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RBI directed RRBs to disclose commission received from mutual funds and insurers

December 10, 2009 942 Views 0 comment Print

“Keeping in view the need for transparency in the interest of the customers… it has since been decided that Regional Rural Banks (RRBs) should disclose to the customers, details of all the commissions or other fees received, if any, from various mutual fund or insurance companies for marketing or referring their products,” RBI said in a notification.

Johnny and Service Tax Refund Part – VII

December 9, 2009 789 Views 0 comment Print

In continuation of previous articles, elaborating the difficulties in getting the refund claim under different services, we in this article are unveiling the problems existing in the Service tax refund mechanism under Services of purchase or sale of foreign currency, including money changing provided to an exporter in relation to export goods (Section 65(105)(zm)) & (Section 65(105)(zzk)) and (i) Services provided in relation to collection of export bills, (ii) Services provided in relation to export letters of credit such as advising commission, advising amendment, confirmation charges (Section 65(105)(zm)).

Expenditure on convertible debentures held to be deductible

December 9, 2009 2096 Views 0 comment Print

Secure Meters Ltd. („the assessee?) is engaged in the business of manufacture of energy meters. The Assessing Officer (AO) inter-alia disallowed expenses on the issue of convertible debentures on the basis that it was capital in nature. This was confirmed by the Commissioner of Income Tax (Appeals). On further appeal, the Income Tax Appellate Tribunal („Tribunal?), however, held that the expenses on issue of debentures was allowable as a revenue expenditure. Aggrieved by the decision of the Tribunal, the Revenue filed an appeal before the Rajasthan High Court.

Income-tax Ombudsman : An appraisal

December 9, 2009 1657 Views 0 comment Print

An in-depth appraisal of the Income-tax Ombudsman in Mumbai: How effective is it and what can be done to improve its functioning?

S. 90 Relief in computing TDS u/s.192

December 9, 2009 6144 Views 0 comment Print

Introduction: Reaping benefits of privatisation, liberalisation and globalisation, many Indian companies, especially the IT and ITES companies, have been able to establish thumping international presence. To ensure timely delivery, installation, customisation and maintenance of products and rendering of services outside India, these companies have established branches or subsidiaries outside India or entered into various arrangements […]

Scope of clause (a) of explanation to S. 115JB —the amount of Income-tax paid or payable, and the provision therefore

December 9, 2009 3624 Views 0 comment Print

S. 115JB(1) of the Income-tax Act, 1961 (Act in short) provides for payment of a minimum alternate tax in case the Income-tax computed on the total income falls short of 10% of the book profits of the company. For ensuring that companies do not adopt accounting practices to render the provision otiose, Ss.(2) requires the profit and loss account of companies to be prepared as per Parts II and III of Schedule VI to the Companies Act, 1956. Proviso to this sub-section further ensures that the accounting policies, accounting standards and the method and rates of depreciation adopted for the purposes of S. 210 of the Companies Act, are not varied while computing ‘book profit’ u/s.115JB.

PWC chairman step down before the end of his tenure

December 9, 2009 942 Views 0 comment Print

Almost a year after it was rattled by the Satyam scam, auditing firm PricewaterhouseCoopers (PwC) on Monday announced a sudden change of leadership of India operations as its chairman Ramesh Rajan stepped down prematurely to make way for Gautam Banerjee, who takes over from Singapore with immediate effect.

Scope of appeals from ITAT orders u/s. 260A of Income-tax Act, 1961 and S. 15 of N.T.T. Act, 2005

December 9, 2009 6620 Views 0 comment Print

A remedy by way of appeal from the orders of ITAT is provided both u/s.260A of the Income-tax Act, 1961 and u/s.15 (w.e.f. 6-1- 2006) of the N.T.T. Act, 2005. Although appeals from the orders of ITAT are supposed to be filed only in the National Tax Tribunal from 6-1-2006, yet appeals are being filed in the High Court for good reasons. Hence, wherever reference is made to N.T.T, it may be taken/understood that the date of filing the appeal would have to be on or after 6-1-2006.

ICAI booth been captured during election voting

December 9, 2009 1995 Views 0 comment Print

The elections to the 21st Central Council and the 20th Regional Councils of the Institute of Chartered Accountants of India (ICAI) ran into rough weather after a booth capturing incident. At least four unidentified men, including one toting a pistol, stormed an ICAI election booth atVaishali (near Ghaziabad) on Saturday, tampering the ballot box and stuffing ballot papers, sources said.

Tax dispute resolution Coverage, Scope, Problems, Challenges, Suggestions & Motive

December 9, 2009 1140 Views 0 comment Print

Tax dispute resolution in the Indian context hasn’t particularly been an encouraging experience. While a portion of this taint could be attributed to complexity of tax laws and efficiency levels of the administrative process, a material reason is delay in seeking resolution due to multiple layers of appeals, which currently is four.

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