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Pune ITAT – Portfolio management (PMS) fees deductible in computing capital gains ; Shares PMS transaction gains are Short Term Capital Gain and not business profits

June 13, 2011 6690 Views 0 comment Print

Pune Income Tax Appellate Tribunal on the issue of deductibility of portfolio management fees in computing ‘capital gains’ under the Indian Tax Laws (ITL) held that such fees was directly connected to the acquisition and sale of securities and was incurred in the normal course of the investment activity. It was held that the payments would be allowed as a deduction in computation of capital gains under the ITL.

In works contract between contractor & sub-contractors only one is liable to pay tax

June 13, 2011 28159 Views 0 comment Print

When works contract is sub-contracted there is only one taxable event and between main contractors and sub-contractor only one is liable to pay tax on the goods incorporated in the works contract. Herebelow this issue is discussed in the light of decision of Supreme Court and P&H High Court in the context of VAT provisions especially under Punjab VAT Act, 2005.

Transfer of intangible assets with right to carry on business is taxable as capital gains and not as business income

June 12, 2011 7528 Views 0 comment Print

Delhi High Court in the case of CIT v. M/s Mediworld Publications Pvt. Ltd ( ITA no 549 of 2011) held that transfer of intangible assets with right to carry on business was taxable as capital gains and not as business income.

How to file Financial Statements / Annual Returns with ROC in XBRL Form?

June 11, 2011 16715 Views 0 comment Print

Steps for filing financial statements in XBRL form in MCA21 system – Companies have the option to create their own XBRL documents in house or to engage a third party to convert their financial statements into XBRL form. The first step in creation of an instance document is to do tagging of the XBRL taxonomy elements with the various accounting heads in the books of accounts of the company. This would create the mapping of the taxonomy elements with the accounting heads so that the accounting information can be converted into XBRL form.

Know Provident Fund (PF) account details online from 1st July

June 10, 2011 21271 Views 22 comments Print

The Employees Provident Fund Organisation (EPFO) on Wednesday said account details would be available online from July 1. You can watch the account balance of your PF online from July 1, Assistant PF Commissioner Kanchan Roy said at an interactive session at Bengal National Chamber of Commerce and Industry.

CBDT Circular specifying monetary limits for filing appeals applies to pending appeals

June 10, 2011 1550 Views 0 comment Print

ITO vs. Laxmi Jewel Pvt Ltd (ITAT Mumbai)- As per Instruction No. 3 of 2011 dated 09.02.2011 appeal before appellate Tribunal can be filed where the tax effect exceeds the monitory limit of 3,00,000/-. However, considering the similar situation where tax limits were modified by the CBDT Instruction No. 5 of 2008 the Hon’ble jurisdictional High Court in the case of CIT vs. Madhukar K. Inamdar (HUF) (supra) held that the circular will be applicable to the cases pending before the court either for admission or for final disposal.

Clarification Regarding Participation by Shareholders or Directors in Meetings Under the Companies Act, 1956 Through Electronic Mode

June 10, 2011 1085 Views 0 comment Print

The Ministry of Corporate Affairs has clarified that – (i) It is not mandatory for companies to provide its directors, the facility to attend meetings through video conferencing. (ii) In respect of shareholders meetings to be held during financial year 2011-12, video conferencing facility for shareholders is optional. Thereafter, it is mandatory for all listed companies.

SBI Interest Rate for Income Tax, Gold & Silver Rates on April 1, 2011

June 10, 2011 3279 Views 0 comment Print

IT: Gold and Silver rates as on April 1, 2011 (Mumbai) : Standard Gold Rs. 20,775; Pure Gold Rs. 20,875; Silver Spot Rs. 56,900 : (Indian Express April 1, 2011). SBI lending rates are as follows—

Recommendation for increasing annual deposit limit in PPF to Rs. 100000 from existing Rs. 70000

June 9, 2011 5759 Views 0 comment Print

Committee for Comprehensive Review of NSSF Submits its Report to Union Finance Minister Recommends Discontinuation of Kisan Vikas Patra and Continuation of other Schemes with Suitable Modification(s); Recommends Reduction in the Maturity Period of Monthly Income Schemes and NSC. It also Recommends upward Revision of the Ceiling on Annual Subscription in PPF from Rs. 70,000 to Rs. 1 Lakh and Revision in Rate of Interest in Post Office Savings Account from 3.5% To 4% .

Reassessment proceedings u/s.147 read with 148 of the Act cannot be initiated merely based on the audit report

June 9, 2011 3526 Views 0 comment Print

CIT Versus The Simbhaoli Sugar Mills Limited (Delhi HC) Reassessment proceedings under Section 147 read with 148 of the Act cannot be initiated merely based on the audit report . An audit is principally intended for the purpose of satisfying the auditor with regard to sufficiency of rules and procedures prescribed for the purpose of securing an effective check on the assessment, collection and proper allocation of revenue. As per para (3) of the circular issued by the Board on July 28, 1960, also an audit department should not in any way substitute itself for the revenue authorities in the performance of their statutory duties.

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