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Taxes on buyback of Shares effected on or after 01.06.2016 needs clarification: ICAI

January 20, 2018 2349 Views 0 comment Print

As per the amendment to Explanation (ii) to section 115QA(1), (effective from 1.6.16), consideration received by company on issue of shares to be bought back is to be determined as per the Rules to be prescribed.

New regime (section 115TCA) may be made applicable for distributions on or after 1st June 2016

January 20, 2018 2667 Views 0 comment Print

The Finance Act, 2016 inserted section 115TCA to provide for transition of securitisation trusts from distribution tax regime to complete pass through regime (with TDS on distributions). However, the cut-off date between old and new regime is not clear.

Section 115BBF – Concessional rate of tax @ 10% on income from patent – Issues to be addressed

January 20, 2018 23697 Views 2 comments Print

The Finance Act, 2016 has inserted section 115BBF to tax royalty income derived from worldwide exploitation of patents developed and registered in India @ 10%. It is a welcome move and would greatly boost the research and innovation environment in the country.

ICAI Suggestions on Applicability of SA – 700 on form of audit reports

January 20, 2018 2103 Views 0 comment Print

The ICAI had pursuant to the issuance of the Revised SA 700, Forming an Opinion and Reporting on Financial Statements, prescribed a revised format of the auditors report on financial statements. As per SA 700 an auditor shall modify the opinion in the audit report

Incorporate Foreign contribution in Form No. 26AS and in SFT: ICAI

January 20, 2018 726 Views 0 comment Print

As per the Foreign Contribution (Regulation) Act, 2010 read with Foreign Contribution (Regulation) Rules 2011 as amended, any contribution received above the specified amount (INR 1 crore) needs to be reported by the recipient bank on behalf of assessee registered

Provide automated process of PAN Migration: ICAI

January 20, 2018 9876 Views 1 comment Print

It is suggested that the automated process of PAN Migration applicable to individual assessees may also be provided to other assessees as well so that they do not have to face hardships due to delay in PAN migration.

Section 144C(2): Increase period for filing details to 60 days: ICAI

January 20, 2018 879 Views 0 comment Print

The Assessee has to file voluminous objections in form 35A, within 30 days of receipt of the order. There is no rule to file a paper book or raise additional arguments or grounds. 30 days is very short time to compile and file before the DRP. There are many mistakes and further many arguments are also missed out. 

Allow Interest paid by assessees to Government or exempt interest on refund: ICAI

January 20, 2018 567 Views 0 comment Print

Presently, interest paid by the Government to an assessee is chargeable to tax. However, interest paid by the assessee to the Government under various sections is not allowed as deduction while computing the total income.

Exclude capital profit/loss & Profit & Loss on Sale of Fixed Assets & Investments in computation of Book Profit u/s 115JB: ICAI

January 20, 2018 31194 Views 0 comment Print

Under the general arrangement of the provisions in the Act under each head of income, normally the charging provision is accompanied by a set of provisions for computing the income subject to that charge.

Reconcile Interest payments by banks with TDS returns of Bank: ICAI

January 20, 2018 1320 Views 0 comment Print

Interest payments by banking sector may be reconciled with the TDS returns of Banks submitted with respect to section 194A of the Income-tax Act, 1961. For example, as per the balance sheet of SBI on 31.03.2017, it held Rs. 11,13,000 crores of Term deposits from others. It had paid more than Rs.1,05,000 crores of rupees as Interest.

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