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Check Your Bank Cheques

December 14, 2012 3708 Views 0 comment Print

The banking practice shall soon change for all of us when the new cheque regime comes into force w.e.f. January 1, 2013. India shall be migrating to new cheque truncation system, popularly called CTS with the objective of making inter-bank transactions and money related transactions faster, cheaper and safer.

Have you made nomination for your bank account?

December 13, 2012 21238 Views 0 comment Print

I recently read a news item on the referring to the answer given in the Parliament on the question of unclaimed money is lying with the Indian Banks as on December, 2011. It amounted to whopping sum of approx. Rs. 2481.39. I could not stop myself relating to the death of my friend’s family member who had missed on making nomination in his salary account.

Your car is stolen? Pray God the police never finds it!

December 13, 2012 4081 Views 3 comments Print

My friend’s wife was recently the victim of a chain snatching incident when she was out for an evening walk. Fortunately for her the gold chain around her neck broke and fell on the ground and the thief tried to escape without the chain. She raised an alarm and managed to get the thief nabbed with the assistance of the passersby. Her first reaction afterwards was to let bygones be bygones (since she clearly had not suffered any loss) and the thief had also been thrashed by the on lookers. But as a good citizen she decided to lodge an official police complaint.

The beauty of ‘Law of Amalgamation’

December 13, 2012 4451 Views 0 comment Print

Its known to all that the law of amalgamation, mergers & acquisition is little bit complicated and cumbersome. In this write-up an attempt is made to ease the law to reach the readers and to highlight the beauty of the relevant legal provisions.

Write up on definition of service

December 13, 2012 3182 Views 0 comment Print

Basically what the provisions of service tax contained in finance act 1994 lack was the definition of service. What the service actually is? Answer to this question has also became important because now all the services are being taxable except those which has been provided in negative list or are being specifically exempted by way […]

Rent Control Act applies only to bona fide letting out of properties & not to a colourable transaction

December 13, 2012 5486 Views 0 comment Print

The provisions of Rent Control Act can be applied only in case of bonafide letting out of properties and not in case of colourable transactions which are only an arrangement to reduce tax liability. In this case the company had let out the property to the daughter of the director who controlled the company and is responsible for taking all decisions Instead of letting out the property at market rate which is very high, the director had let out property to her daughter at a very low rent, obviously to reduce tax liabilities. Therefore, in our view, the provisions of Rent Control Act can not be applied to such arrangements.

Taxes or Surcharge Collected by Assessee from tenants will form part of Gross Rent

December 13, 2012 6557 Views 0 comment Print

Moment the commercial surcharge is recovered irrespective of the provisions of the agreement entered into by and between the landlord and tenant it immediately become exigible to tax as rental income from house property for agreement binds the parties thereto and it becomes irrelevant the moment it is found to be in conflict with legal provision on the subject.

CIT (A) cannot admit additional evidence without complying with Rule 46A

December 13, 2012 3225 Views 0 comment Print

The assessee’s prime grievance is the non-examination by the Assessing Officer of the material adduced before Commissioner (Appeals) for the first time. At the same time, there has been, without doubt, a clear violation of rule 46A. The question of consideration of the additional evidence/s by the Commissioner (Appeals) comes only subsequent to first qualifying for admission in terms of rule 46A, which is mandatory in nature.

Govt to slap fine on entities not depositing TDS on time

December 13, 2012 5749 Views 0 comment Print

The CBDT has taken serious view of non-filers (of tax deducted at source) and has incorporated a new section 234E in the Act which levies a fee of Rs 200 for everyday of delay and the system does not accept the TDS statement until the delay fee has been paid

Machinery kept ready for use, but no actually used are entitled to depreciation

December 13, 2012 5691 Views 0 comment Print

Some machinery and equipment relating to the construction of the projects were not actually put to use, though they were kept ready for use and this factual position is not in dispute.

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