the issues of maintainability and the procedure to be followed by the Company Law Board etc.

Refund rejected on the ground that original TR-6 challan not enclosed with claim, can be allowed on submission on the same

January 15, 2011 1758 Views 0 comment Print

The only ground on which the refund claim has been rejected is that the original copy of TR-6 challan was not produced. Since according to the appellant, the original copy is now available with them, the appellant are directed to produce the same before the original Adjudicating Authority. The impugned order is, therefore, set aside and the matter is remanded to the original Adjudicating Authority for reconsidering the refund application on merits after taking into account the original copy of the TR-6 challan produced by the appellant. The same can be accepted, if on verification, the department is satisfied about its authenticity.

ICWAI – President’s Message – January 2011

January 15, 2011 886 Views 0 comment Print

India is becoming a hot destination for the investment among the top countries in the world. This is evidenced by the recent visits of Heads of States of all the important economic powers in the international arena. Starting with UK, followed by USA,

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