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SIM card: Is it a Goods or service?

January 17, 2009 12709 Views 0 comment Print

What is a SIM Card?  A SIM card is a portable memory chip used in some models of cellular telephones. Features of SIM Card SIM holds personal identity information, cell phone number, phone book, text messages and other data. It can be thought of as a mini hard disk that automatically activates the phone into […]

Cash Credit & Addition under Section 68 of Income Tax Act

January 16, 2009 1100 Views 0 comment Print

If there is cash credit, creditworthiness of the creditor, genuineness of the entry, identity of the creditor, the source of money, etc. is required to be considered under section 68 of Income-tax Act.

Exclusion period for grant of interest under section 244A (1) of IT Act to the Assessee

January 16, 2009 1529 Views 0 comment Print

11. Section 244A has been inserted on the statute by the Direct Tax Laws (Amendment) Act, 1989 we f. 1st day of April 1989 and it has been inserted in lieu of Section 214 243 and 244. Sub-section (1) of Section 244A provides for granting of refund by the Revenue to the assessee in the cases where payment of advance tax and TDS exceeds the tax liability In the present case, there is no dispute so as for the entitlement of assessee to get refund, but the controversy is regarding the period which is to be excluded as per provisions of Section 244A (2).

Interpretation of expression "value" used in Explanation 2 to section 80-IB(2) of IT Act

January 16, 2009 631 Views 0 comment Print

20. We have heard both the parties and have carefully gone through the orders of the authorities below. Explanation 2 below sub section (2) of section 80IB provides that where in the case of an industrial undertaking, any machinery or plant or any part thereof previously used for any purpose is transferred to a new business and the total value of the machinery or plant or part so transferred does not exceed 20 per cent of the total value of the machinery or plant used in the business, then for the purpose of clause (ii) of sub-section 2 of section 80IB,

Some useful Latin proverbs

January 15, 2009 2562 Views 0 comment Print

A fortiori – With even stronger reason; More conclusively; All the more so. A posteriori – From what comes after. (From effect to cause) A priori – From what comes before. (Reasoning from cause to effect) Ab abusu ad usum non valet consequentia – Consequences of abuse do not aply to general use. Ab extra […]

RIGHT TO INFORMATION: BACKGROUND – LAW AND PROCEDURE

January 15, 2009 372 Views 0 comment Print

Right to Information Act is based on the analogy that transparency leads to greater accountability and that in turn should lead to good governance.

Companies Audited by PWC – Price Waterhouse Cooper (Satyam Auditors)

January 15, 2009 417 Views 0 comment Print

India always got an Overweight Rating as compared to its Emerging Market Peers from FII’s Backed by its good corporate Governance (!!!) But the Biggest scandal(so called event from Satyam) among the indian corporates raised major questions about the auditing practices and principles that they were following at the moment.Moreover these auditing works are carried […]

Amended ICAI Act good enough to deal with Misconduct by its Members

January 15, 2009 717 Views 0 comment Print

The Institute of Chartered Accountants of India (ICAI) is the regulating body in India to deal with matters relating to professional or other misconduct of its members by virtue of the powers vested in The Chartered Accountants Act, 1949 and the relevant regulations framed thereunder.

Administrator in co-operative housing societies: An Overstaying Guest!

January 15, 2009 66296 Views 27 comments Print

 The cases of appointment of administrators in co-operative housing societies are increasing.Generally the Deputy/Assistant Registrar of co-operative societies (“the Registrar”) appoints an administrator upon complaint(s) from member(s) of the society, if he finds that it is a fit case to expell the managing committee of the society. Such an action, may invite mixed reactions from […]

Special Bench overrules law on S. 292BB of the Income Tax Act, 1961

January 15, 2009 540 Views 0 comment Print

(1) S. 292BB, inserted by the F.A. 2008 w.e.f. 01.04.2008, creates a legal fiction and takes away the right of an assessee to claim that in case of invalid notice the whole proceedings taken pursuant to that notice would be void ab initio and will have no legal consequences; (2) However, the rule of interpretation of statutes is that a provision creating a new disability or obligation and imposing a new duty in respect of completed transactions cannot be construed to be retrospective;

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