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Net wealth not to include forfeited assets despite pendency of appeal on valuation date

September 24, 2012 1901 Views 0 comment Print

The Appellate Tribunal was right in law and facts in holding that the value of silver bars which stood confiscated under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 could not be added to the wealth of the assessee despite the fact that the confiscation order was subsequently set aside in appeal and the appeal was pending on the date of valuation.

Section 54F deduction if construction not completed but amount invested?

September 24, 2012 3521 Views 0 comment Print

The words mentioned in section 54F are that the amount should be invested in the construction of a residential house. Therefore, once the assessee having been invested total sale consideration into construction of a residential house, then it is not necessary that the residential house should have been completed within three years of the transfer of the original asset.

Unsolicited Phone calls – How to Register a Complaint?

September 23, 2012 4269 Views 0 comment Print

1.      If you receive any unsolicited commercial communications seven days after registration of your telephone number in the National Customer Preference Register (NCPR), you may register a complaint by: A. Dialling the toll free number 1909; or B. Sending an SMS to 1909 2.       It is important to note that: The complaint has to be registered […]

Rule 7 of Point of Taxation Rules, 2011 (Accounting Treatment)

September 23, 2012 23089 Views 0 comment Print

In view queries received on Rule 7 of the Point of Taxation Rules, 2011, regarding the Accounting Treatment under Reverse Charge, that if Service Receiver has not made the payment to the service provider within the period of six months from the date of Invoice, as prescribed under Rule 7 of Point of Taxation Rules.

How to Disclose Preliminary Expenses in Revised Schedule VI

September 22, 2012 215417 Views 15 comments Print

We receive lost of questions regarding disclosure of Preliminary Expenses in Balance Sheet as per Revised Schedule VI. Every one have different opinion on how to disclose the same in revised schedule VI. In our view Miscellaneous / Preliminary Expenditure should be disclosed as follows in revised schedule VI :-

Section 80-IB – Ceiling on commercial area not applies to projects approved before 01.4.05

September 22, 2012 2096 Views 0 comment Print

Section 80-IB(10) as amended by inserting clause (d) with effect from April 1, 2005 should be applied retrospectively is also without any merit, because, firstly, clause (d) is specifically inserted with effect from April 1, 2005

Section 194LC- Loan Agreements / Long Term Infrastructure Bonds & Interest Rate

September 21, 2012 7157 Views 0 comment Print

Loan Agreements / Long Term Infrastructure Bonds and Rate of Interest for the Purpose of Section 194LC of the Income-Tax Act, 1961 Approved; Interest Income of a Non-Resident Investor to be taxed at the reduced rate of 5 per cent instead of the existing rate of 20 per cent and withhold Tax on such Income to be also at the Reduced Rate of 5 per cent

Developer following percentage completion method entitled to deduction u/s. 80-IB(10)

September 21, 2012 3347 Views 0 comment Print

The assessee is following Percentage Completion Method. This method is recognised by the Income-tax Act for disclosing the profit in the case of a builder. The purpose of granting deduction u/s. 80IB(10) is to promote housing projects.

ITAT explains Concept of diversion of income by overriding title

September 21, 2012 18193 Views 0 comment Print

In determining whether there has been diversion of income by overriding title, it is the nature of the obligation which is the decisive fact. There is a difference between an amount which a person is obliged to apply out of this income and an amount which by the nature of the obligation cannot be said to be a part of the income of the assessee.

Income from trading in shares in regular manner, is income from business

September 21, 2012 1593 Views 0 comment Print

In the instant case, the assessee has made several transactions of purchase of shares during the relevant year. If there high volume, frequency and regularly of the activity carried on by the assessee is in a systematic manner, it would partake the character of business activities carried on by the assessee in shares, and it cannot be said that the assessee has merely made investment in shares.

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