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Rectification of mistakes – whether permissible in case of subsequent contrary decision?

February 17, 2010 5104 Views 0 comment Print

Section 154 of the Income Tax Act, 1961 provides that any mistake apparent from the record can be rectified by the assessing authority within expiry of four years from the end of the financial year in which the order sought to be amended was passed.

Looking Beyond Things: Mandap Keeper

February 17, 2010 12086 Views 0 comment Print

The Mandap Keeper Service was brought into the service tax scope from 1-7-1997.The service of Mandap keeper has also raised many issues. The main issue arises when the food is also provided along with the services of Mandap Keeper. One of the options is to take abatement and pay the service tax.

ICAI committee recommended stringent action against the Indian arm of global audit firm PricewaterhouseCoopers

February 17, 2010 1193 Views 0 comment Print

A high-powered committee of the Institute of Chartered Accountants of India (ICAI) has recommended stringent action against the Indian arm of global audit firm PricewaterhouseCoopers (PwC) for delegating audit work in erstwhile Satyam Computer Services to an affiliate firm Lovelock & Lewes.

Base Rate System and Its role in transparency

February 17, 2010 621 Views 0 comment Print

RBI guidelines describe base rate as follows: ‘The Base Rate system will replace the BPLR system with effect from April 1, 2010. Banks may determine their actual lending rates on loans and advances with reference to the Base Rate. Base Rate shall include all those elements of the lending rates that are common across all categories of borrowers. While each bank may decide its own Base Rate, some of the criteria that could go into the determination of the Base Rate are:

Mismanagement of Company Properties – Company Law in India – A Case Study

February 16, 2010 1419 Views 0 comment Print

Company Law is very interesting and complicated. A shareholder having a substantial stake in the Company should be very careful as to how the Company functions and as to whether there is any chance for oppression and mismanagement. A substantial shareholder in a Company should always have an eye on the functioning of the Company and should keep track of all the transactions or the business.

Some views on Penal Provisions u/s 29(8) of MVAT Act

February 16, 2010 6627 Views 0 comment Print

It is well esteblished principle that the power to levy penality under taxation laws is incidental and ancillary to the power of collection of tax and is provided to make sure the compliance of tax deposits by the assessees. Taxation laws are welfare laws i.e they are for the welfare of the general public at large.

ICAI will propose time line to dispose of the complaints that arise against its members

February 15, 2010 522 Views 0 comment Print

The Institute of Chartered Accountants of India (ICAI), the apex regulator of accountancy profession in the country, will propose a time line to dispose of the complaints that arise against its members. The institute had recently recommended disciplinary action against two of its member chartered accountants after they were charged with professional misconduct while conducting the audit of Global Trust Bank for the year 2000-01.

Issue of FCCBs and Ordinary shares (through Depository Receipt Mechanism) scheme, 1993 amended

February 15, 2010 6581 Views 0 comment Print

A scheme for issue of Foreign Currency Convertible Bonds and Ordinary shares (through Depository Receipts Mechanism) was notified in 1993 to allow the Indian Corporate sector to access global capital markets through issue of Foreign currency Convertible Bonds (FCCBs) / Equity Shares under the Global Depository Receipt Mechanism (GDR) and American Depository Receipt Mechanism (ADR). The scheme has been amended from time to time since then.

Things to do now for Income tax return of financial year 2009-2010

February 15, 2010 1518 Views 0 comment Print

Financial year 2009-10 is coming to an end but this does not mean one can take things easy in the last few weeks. Several other essentials on the tax front have to be completed.Here are a few areas where one needs to pay attention to ensure that there are fewer headaches in the next financial year.

Recent judgement of Punjab & Haryana HC on disallowance U/s. 14A of I.T. Act, 1961

February 15, 2010 851 Views 0 comment Print

It was held in this case that where it is found that for earning exempted income no expenditure has been incurred, disallowance under section 14A cannot stand. In view of the finding of the Tribunal, it is clear that the expenditure on interest was set-off against the income from interest and the investment in the share and funds was out of the dividend proceeds. In view of this finding of fact, disallowance under section 14A was not sustainable.

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