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Recycle Bin for Tally 7.2 and Tally 9

September 10, 2007 2138 Views 0 comment Print

Recycle Bin for Tally 7.2 and Tally 9 Enables you to retrieve Voucher entries that you may have accidentally deleted in Tally. It is similar to the Windows recycle-bin and works with Tally 7.2 and Tally 9. The ZIP file contains a readme.txt file which contains steps for configuring Tally.ini in order to use RBIN.TCP file.

TDS credit – firm vs partners – If dividend income is assessed in hands of assessee-shareholder ?

September 7, 2007 757 Views 0 comment Print

In the present case, the dividend income is admittedly taxed in the hands of the assessee/ shareholder. Once the dividend income is assessed in the hands of the assessee / share-holder, the proviso to Section 199 of the Act would have no application and consequently denying the credit of TDS to the assessee / shareholder does not arise at all. The first proviso to Section 199 read with Rule 30A apply inter alia, where the dividend income is to be taxed in the hands of a person other than the shareholder. As the case of the assessee falls in the first part of Section 199, the assessee could not be denied credit of TDS.

J & K exemption – education cess also to be refunded : Tribunal

September 7, 2007 687 Views 0 comment Print

It is evident that when the exempted amount of duty was required to be refunded for operationalising the exemption, Education Cess, which was in the nature of piggy back duty on the excise duties under the said three Acts, was also required to be refunded, because it was not at all leviable, in view of the entitlement to exemption worked out under paragraph 2 of the said Notification.

ITAT has power to extend stay, even after 2007 amendment – Identical cases in Central Excise followed : Bombay HC

September 7, 2007 486 Views 0 comment Print

Does the third proviso to Section 254 (2A) of Income Tax Act, have the effect of denuding the Tribunal of its incidental power to grant interim reliefs? Finance Act 2007 substituted sub-section (2A) to Section 254 of the Income Tax Act, 1961 with effect from 1st June, 2007.

Acceptance of audit & Code of conduct

September 7, 2007 1306 Views 0 comment Print

An auditor is precluded from making inquiries and sending feelers to appoint him as the auditor. The proposal should come from the client and should not be initiated by the auditor. Several professional and legal requirements are to be considered while accepting a new audit. Code of conduct, auditing and assurance standards, the Indian Contract Act and the Companies Act contain legal provisions about the appointment and acceptance of an audit.

Assessee entitled to deduction u/s 80HHC on income from transfer of DEPB from AY 1998-99 and onwards – ITAT

September 7, 2007 751 Views 0 comment Print

The Assessee is not entitled to deduction u/s 80IB on profit from DEPB Scheme and the cross objection filed by the Assessee was dismissed. In regard to Duty Draw Back Scheme, it has held by the division bench of the ITAT, Delhi that the receipt was in lieu of expenses earlier incurred by payment of excise and customs duty. Therefore, the receipt was in the course of the business of the industrial undertaking. Accordingly, it was entitled to exemption u/s 80IB.

Preloaded operating system software is an integral part of a laptop and cannot be classified separately

September 6, 2007 2557 Views 0 comment Print

the short question for determination is, Whether operating systems (software) which controls the working of the computer and which is preloaded in the laptop (notebook) is classifiable as a separate entity under CTH 85.24 at ‘nil’ rate of duty or as an integral part of the laptop under CTH 84.71 at the appropriate rate of duty.

Credit on input service – Outward freight – Gujarat Ambuja disagreed with – referred to Larger Bench

September 1, 2007 1172 Views 0 comment Print

The question before the Tribunal was whether Service Tax paid on outward transport of goods can be taken credit as input service. The issue is too well known for any detailed elaboration. Straight to what the Tribunal had to say; In a lucid and analytical dissection matching mathematical precision, the Tribunal observed.

Amendment to e-Tds / e-Tcs filing w.e.f. 01/09/2007

September 1, 2007 769 Views 0 comment Print

As per Income-tax (Ninth Amendment) Rules, 2007 notified vide No.238/2007, Dated 30-08-2007, the following persons are mandatory required to file TDS / TCS returns electronically on quarterly basis: The deductor is an office of Government, or The deductor is a company; or The deductor is a person required to get his accounts audited under section 44AB in the immediately preceding financial year; or

Charge of FBTon ESOP/ Sweat equity – Amendments, vide FA, 2007

August 30, 2007 1516 Views 0 comment Print

Employees’ Stock Option Plan or Scheme (ESOP or ESOS, for short), was not liable to fringe benefit tax (FBT) upto the assessment year (AY) 2007-08, relevant to the financial year (FY) 2006-07. The reason for the same is that though under the provisions of section 115WB(1)(a) of the Income-Tax Act, 1961 (the Act), ESOP could be considered as a privilege and accordingly, chargeable to FBT, yet in the absence of specific valuation provisions in this regard in section 115WC,

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