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Can department file an appeal against its own circular?

April 1, 2009 936 Views 0 comment Print

A very piquant situation has arisen after the judgement of the Supreme Court in the Ratan Melting case. One of my ex-colleagues who is known to be as knowledgeable as he is serious, rang me up with a lot of concern that this judgement now authorises the CBEC to file appeal in the Supreme Court […]

Advancement of any other object of general public utility not a Charitable purpose if fees or other consideration charged

March 31, 2009 15517 Views 0 comment Print

Sub-section (15) of section 2 of the Act defines charitable purpose to include relief of the poor, education, medical relief, and the advancement of any other object of general public utility. It has been noticed that a number of entities operating on commercial lines are claiming exemption on their income either under sub-section (23C) of section 10 or section 11 of the Act on the ground that they are charitable institutions.

Rates for computation of advance tax, deduction of income-tax at source from Salaries, and charging of income-tax in certain cases during the financial year 2008-09

March 31, 2009 1811 Views 0 comment Print

The rates for deducting income-tax at source from Salaries and computing advance tax during the financial year 2008-09 have been specified in Part III of the First Schedule to the Act. These rates are also applicable for charging income-tax during the financial year 2008-09 on current incomes in cases where accelerated assessments have to be […]

Rates for deduction of income-tax at source from certain incomes during the financial year 2008-2009.

March 31, 2009 1820 Views 0 comment Print

In every case in which tax is to be deducted at the rates in force under the provisions of sections 193, 194, 194A, 194B, 194BB, 194D and 195 of the Income tax Act, the rates for deduction of income-tax at source during the financial year 2008-09 have been specified in Part II of the First […]

Income derived from saplings or seedlings grown in a nursery shall be deemed to be agricultural income

March 31, 2009 29423 Views 0 comment Print

4.1 “Agricultural income” is defined in sub-section (1A) of section 2 of the Act mean, inter-alia, income derived from land which is situated in India and is used agricultural purposes. Such agricultural income is exempt from tax under sub-section (1) of section 10 of the Income-tax Act, 1961. It has been held by judicial authorities that whether income from nursery operations constitutes agricultural income or not, will depend on the facts of each case.

Tax losses need to be carefully evaluated during acquisition

March 28, 2009 1551 Views 0 comment Print

In commercial sense, even tax losses are valued assets and hence need to be carefully evaluated at the time of acquisition. Recently, the Pune Tribunal in case of DaimlerChrysler India (DIPL) examined the provision relating to carry forward and set-off of losses under Section 79 of the Income Tax Act, 1961 in the backdrop of […]

ICAI is mulling changes in the chartered accountancy course

March 28, 2009 696 Views 0 comment Print

Institute of Chartered Accountants of India (ICAI) is mulling bringing about some changes in the chartered accountancy course syllabus, ICAI president Uttamprakash Agrawal said recently. “Indian chartered accountants are capable enough not just to fight the economic downturn, but also guide the world on how to come out of it,” he said. Nearly 4.50 lakh […]

Conversion of FCEBs into shares or debentures of any company shall not be treated as a ‘transfer’ within the meaning of Income-tax Ac

March 27, 2009 1465 Views 0 comment Print

Circular No.. 1/ 2009 – Income Tax 16.1 In 1992, the Government allowed established Indian companies to issue foreign currency convertible bonds (FCCB), with special tax regime for non-resident investors, so as to encourage the flow of foreign exchange to India

ICWAI will develop 39 cost accounting standards

March 27, 2009 1975 Views 0 comment Print

The government is considering a proposal to do away with the current system of calculating a product’s cost through a fixed format, a move that will bring in flexibility and reduce compliance costs for companies. In turn, the Institute of Cost and Works Accountants of India (ICWAI), the apex body regulating the cost accounting profession […]

Indian subsidiaries of foreign companies employing expatriates to deduct tax at source on their entire salary

March 27, 2009 1570 Views 0 comment Print

The taxman has finally caught up with expatriate employees. The Supreme Court today directed Indian subsidiaries of foreign companies employing expatriates to deduct tax at source on their entire salary just as domestic companies do.

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