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CA students to attend GMCS twice during articled training

September 3, 2012 3296 Views 0 comment Print

This is to bring to your kind notice that the Council has decided that the General Management & Communication Skills (GMCS) Course, presently being organized for 15 days for the CA students shall be organized twice during the period of articled training as under:

Penalties for Non Compliance with Appointment of Cost Auditor

September 3, 2012 11756 Views 0 comment Print

The period of August and September is normally very busy for the accounting as the finalisation of accounts is done by maximum companies in this period only. As the Finance heads are busy with the finalisations of the books of accounts, they may skip some of the important notifications which may have an implication on the finances and regulatory compliances.

Procedure for registration/ applying importer exporter code (IEC)

September 3, 2012 146963 Views 65 comments Print

To import in India or export out of India, IEC Code i.e. Importer Exporter Code is mandatory. IEC Code is unique 10 digit code issued by DGFT – Director General of Foreign Trade, Ministry of Commerce, Government of India. No person or entity shall make any Import or Export without IEC Code Number.

No addition for renovation while calculating value of rent free accommodation

September 3, 2012 2631 Views 0 comment Print

In the present case, if the Assessing Officer had returned a finding that the premises were to be valued at market value (of the rental), in case it increased as a result of the renovations, the only prescribed mode was to apply the method indicated by Rule 3 (a) (iii) of the Valuation Rules. The AO could not have included the entire expenses, and spread it over a period of five years, for the purpose of saying that the whole of such expense constituted a perquisite.

No Tax to partnership on surrender of Tenancy Right held by partners

September 3, 2012 2413 Views 0 comment Print

In the instant case, no where the assessee-firm is considered as the tenant. In the partnership deed dated 4-4-1990 also, it is stated that all rights over trade name, goodwill license and permits shall belong to the partners. It is the legal heirs of ‘A’ and ‘V’, who have continued to hold the tenancy rights and have used the name of the business only for the sake of convenience, which had been continuance from the pre-partition days.

Wealth Tax not payable on house not fit for residence or incomplete house

September 3, 2012 4121 Views 0 comment Print

In the instant case, the fact of purchase of land, commencing of the construction of residential house on the said land and the sale of land is not in dispute. The only dispute is whether the land was an ‘asset’ within the meaning of section 2(ea) and, therefore, liable to wealth-tax or the land along with the superstructure can be considered as ‘residential house’ and, therefore, can be considered to be an exempted asset under section 5(vi).

Interest u/s. 244A is also payable on interest portion of tax demand

September 3, 2012 4180 Views 0 comment Print

The question that arises for consideration in instant case is, whether the payment made by the assessee of Rs. 1.74 crore against the total amount of Rs. 3.61 crore, which included the interest of Rs. 1.83 crore under Section 220(2) and 234-B, was paid as tax or interest.

While deciding non-resident status Incomplete day to not to be included in days of stay

September 3, 2012 8847 Views 0 comment Print

As rightly pointed out by the Commissioner (Appeals), there was a mistake of taking number of days. Therefore, according to Assessing Officer’s own method it should be 186 days. If the date of arrival was excluded as it was not a complete day, the stay of assessee was less than 182 days. Accordingly, there was no merit in the revenue appeal. The case law relied was in support of the contention that day of arrival, particularly late in the day should be excluded. If that day was excluded the stay in India by assessee was less than 180 days. Therefore, assessee’s salary was not taxable in India.

Charges for Seconding entitlement rights of assured supply of railway rakes is not rent u/s. 194I

September 3, 2012 780 Views 0 comment Print

The learned CIT(A) has tried to give a meaning to the definition as given in the Statute u/s. 194-I vis-à-vis the agreement for wagons investment scheme as has been perused in his order. Having reproduced the agreement and the definition of rent, he has not been to correlate the same for the simple reason that rent or arrangement has to be understood from the point of view of ownership.

It is not necessary for assessee to establish that debt has become irrecoverable

September 2, 2012 4926 Views 0 comment Print

As is apparent from the aforesaid facts, the AO disallowed the claim of bad debts in the absence of any evidence as to when the amount was offered as income and there was nothing to show as to whether this amount had been actually written off in the books of account. On appeal, the ld. CIT(A) admitted the additional evidence in this regard while observing that though the basic information and requisite details regarding bad debts/advances written off

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