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What are books of account?

August 15, 2007 40674 Views 0 comment Print

In a recent case, the Madras High Court concluded that P&L account and balance-sheet are not books of account as contemplated under the I-T Act. Computation of business income under the income-tax law has to be made on the basis of `books of account’. This law has been in operation since 1992, but surprisingly there was no definition of the term till 2001. Finance Act, 2001 introduced the definition through Section 2(12A). The definition, which took effect from June 1, 2001, reads thus:

Unexplained money – SC Judgement U/s. 69A of Income Tax Act

August 12, 2007 16157 Views 0 comment Print

Commissioner of Income-tax v. K. Chinnathamban – Section 69A of the Income-tax Act, 1961 – Unexplained money – Firm ‘V’, allegedly floated for carrying on business of prize tickets and for collecting deposits from public, was managed by one ‘K’ – During search certain amount was seized – Assessing Officer on basis of statements given by ‘K’ concluded that firm was not genuine and observing that ‘K’ was not in position to explain source of deposit of seized amount, treated said amount as undisclosed income of persons (assessees) in whose name deposit appeared in various banks –

Payment of additional fees to RoC — No guarantee against prosecution

August 11, 2007 1562 Views 0 comment Print

The Companies Act, 1956 requires every company registered under the Act to file various returns and forms with the Registrar of Companies (RoC), from time to time.Irrespective of the size and type of a company — private or public, listed or unlisted, profit- or loss-making — it has to file a minimum of two returns every year with the RoC — annual accounts and annual return.

Income realised from sub-lessee is to be assessed under Head ‘Other Sources’

August 11, 2007 402 Views 0 comment Print

The assessee’s contention that above income is to be assessed under the head other sources as he is not owner of the premises, is well taken and is required to be accepted. There is no question of estimating annual letting value of the property. It is to be assessed as per agreement between the parties under the head other sources. The Revenue authorities were not justified in assessing rental income under the head house property. On facts of the case, we direct the AO to take assessee’s rental income under the head other sources. The assessee would also be entitled to consequential relieves under the law. This ground of appeal of the assessee is accepted.

Chartered Accountants – Watch Out For Those Ten Deadly Time-Traps

August 9, 2007 498 Views 0 comment Print

Chartered Accountants, as a tribe, are workaholics. Whether one is in practice; or in employment. It is not unusual to see a Chartered Accountant put in twelve hours of work everyday. Six days in a week.Fifty two weeks in a year. Perhaps some of them put in even more.While many are effective, some are not. Being busy does not necessarily mean being effective. Some put in fewer hours and are effective. Others may put in long hours and are far from being effective. With today’s frenetic pace, it makes good sense to utilize a rare commodity – time – effectively.

Gift from abroad – Exempt from Income Tax or Taxable?

August 9, 2007 7978 Views 1 comment Print

The Foreign Exchange Regulations Appellate Board (FERAB) has pointed out that in most of the cases of foreign gifts, the recipients made cash payments to the account holders, their nominees or agents on receipt of the amount by cheque in India. In the Shanti Devi Jain vs Director of Enforcement (1996 89 Taxman 198) case, the FERAB observed: “It is also not unreasonable to take note of the common phenomenon that receiving gift cheques in this manner is a common mode of money laundering.”

Comparison of fiscal benefit available to SEZ, SEZ developer & 100% EOU

July 31, 2007 3991 Views 0 comment Print

Units undertaking to export their entire production of goods and services except to the extent of permissible sales in the DTA. Second hand capital goods, without any age limit, may also be imported duty free.

Interpretation of Accounting Standard's issued by ICAI

July 31, 2007 25266 Views 0 comment Print

Chapter III of the Income-tax Act, 1961 (hereinafter referred to as the ‘Act’) deals with incomes which do not form part of total income. Sections 10A and 10B of the Act are covered under Chapter III. These sections allow certain deductions, for certain years, from the total income of an assessee. These deductions are commonly described as ‘tax holiday’ and the period during which these deductions are available is commonly described as ‘tax holiday period’.

How to be Successful in Interviews

July 28, 2007 411 Views 0 comment Print

It is almost impossible to receive a job offer without first attending an interview of some sort, and who would want to take a job without first meeting their boss and perhaps a few colleagues? The secret of a successful interview lies in preparation, so it’s worth spending a little time doing your homework to make it a positive, useful experience. Good employers understand the pitfalls of interviewing, such as the tendency of people to recruit in their own image, but the process is slowly becoming more structured, sophisticated and balanced. Indeed, in some sectors the humble interview has been practically elevated to an art form, such as the travel or hospitality industries, in order to better assess applicants.

Filing Return of Income under the new ITR Form Series (A simple guide)

July 24, 2007 5212 Views 0 comment Print

Form No. 16A (received from all the payers who have deducted tax): You will first have to get this form collected from the parties who have deducted tax while making payment to you during the year. This includes banks and companies (with whom you have kept fixed deposits), parties to whom you have given loan, tenant to whom you have rented your property

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