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Non-Compete fees are tax-depreciable intangible assets: ITAT Chennai

June 29, 2009 3107 Views 0 comment Print

The Chennai Income Tax Appellate Tribunal (ITAT) has issued three rulings addressing the contentious issue of whether noncompeting fees paid by the acquirer of a business constitute tax deductible expenditure, and concluding that such fees are tax-depreciable intangible assets (Radaan Mediaworks India Ltd (2007), Real Image Technologies (Pvt.) Ltd (2008) and Medicorp Technologies India Ltd (2009))

Remuneration to partners should be Authorised by Partnership deed but quantification not necessary

June 29, 2009 2753 Views 0 comment Print

In Asstt. CIT v. Suman Construction (2009) 27 (II) ITCL 329 (Pune ‘A’-Trib) the assessing officer had noticed that the assessee had claimed salary to partners of Rs. 2,20,000. However, in his opinion as per the partnership deed filed along with the return in the past assessment year, there was no specification of this salary payable to the partners.

Requirement for formation of LLP in India

June 29, 2009 6550 Views 0 comment Print

There should be atleast 2 persons (natural or artificial) are required to form a LLP. In case any Body Corporate is a partner, than he will be required to nominate any person (natural) as its nominee for the purpose of the LLP.

How to surrender Multiple PAN, Request for New PAN Card if old is lost and for changes or correction in PAN data

June 21, 2009 9317 Views 3 comments Print

Request for New PAN Card or/and Changes or Correction in PAN data You can submit the application in the form “Request for New PAN Card or/and Changes or Correction in PAN data” in the following cases: A] When you already have PAN but want a new PAN card, B] When you want to make some […]

Frequently Asked Question on fringe benefit tax (FBT) PART- 4

June 20, 2009 3755 Views 0 comment Print

76. Whether expenditure incurred on prizes/rewards to employees for achievements is liable to FBT? Any expenditure incurred on prizes/rewards to employees for achievements would fall within the scope of clause (E) of sub -section (2) of section 115WB relating to employee welfare and accordingly be liable to FBT. 77. Whether expenditure incurred on transportation facility […]

Frequently Asked Question on fringe benefit tax (FBT) PART- 3

June 20, 2009 891 Views 0 comment Print

51. Whether expenditure incurred during in-house employee training would be considered as conference expense and liable to FBT? The FBT is not envisaged for levy on the expenditure incurred for the purposes of imparting in-house training to employees. However, FBT would be payable on any expenditure incurred towards food and beverage, tour and travel, and […]

Frequently Asked Question on fringe benefit tax (FBT) PART- 2

June 20, 2009 2471 Views 0 comment Print

32. Whether gross expenses or net expenses (i.e. net of recovery) are to be considered for the purposes of FBT? For example, part of the expenses on various items like travel, may be recovered from the employees. Therefore, whether FBT would be levied on the gross travel expenditure or on the ‘net’ travel expenditure’? Where […]

Frequently Asked Question on fringe benefit tax (FBT) PART- 1

June 20, 2009 5649 Views 0 comment Print

The Central Board of Direct Taxes has issued a list of frequently asked questions with answers on Fringe Benefit Tax, clarifying some issues raised by the trade and industry at different fora after the presentation of the Finance Bill, 2005 and also after its enactment. 1. What are the prerequisites for the levy of FBT? […]

The Maharashtra Tax Laws (Levy, Amendment and Validation) Bill, 2009 passed in 2009 Mahrashtra Government Budget

June 20, 2009 3850 Views 0 comment Print

L.A.BILL No.XIV of 2009 A BILL Further to amend certain tax laws in operation in the State of Maharashtra WHEREAS it is expedient further to amend certain tax laws in operation in the State of Maharashtra, for the purpose hereinafter appearing; it is hereby enacted in the Sixtieth year of the Republic of India as […]

Government Notified rules related to Delisting of listed shares

June 20, 2009 1164 Views 0 comment Print

Government Notifies Delisting Rules The Securities Laws (Amendment) Act enacted in 2005, incorporated section 21(A) in the Securities Contract Regulation Act (SCRA) to allow delisting of securities necessitating the creation of a delisting Framework. In order to provide statutory backing for the delisting framework, Rules dealing primarily with the substantive aspects and Regulations dealing primarily […]

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