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Stock Exchange card is not an intangible asset eligible for depreciation U/s. 32 (1) of the Income Tax Act 1961

September 12, 2009 891 Views 0 comment Print

In A judgment that could have a bearing on the tax outgo of many stock brokers, the Bombay High Court on Friday ruled that depreciation cannot be claimed on stock exchange membership cards, while calculating tax liabilities. The I-T Department’s contention was that a membership card is not capable of diminishing in value due to its use, wear and tear and obsolescence.

Renting of Immovable Property

September 11, 2009 7956 Views 0 comment Print

The Division Bench of the Delhi High Court comprising of Justice Badar Durrez Ahmed and Justice Rajiv Shikader gave a milestone judgment on 18th April, 2009, in the case of Home Solution Retail India Ltd and Others Vs. UOI and Others (2009-TIOL-196-HC-DEL-ST). The issue involved in this case related, to a batch of Writ Petitions challenging the legality, validity and vires of Notification No.24/2007 dated 22.05.2007 and Circular No.90/1/2008 dated 04.01.2008, issued by the Secretary, Ministry of Finance, Department of Revenue, Government of India.

Generate Audit Report in 3CD form with Tally.ERP 9 – Auditors’ Edition

September 10, 2009 7802 Views 0 comment Print

Tally.ERP 9 – Auditors’ Edition provides you, as a CA, the facility to print Form 3CD with the required Annexure, to file Tax Audit returns under section 44AB. Using Tally.ERP 9 – Auditors’ Edition, you can now directly print Form 3CD. You can print the Form after completing the Tax Audit from within Tally.ERP 9 – Auditors’ Edition or externally. The form is easy to fill and comes with some very useful features:

Valuation of perquisites / fringe benefits after abolition of FBT

September 9, 2009 1879 Views 0 comment Print

As per the aforesaid newly inserted section 115WM, nothing contained in Chapter XII-H shall apply, in respect of any assessment for the assessment year (AY), commencing on 1.4.2010, or any subsequent AY. In other words, the fringe benefit tax (FBT) has been abolished from the AY 2010-11, onwards, i.e. from the financial year (FY) 2009-10, onwards.

Taxation of Limited Liability Partnership (LLPS) in India

September 9, 2009 5589 Views 0 comment Print

Limited liability partnership (LLP) is essentially a partnership constituted in corporate form which has a separate legal identity distinct from its partners. Its primary advantage is the benefit of limited liability, a feature not prevalent in general partnerships. Liability of an LLP’s partners is restricted to the extent of their individual contributions to the LLP; […]

Expenses incurred by a company in relation to advertising and promoting a brand owned by it would be eligible for input tax credits

September 9, 2009 5375 Views 0 comment Print

In a recent landmark judgement in Coca Cola India Pvt. Ltd. vs. Commissioner of Central Excise (2009-VIL-06-HC-BOM-ST), the Mumbai High Court has interpreted the relevant provisions of service tax law in a broad and inclusive manner in order to hold that expenses incurred by a company in relation to advertising and promoting a brand owned […]

Requirement and procedure for obtaining commencement of business certificate

September 9, 2009 37842 Views 7 comments Print

Certificate of Commencement of Business: Procedural Analysis The date of incorporation of a company may not be the date of commencement of business. A private company and a public limited company not having share capital are not required to comply with any other formalities and may commence its business activities immediately after obtaining the certificate of incorporation from the […]

Department filed appeal in high court against pharma companies not deducting TDS on contract manufacturing

September 9, 2009 729 Views 0 comment Print

Drug firms outsourcing finished products for domestic as well as export markets are under the income-tax (I-T) scanner. The I-T department has dragged around half a dozen leading drug makers, including Novartis Healthcare Pvt. Ltd, Elder Pharmaceuticals Ltd, Glenmark Pharmaceuticals Ltd and Aristo Pharmaceuticals Pvt. Ltd, to the Bombay high court for alleged tax law violations in making payments to their contract manufacturers.

Oil & gas service providers not been provided benefit of presumptive taxation in DTC

September 9, 2009 786 Views 0 comment Print

Under the existing provisions of Section 44BB of the Act, which has non-obstante clause overriding the other provisions of the Act, non-resident service providers to oil & gas industry enjoy a tax regime wherein 10% of the gross receipts are deemed to be their income and tax is levied at the rate of 42.23% on […]

Government considering a proposal to raise the tax exemption limit for transport allowance to Rs 3,200 a month from Rs 800

September 8, 2009 564 Views 0 comment Print

The government is considering a proposal to raise the tax exemption limit for transport allowance to Rs 3,200 a month from Rs 800 follows a similar hike for government servants under the Sixth Pay Commission award. It is likely to find adoption in the private sector too, triggering greater spending across the economy and boosting […]

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