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Perquisite Valuation rules not considered the inflation and old exempt amount limit been kept

December 30, 2009 1008 Views 0 comment Print

The fringe benefit tax (FBT) was strongly opposed by India Inc, but there is no doubt that it was beneficial to the employees — they did not have to directly bear the tax on many perquisites. The repeal of FBT meant uncertainty on taxation of perks. Thankfully, there are few changes to the valuation rules when compared to the rules that existed prior to the introduction of FBT.

ICAI will relax articleship norms for Government Auditors

December 30, 2009 8660 Views 3 comments Print

Accounting regulator, the Institute of Chartered Accountants of India (ICAI) has decided to allow officials of the Indian Audits and Accounts Service (IA&AS)—the stream of civil servants who audit state-run companies—acquire the chartered accountancy (CA) qualification in less than the usual time. Officers of IA&AS, a central government service under the government’s statutory auditor the Comptroller and Auditor General of India , will now be able to become qualified CAs by undergoing only two years of training rather than the mandatory three year training called articleship.

Supreme Court stayed ruling requiring deduction for TDS on payment for software purchase to non-residents

December 30, 2009 942 Views 0 comment Print

The Supreme Court has stayed the Karnataka High Court ruling that asked technology firms to deduct tax on all payments made to non-residents on software purchases.A Bench headed by Justice S H Kapdia stayed the Karnataka High Court judgement on a couple of petitions by GE India Technology Centre Pvt Ltd and Engineering Analysis Centre of Excellance Pvt Ltd (EACEPL) seeking to set aside the high court judgement that held them legally bound to withhold tax on all cross-border payments.

CBDT devised scheme for improving quality of assessments

December 30, 2009 1024 Views 0 comment Print

At the beginning of each calendar year i.e. in the month of January, the Range Head in consultation with the concerned Assessing Officer would identify at least 5 pending time-barring assessment cases in respect of each Assessing Officer of his Range for monitoring. These should normally include cases taken up for scrutiny with the permission of CCIT. The selection should be done jointly by the Range Head and the concerned Assessing Officer. Cases of PSUs and loss-making concerns should normally not be identified for this purpose. This exercise should also include those Ranges which are held as additional charge by a Range Head in January.

Bombay high court will give preference to petitioner who attained the age of 60 years and above

December 30, 2009 8317 Views 0 comment Print

A little-known circular issued by the Bombay high court promises to bring respite to senior citizens, who have been caught in the web of litigations. The HC has decided that preference should be given to cases where either of the parties involved in the court matter has attained the age of 60 years and above.

If the income is surrendered with the condition that no penalty be imposed, then the AO not justified in imposing the penalty

December 29, 2009 2597 Views 0 comment Print

In this case, we noted that the Assessing Officer has not brought out any specific charge for which the penalty has been imposed on the assessee under section 271(1)(c) of the Income Tax Act. He has not brought out whether the assessee has concealed the income or whether the assessee has furnished the inaccurate particulars of income.

Advance ruling on tax rate applicable to royalty income derived by a Japanese company in India

December 29, 2009 1739 Views 0 comment Print

The income by way of royalty accruing to the Japanese company is liable to be taxed in terms of Article 12 of the DTAA between India and Japan at a rate not exceeding 10 per cent from the assessment year 2008-09 onwards.

A shareholder has no "say" in management of a company unless and until he becomes part of management

December 29, 2009 1273 Views 0 comment Print

Brief facts relevant for the purpose of deciding this issue are that the defendant no.1 company was a tenant in property no. 3 Amrita Shergill Marg, New Delhi. This property was leased by defendant no.5 M/s H.G.Gupta & Sons (HUF) to defendant No. 1 Company for residence of its officers. The company by a resolution in the meeting of Board of Directors held on 27.2.1974 allotted this property to late Lala Hansraj Gupta in his capacity as CEO/Chairman of the company. Late Lala Hansraj Gupta was father of plaintiff no. 2 and defendants no. 2-4 and grandfather of plaintiff no. 1.

RBI circular on Advance Remittance for Import of Rough Diamonds

December 29, 2009 2329 Views 0 comment Print

banks have been permitted to make advance remittance without any limit and without bank guarantee or standby letter of Credit, by an importer (other than Public Sector Company or Department / Undertaking of the Government of India /State Governments) , for import of rough diamonds into India from eight mining companies, subject to certain conditions.

Draft Bank Branch Auditors' Panel 2009-10

December 29, 2009 762 Views 0 comment Print

Draft Bank Branch Auditors’ Panel 2009-10. MEF00001 to MEF10000, MEF10001 to MEF20000, MEF20001 to MEF30000, MEF30001 to MEF40000 http://www.meficai. org/mef_draft_ panel.jsp? list=list4

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