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Analysis of Draft Point of Taxation (For Services Provided or Received in India) Rules

August 10, 2010 831 Views 0 comment Print

Pending roll out of the much awaited Place of Supply Rules for Services, which was announced in Union Budget 2010-11 speech, the Government Of India has published the Draft Point of Taxation (For Services Provided or Received in India) Rules (‘the draft Rules’) for services alongwith Explanatory Notes to the Rules. The Rules are proposed to be issued by exercising the powers conferred under Section 94 (2) (hhh) of the Finance Act, 1994 (‘the Act’).

Is It Possible to Lay A Hard and Fast Rule on Powers of CLB U/s. 397/398 of Companies Act, 1956?

August 10, 2010 1783 Views 0 comment Print

It is known to the corporate professionals that there are so many complications in getting the disputes resolved among shareholders in the Company. The disputes among the shareholders or the groups tend to come in closely held companies as the largely held Public Limited Companies should follow SEBI (DIP) regulations while allotting shares and as SEBI and the Stock Exchange monitors various issues in respect of Listed Public Companies.

Full value of consideration is totally different from the concept of Fair market value

August 9, 2010 2783 Views 0 comment Print

Reliance Communications Infrastructure Ltd. (“RCom”) transferred shares of Reliance Infocomm Ltd. (RIL) worth INR. 50 crores at face value (INR.1) to one of the promoters (market value of shares being INR. 53.7).As per the promoter, the shares were not transferred but were pledged against a loan of INR 50 crores advanced to RCom.

Conversion of Company into Limited Liability Partnership (LLP) – Amendment to Finance Bill 2010

August 9, 2010 768 Views 0 comment Print

The Finance Bill 2010, introduced provisions for conversion of private companies / unlisted companies into LLP along with conditions for tax neutrality of such conversions. One of the conditions for tax neutrality is that the total sales, turnover or gross receipts in any of the three years preceding the conversion does not exceed INR 6 mn. Consequential amendments were also made to various sections in the Income-tax Act 1961 (ITA).

Total amount of transfer pricing adjustment cannot exceed the absolute amount of revenue realized by the associated enterprise from third parties

August 9, 2010 2646 Views 0 comment Print

This judgment emphasizes the fact that total amount of transfer pricing adjustment cannot exceed the absolute amount of revenue realized by the associated enterprise from third parties and idle capacity adjustment should be allowed to the taxpayer to improve the comparability analysis.

ICAI proposes to start coaching classes for students through virtual classrooms

August 9, 2010 1005 Views 0 comment Print

The Institute of Chartered Accountants of India soon proposes to start coaching classes for students through virtual classrooms, the Institute’s Vice-President, Mr G Ramaswamy, told journalists here on Sunday. “We will facilitate more virtual classrooms where students can access lectures and also download revisionary test papers, supplementary study material and suggested answers to prepare for exams,” he said.

Income Tax – Presumptive Income Schemes for Small Assessees

August 8, 2010 50095 Views 0 comment Print

There are many presumptive income schemes for small businessmen engaged in civil construction, transport business, retailers etc. A person covered under these schemes can declare his income under these sections on presumptive basis and can get himself free from the requirement of maintaining regular books of accounts u/s 44AA.

China-Slow Down is Better

August 8, 2010 723 Views 0 comment Print

The Chinese economy was the first economy to show the hope of recovery when the world economy came to an end. Chinese stimulus package led the hope of fire run across the world as the FIFA CUP 2010 was made roaming across the World. The world economy got the first relief with the GDP numbers showing signs of growth came from the Chinese economy.

Requirements for becoming a Chartered Accountant

August 7, 2010 4296 Views 0 comment Print

Enroll with the ICAI for Common Proficiency Test (CPT) after passing class 10th examination conducted by an examining body constituted by law in India or an examination recognized by the Central Government as equivalent thereto.

ICAI in fight with ICWAI, Opposing change of name by it

August 7, 2010 18010 Views 108 comments Print

Trouble seems to be brewing between the apex accounting body of chartered accountants, the Indian Chartered Accountants Institute (ICAI) and the Institute of Costs and Works accountants of India (ICWAI). The ICAI has declared an open war against the proposal of name change of ICWAI to Institute of Costs and Management Accountants of India (ICMAI).

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