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Surplus arising to a partner from transaction of contribution of land held by it to a firm as capital contribution shall be taxable u/s 45

January 24, 2010 2993 Views 0 comment Print

and contributed by the assessee to a firm towards capital contribution should be treated as stock in trade even during the course of making the transaction of transferring or contributing the land to the partnership firm as capital contribution, the surplus arising to the assessee from the said transaction of contributing stock in trade

Payment made by a member to its stock exchange for VSAT/ Lease line/BOLT/ Dem at charges is not fee for technical services u/s194J

January 24, 2010 4795 Views 0 comment Print

For the purposes of this clause, fees for technical services means any consideration (including any lump sum consideration) for the rendering of any managerial, technical or consultancy services (including the provision of services of technical or other personnel) but does not include consideration for any construction, assembly

Settlement Commission is given power U/s. 245H to reduce penalty but same need to be exercised judiciously and not arbitrarily

January 24, 2010 1098 Views 0 comment Print

it will be in the interest of justice to set aside the final order passed by the Settlement Commission and to remand the matter back to the Settlement Commission for hearing parties afresh and to pass orders as per law. Facts and circumstances noted in respect of writ petition no.2191 of 1999 are also relevant for the remaining writ petitions

Writ petitions are not maintainable where issue involved is essentially a question of fact under provisions of IT Act, 1961 and Rules framed thereunder

January 24, 2010 1501 Views 0 comment Print

Therefore, since the writ petitions are now dismissed and liberty has been granted to approach the Department, the petitioners granted four weeks time to approach the concerned authority under the provisions of the Act seeking for appropriate remedy. Till such time, the respondents shall not initiate

Income tax refunds may get delayed by a fortnight

January 23, 2010 1032 Views 0 comment Print

Income tax refunds may get delayed for a fortnight, following a complete revamp of security buffers in the computer software system of tax departments across the country, after the discovery last week that someone had hacked into an account and made off with Rs 11 crore.

Second hand machinery purchased for use as spare parts for existing old machineries has to be considered as an allowable expenditure on revenue side

January 23, 2010 13044 Views 0 comment Print

When an assessee purchases the spare parts for the existing machineries, same cannot be treated as capital expenditure and it has to be treated as revenue expenditure since these spare parts are purchased for the maintenance of the existing equipments.

Date for MVAT audit in form 704 in Maharashtra extended?

January 23, 2010 3290 Views 0 comment Print

On 22/01/10 the Hon. Finance Minister Mr. Sunil Tatkare has announced at the time of bhoomipujan ceremony of proposed building of sales tax office of Ratnagiri that MVAT Audit date is extended by 2 months. This announcement was made in the presence of Hon. Sales Tax Commissioner Mr. Sanjay Bhatia, but there is no official communication yet from the Sales tax department which is creating confusion.

Do promoters know something that you don't?

January 23, 2010 870 Views 0 comment Print

The higher the promoter stake in a company the more faith he has in the business. That is how the general belief goes. The same obviously holds true for the reverse as well. And this (lower promoter stake) is definitely something investors would not like.

CBI alleged involvement of I-T officials and the NSDL staff in fraudulent I-T refund scam

January 23, 2010 1140 Views 0 comment Print

The CBI, investigating the fraudulent I-T refund scam, held a series of meetings with IT officials on Friday. CBI officials said the fraud, in which over Rs 3 crore was transferred into several bank accounts and withdrawn by four key perpetrators, could not have been possible without the involvement of I-T officials and the National Securities Depository Limited (NSDL).

Ca student ended her life, she feared that she hadn't done well in her examination

January 23, 2010 3570 Views 0 comment Print

The 18-year-old Matunga resident, who ended her life last week, took the drastic step as she feared that she hadn’t done well in her chartered accountancy examination. Parents of Shivani Seth, who jumped to death from the fifth floor of her building on January 14, told the cops that she was depressed ever since she sat for the CA exams on December 26 and 27.

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