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Deduction U/s. 54/54F dallowable for purchase of multiple independent house units

December 20, 2012 4318 Views 0 comment Print

As held in D. Ananda Basappa’s case (1 supra) by the Karnataka High Court, the expression a residential house in Section 54 (1) of the Act has to be understood in a sense that the building should be of residential nature and a should not be understood to indicate a singular number

‘Grossing up’ in absence of PAN should be at rates in force and not at 20%

December 20, 2012 13430 Views 0 comment Print

A literal reading of sec. 195A implies that the income should be increased at the rates in force for the financial years and not the rates at which the tax is to be withheld by the assessee. The Hon’ble Apex Court in the case of GE India Technology (cited Supra) has held that the meaning and effect has to be given to the expression used in the section and while interpreting a section, one has to give weightage to every word used in that section.

Salient Features of Companies Bill, 2012

December 20, 2012 8344 Views 0 comment Print

The Companies Bill, 2012, which was passed by the Lok Sabha yesterday, on its enactment will allow the country to have a modern legislation for growth and regulation of corporate sector in India. The existing statute for regulation of companies in the country, viz. the Companies Act, 1956 had been under consideration for quite long […]

Company Secretaries in Companies Bill 2011

December 20, 2012 3005 Views 0 comment Print

CS. Bilu Balakrishnan We have attached below a PPS / PPT – Company Secretaries in Companies Bill 2011 which is based on Companies Bill, 2011 passed in Lok Sabha  on 18.12.2012. The Company Secretary (CS in short) profession has lot more in the new Bill. This presentation intents to have a birds eye view of […]

Taxability of set top boxes under Delhi VAT

December 20, 2012 4198 Views 0 comment Print

Commissioner, VAT, Department of Trade and Taxes, Delhi has issued a circular CIRCULAR No 25 OF 2012-13 dated 14-12-2012 clarifying the taxability of set top boxes under Delhi VAT Act, 2004. It has been mentioned that set top boxes are being supplied by cable operators on lease basis against refundable securities.

Highlights of the Companies Bill, 2011 passed in Lok Sabha on 18.12.12

December 20, 2012 5273 Views 0 comment Print

The Bill has 470 clauses as against 658 Sections in the existing Companies Act, 1956. The entire bill has been divided into 29 chapters. Many new chapters have been introduced, viz., Registered Valuers (ch.17); Government companies (ch. 23); Companies to furnish information or statistics (ch. 25); Nidhis (ch. 26); National Company Law Tribunal & Appellate Tribunal (ch. 27); Special Courts (ch. 28).

An isolated transaction does not mean that it is not an adventure in nature of trade

December 19, 2012 5918 Views 0 comment Print

Normally where a transaction is undertaken by a person who is a businessman, the question as to whether investment in shares is an income from the line of business could be taken as adventure in the nature of trade and it should not pose a problem, since such transactions would be either incidental or ancillary to the business, although the transactions undertaken may not have a direct bearing to the business already undertaken by the assessee.

No Service Tax on Reimbursements Is Ultra Vires

December 18, 2012 7304 Views 0 comment Print

Service providers and professionals are aware that Service Tax is payable @ 12.36 percent on the value to taxable services which implies gross amount charged by the service provider for such service provided or agreed to be provided. However, where the consideration is not in money form, wholly or partly, value means money consideration plus money equivalent of consideration in kind. Also, consideration includes any amount that is payable for the taxable services provided.

Business income of trust eligible for Exemption U/s. 11 if it is incidental to its objects

December 18, 2012 6087 Views 0 comment Print

The assessee, a chamber of commerce and industry, in the course of pursuing its objects rendered several services, such as, certification, committee room services, secretarial services and facilities, energy audit, etc. to its members and non-members for a fee. It was registered under section 12A. From the assessment year 1996-97 up to the assessment year 2005-06, it was granted exemption under section 11.

Companies Bill approved by Lok Sabha with mandate on CSR spending

December 18, 2012 2572 Views 0 comment Print

Lok Sabha today passed the Companies Bill , with the government saying the aim is to protect interest of employees and small investors while encouraging firms to undertake social welfare voluntarily instead of imposing that through inspector raj. Replying to a debate before the bill was passed by a voice vote, Corporate Affairs Minister Sachin Pilot said through this new legislation, the government intends to make India an attractive and safe investment destination.

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