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Losses not deductible under Sec 80HHC – SC

September 18, 2007 706 Views 0 comment Print

The Supreme Court has said that an Assessee cannot claim deduction under section 80-HHC of the I-T Act for losses suffered on transactions. The apex court ruled that the meaning of profits under the provision of the Act would not include losses. Even if there are losses, they have to be ignored for the beneficiary purpose of such deduction, it added.

Income Tax Scrutiny Norms for A.Y. 2007-08

September 14, 2007 4502 Views 0 comment Print

The CBDT has given norms for current fiscal for selection of cases meant for scrutiny. For corporates: All banks and public Sector undertakings are liable for scrutiny. Also, all NSE-500 companies and BSE-A group companies listed in Bombay Stock Exchange as on March 31, 2007, are covered. Companies in Delhi , Mumbai, Chennai, Kolkata, Pune, Hyderabad , Bangalore and Ahmedabad paying book profit tax under Section 115 JB on the book profit of Rs 50 lakh and above are liable for scrutiny. In the case of companies in other places the monetary limit for book profit is Rs 25 lakh.

Electronic Funds Transfer (EFT) Meaning , Sysytem , Charges and Benefit

September 13, 2007 2615 Views 0 comment Print

RBI EFT is a Scheme introduced by Reserve Bank of India (RBI) to help banks offering their customers money transfer service from account to account of any bank branch to any other bank branch in places where EFT services are offered.The EFT system presently covers all the branches of the 27 public sector banks and 55 scheduled commercial banks at the 15 centres (viz., Ahmedabad, Bangalore, Bhubneshwar, Kolkata, Chandigarh, Chennai, Guwahati, Hyderabad, Jaipur, Kanpur, Mumbai, Nagpur, New Delhi, Patna and Thiruvananthpuram). Funds transfer is possible from any branch of these banks at these centres to other branch of any bank at these centres both inter-city and intra-city.

Recycle Bin for Tally 7.2 and Tally 9

September 10, 2007 1904 Views 0 comment Print

Recycle Bin for Tally 7.2 and Tally 9 Enables you to retrieve Voucher entries that you may have accidentally deleted in Tally. It is similar to the Windows recycle-bin and works with Tally 7.2 and Tally 9. The ZIP file contains a readme.txt file which contains steps for configuring Tally.ini in order to use RBIN.TCP file.

TDS credit – firm vs partners – If dividend income is assessed in hands of assessee-shareholder ?

September 7, 2007 583 Views 0 comment Print

In the present case, the dividend income is admittedly taxed in the hands of the assessee/ shareholder. Once the dividend income is assessed in the hands of the assessee / share-holder, the proviso to Section 199 of the Act would have no application and consequently denying the credit of TDS to the assessee / shareholder does not arise at all. The first proviso to Section 199 read with Rule 30A apply inter alia, where the dividend income is to be taxed in the hands of a person other than the shareholder. As the case of the assessee falls in the first part of Section 199, the assessee could not be denied credit of TDS.

J & K exemption – education cess also to be refunded : Tribunal

September 7, 2007 465 Views 0 comment Print

It is evident that when the exempted amount of duty was required to be refunded for operationalising the exemption, Education Cess, which was in the nature of piggy back duty on the excise duties under the said three Acts, was also required to be refunded, because it was not at all leviable, in view of the entitlement to exemption worked out under paragraph 2 of the said Notification.

ITAT has power to extend stay, even after 2007 amendment – Identical cases in Central Excise followed : Bombay HC

September 7, 2007 294 Views 0 comment Print

Does the third proviso to Section 254 (2A) of Income Tax Act, have the effect of denuding the Tribunal of its incidental power to grant interim reliefs? Finance Act 2007 substituted sub-section (2A) to Section 254 of the Income Tax Act, 1961 with effect from 1st June, 2007.

Acceptance of audit & Code of conduct

September 7, 2007 991 Views 0 comment Print

An auditor is precluded from making inquiries and sending feelers to appoint him as the auditor. The proposal should come from the client and should not be initiated by the auditor. Several professional and legal requirements are to be considered while accepting a new audit. Code of conduct, auditing and assurance standards, the Indian Contract Act and the Companies Act contain legal provisions about the appointment and acceptance of an audit.

Assessee entitled to deduction u/s 80HHC on income from transfer of DEPB from AY 1998-99 and onwards – ITAT

September 7, 2007 607 Views 0 comment Print

The Assessee is not entitled to deduction u/s 80IB on profit from DEPB Scheme and the cross objection filed by the Assessee was dismissed. In regard to Duty Draw Back Scheme, it has held by the division bench of the ITAT, Delhi that the receipt was in lieu of expenses earlier incurred by payment of excise and customs duty. Therefore, the receipt was in the course of the business of the industrial undertaking. Accordingly, it was entitled to exemption u/s 80IB.

Preloaded operating system software is an integral part of a laptop and cannot be classified separately

September 6, 2007 2083 Views 0 comment Print

the short question for determination is, Whether operating systems (software) which controls the working of the computer and which is preloaded in the laptop (notebook) is classifiable as a separate entity under CTH 85.24 at ‘nil’ rate of duty or as an integral part of the laptop under CTH 84.71 at the appropriate rate of duty.

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