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Analysis of SC judgment in the case of Vodafone International Holdings B.V. Vs. UOI

January 23, 2012 8903 Views 0 comment Print

Vodafone International Holdings B.V. (VIHB), a Dutch based Vodafone entity, acquired a controlling stake in Hutchison Essar Limited [(HEL), now known as Vodafone Essar Limited VEL)], an Indian company, from Cayman Islands based Hutchison Telecommunications International Limited (HTIL) by acquiring shares of CGP Investment (CGP), a Cayman Islands company [which belonged to (HTIL)] in February 2007. CGP held various Mauritian companies, which in turn held a majority stake in HEL.

Same income cannot be taxed twice

January 23, 2012 12220 Views 0 comment Print

If Act authorizes a designated authority to collect tax for State, the same Act always permits the said authority to rectify any proceedings, which has resulted in double taxation. When the income of Rs. 4,28,750 has been assessed for the assessment year 2008-09, the assessment of the same amount for the impugned assessment year 2007-08 is a mistake apparent from the records. The assessing authority could have corrected it and if not, the Commissioner (Appeals) could have given a direction to rectify such a mistake apparent from the records. There is no great question of law involved in this.

Overview of Capital Gains

January 23, 2012 6783 Views 0 comment Print

Profits or gains arising from the transfer of a capital asset during the previous year are taxable as Capital Gains under section 45(1) of the Income Tax Act. The taxability of capital gains is in the year of transfer of the capital asset.

Overview of Income from House Property

January 23, 2012 10023 Views 0 comment Print

Under the Income Tax Act what is taxed under the head ‘Income from House Property’ is the inherent capacity of the property to earn income called the Annual Value of the property. The above is taxed in the hands of the owner of the property.

Depreciation Rates as per Companies Act,1956

January 19, 2012 781446 Views 147 comments Print

Section 205 of the Companies Act, 1956, prescribes the methods of charging depreciation. We are producing below the Rates of depreciation under the Companies Act as mentioned in Schedule XIV

CA Final November 2011, CPT December 2011 Examination- Topper List, Pass percentage, Result Analysis

January 19, 2012 36572 Views 0 comment Print

The toppers of Chartered Accountants Final Examinations held in November, 2011 are from Hyderabad, Nagpur, Bangalore, Kolkata and Jaipur. The details of the top three rank holders on all India basis for Chartered Accountants Final along with the marks secured by them are mentioned at Annexure-A. The toppers of Eastern & Central region are mentioned at Annexure-B. The result analysis of the Final examination in terms of pass percentage is mentioned at Annexure-C. The analysis of pass percentage of final examinations (since 2008) is mentioned at Annexure-X. The toppers of Common Proficiency Test (Paper-Pencil Mode) held on December 18, 2011 are from Vijayawada & Jaipur.

How to Fill PAN Form No. 49A

January 18, 2012 11166 Views 0 comment Print

The following persons should apply for allotment of PAN in Form 49A‑ Every person whose assessable income exceeds the maximum amount which is not chargeable to tax or any person carrying out business or profession whose total sales/turnover is likely to exceed Rs 5,00,000 in a year. A person who is required to furnish return under sub-section (4A) of section 139. An employer who is required to furnish return of fringe benefits tax. The Central Government has power to specify by notification any class or classes of persons by whom tax is payable under the Income-tax Act or any tax or duty is payable under any other law for the time being in force.

Assessment of Charitable Trusts and Institutions

January 15, 2012 28314 Views 0 comment Print

Article discusses about Structure of atx Authorities, Charitable Purpose, Charity, Advancement Of Any Other Object Of General Public Utility, Advancement Of Any Other Object Of General Public Utility, Assessment Of A Charitable Trust Or Institution, Forfeiture Of Exemption, Approval U/S 80G(5), Notification Under Section 10(23), Notification/Approval Under Section 10(23C), Notification Under Section 35(1)(ii)/(iii).

Direct Tax Code- Proposed Changes in Transfer pricing regulations

January 14, 2012 2213 Views 0 comment Print

The issue of transfer price affects various types of taxes. Under Custom Laws, special valuation branch examines the validity of the transaction value between associated enterprises. In Service Tax law, service tax has been imposed on import of service through reverse charge method and it is expected that Service Tax department would like to examine the value of services imported (or exported) to associated enterprises. In Income Tax, it is transfer price mechanism which takes care of this situation.

Brought Forward business Loss can not be set off against Capital Loss on sale of Depreciable Business Assets

January 12, 2012 2658 Views 0 comment Print

Nandi Steels Limited Vs The ACIT (ITAT Bangalore)- It is not in dispute that the land, building and bore well sold by the assessee were used by the assessee for its business purposes. It is also not disputed that these assets were fixed assets of the assessee. The only argument of the assessee has been that they have direct nexus with the business carried on by the assessee and therefore, are business assets and any gains from the sale of such assets would also have the character of business income.

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