River Of Blogs
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NSDL revises format of Quarterly TDS/TCS statement
Quarterly TDS/TCS statement file format updated. Update file format available at download section (17/09/2012). Revised Formats can be downloaded from the following link :- https://www.tin-nsdl.com/etds-etcs/eTDS-steps.php
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File validation Utility (FVU) version 3.6 for FY 2010-11 onwards & version 2.133 for upto FY 2009-10
File validation Utility (FVU) version 3.6 for FY 2010-11 onwards and version 2.133 for upto FY 2009-10 released (17/09/2012). Key features of File Validation Utility (FVU) version 3.6 Import of challan file (.csi file): Import of challan file downloaded from the TIN website (Challan Status Inquiry)...
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44AB AUDIT PROVISIONS APPLICABILITY LIMIT
The44AB section stipulates that every person carrying on business or profession is required to get his accounts audited by a chartered accountant before the "specified date" and furnish by that date the report of such audit, if the total sales, turnover or gross receipts exceed Rs.60 lakhs in the case of business and gross receipts exceed Rs.15 lakhs in the case of...
Department must not take advantage of ignorance of assessee – HC
fficers of the Department must not take advantage of ignorance of an assessee as to his rights. It is one of their duties to assist a taxpayer in every reasonable way, particularly in the of claiming and securing reliefs and in this regard the officers should take the initiative in guiding a...
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TAX AUDIT LIMIT 44AB ENHANCED 60 LAKH TO 100 LAKH ,15LAKH TO 25 LAKH
Under the existing provisions of section 44AB, every person carrying on business is required to get his accounts audited if the total sales, turnover or gross receipts in the previous year exceed sixty lakh rupees. Similarly, a person carrying on a profession is required to get his accounts audited if the total sales, turnover or gross receipts in the previous year exceed...
No penalty for bona fide,inadvertent human error / Silly mistake – SC
The fact that the Tax Audit Report was filed along with the return and that it unequivocally stated that the provision for payment was not allowable under section 40A(7) of the Act indicates that the assessee made a computation error in its return of income. Apart from the fact that the assessee...
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AUDIT 44AB TURNOVER SALES GROSS RECEIPT MEANING
Sales, turnover, gross receipts
It will be noted that the provision relating to tax audit applies to every person carrying on business, if his total sales, turnover or gross receipts in business exceed Rs.60 lakhs and to a person carrying on a profession, if his gross receipts from profession exceed Rs.15 lakhs in any previous year. However, the term "sales", "turnover" or...
AUDIT 44AB BUSINESS PROFESSION MEANING
Section 44AB defines separate Limit for Business(60lakh) and Profession(15Lakhs) ,so it is essential to understand what is business and what is profession . Few point to resolve this issue has been given here under for your ready reference.
`Profession' and `business' explained
The term "business" is defined in section 2(13) of the Act, as under :-"Business" includes any trade,...
Valuation of perquisite in respect of Medical Facilities
1. Fixed medical allowance is always chargeable to tax. 2. The perquisite in respect of medical facility provided by an employer in the following hospitals/clinic is not chargeable to tax – a) Hospital owned/maintained by the employer. b) Hospital of Central Government/ State Government/ local...
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Interest on Home Loan on Self Occupied House –Tax benefits
If capital is borrowed for reconstruction, repairs or renewals of a house property), then the maximum amount of deduction on account of interest is Rs. 30,000 (and not Rs. 1,50,000).
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SEBI ALLOWED MORE EXPENSES TO MUTUAL FUNDS
Market regulator Sebi today notified wide-ranging reforms for mutual fund sector, which would provide incentives to fund houses for expanding to small cities but might result in additional costs for investors.
The changes, which would come into effect from next month, would require fund houses to make half-yearly financial results within one month of the end of every six-month period, Sebi...
Tax Audit – Section 44AB – Applicability, Due Date, Forms & Penalty
A person covered u/s 44AD is required to get his books of account compulsorily audited u/s 44AB if such person claims that the profits and gains from the business are lower than the profits and gains computed in accordance with the provisions of section 44AD(1) and if his income exceeds the maximum...
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Valuation of Rent Free unfurnished accomodation
In this article I’ll be discussing the valuation of a rent free unfurnished accommodation given to an employee as a perquisite. The term accommodation includes a flat, farm house (or part thereof) or accommodation in a hotel, motel, service apartment, guest house, caravan, mobile home, ship or...
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Valuation of rent free Furnished accommodation
In this article I’ll be discuss the valuation of a rent free furnished accommodation given to an employee as a perquisite. The valuation of a furnished accommodation (not being a hotel) is divided into 2 parts –
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PPF – Public Provident Fund – Popular Tax Saving Scheme
A number of money saving instruments has been floated in the market, which people may get confused as to what instrument they should buy. The [...]
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CBDT pursues FM for cadre review, promises additional 25K Crores revenue
Taxmen seek manpower, perks to mobilise Rs 25,000 cr extra revenue
Taxmen will mobilise an additional Rs 25,000 crore revenues each year in case government approves hiring 20,000 personnel afresh and recast existing pay and promotions structure for revenue officials to bring them on par with administrative, forest and foreign services.
The annual additional pay burden on the government due to this restructuring of income tax department would be Rs 400 crore that would be less than 2 percent of extra revenues to be mobilised.Top taxation officials and chief commissioners of income tax will moot this proposal before finance minister Palaniappan Chidambaram when they meet him on Monday(03/09/2012).
Chidambaram has a scheduled date with tax officials to review the first quarter performance of direct tax collections on September 3. Such review was held by Chidambaram with customs, excise and service tax officials last fortnight.“With restructuring of tax department, hiring new income tax officers (ITOs) and middle level personnel, we will be able to deliver better. And, we propose to bring this before finance minister” said a revenue department official on condition of anonymity.Tax officials will press for early consent to a proposal before union cabinet on restructuring of taxation department along with pay, promotions and bringing them on par with their IAS, IPS and IFS counterparts.Committee of secretaries led by cabinet secretary Ajit Kumar Seth that reviewed the proposal pending before the cabinet is yet to take a call in last three months.Chidambaram’s predecessor, Pranab Mukherjee had pushed for early cabinet clearance of taxation department restructuring but the ‘powerful IAS lobby’ in the secretaries’ panel effectively thwarted the proposal, revenue officials said.Revenue service officials alleged that it would take 37 years an IRS officer to attain secretary rank while IAS officers could reach there in 31 years. Interestingly enough, there is no revenue service officer in the rank of secretary out of 4192 officials. There is none even in rank of special secretary from revenue service.In comparison, there are 246 officers from IAS that enjoy the rank of secretary from a total 4423 officers.Comparative lower pay scales, grade and structuring of revenue service cadres have also become eye sore for the taxation officials.Revenue officials will seek intervention of P.Chidambaram to ‘get this anomaly’ corrected along with addition of 20,000 IT officials at lower levels. Out of this, revenue department thinks that just 1000 new revenue service officers would be required.With this, the taxation officials will be able to scrutinize at least two percent of tax returns as against one percent as on date. “With expanded workforce, this will be possible and additional revenue worth Rs 25,000 crore” said the official.Revenue department has made out a case for larger workforce pointing to the fact that direct taxes revenue has grown by seven times to Rs 4.46 lakh crore in 2010-11 as against a meager Rs 69,000 crore in 2001-02.But, in the meantime, the manpower has declined to 57,793 from 60,250 personnel in 2001.Nevertheless, the taxation department pulled all strings to mop up about Rs 500,000 crore in 2011-12 through direct taxes. For this financial year, the government has set a target of Rs 570,257 crore revenue mop up.Though the stagnation continues to bog the taxation department, the contribution of direct taxes to the government kitty went up to a staggering 65.98 percent in 2009-10 from 36.31 percent in 2000-01.Further, the scrutiny workload on the thinly spread taxation officials has moved up to 6.5 lakh in 2010-11 as against 2.17 lakh returns. Further, the income tax department has stretched itself to new areas like services, international taxation, tax deducted at source (TDS), internal audit, transfer pricing, large tax units (LTUs), criminal investigation cases, overseas tax units.Revenue officials are banking on promised additional revenue of Rs 25,000 crore could clinch the deal for them even if unwillingly by the government and opposition from their IAS counterparts.
Source : An article by Sri K.A. Badrinath, Published in mydigitalfc.com on 5.9.2012
Scrutiny Assessment:Can You Approach Higher Authority During Proceedings!
Scrutiny Assessment:Can You Approach Higher Authority During Proceedings!Reviewed by Admin on Sep 26.Rating: 5.0Scrutiny: How to Get Help of Higher Authority Legally !In scrutiny assessment, an assessee can approach legally to a Joint Commissioner or Addl.Commissioner for a direction to assessing officer on an issue.In case of scrutiny case under section 143(2) , many times [...]
Object which seeks to promote or protect interest of a particular trade or industry is object of public utility
The first reason assigned by the Director for denying registration to the assessee under section 12A was that the object of the assessee are not for the benefit of general public but for specific members viz., benefit of companies who are engaged in commercial activities to improve their production...
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No disallowance for non deduction of TDS on amount credited / Paid after receipt of Nil Rate Certificate
The dispute is for the sustenance of disallowance sustained under section 40(a)(ia) for the period from 13-7-2006 to 2-11-2006. From the certificate issued under section 197 relating to deduction of tax at source dated 3-11-2006, it is clear that the assessee was directed to make rent payment...
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Fees paid for education of staff’s children to schools promoted by assessee not allowable -SC
It was found from the assessment order for assessment year 1985-86 and from the order of Commissioner of Income-tax (Appeals) that the assessee had made payments to schools other than those promoted by it which fact has not been discussed either in the Order of ITAT or in the Order of the High...
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Assessee can claim cenvat credit on Bills of Mobile Phone given to staff
In this case, there is no dispute that even though the bill is in the name of company C/o employee’s name, the payment for the service has been made by the company only. I also find that the submission of the appellant that employee’s name was put for internal purpose is also reasonable...
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MVAT- Extension of due-date for registration, filing returns, Adm. Relief & paying tax for Builders / Developers
Trade Cir. No. 17T of 2012 You are well aware that Hon'ble Bombay High Court in case Maharashtra Chamber of Housing Industry (MCHI) has delivered a judgment and confirmed the levy of the tax in respect of sale of under construction flats etc. Thereafter, this office issued a Trade Circular cited at...
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MVAT – Clarifications on last point taxation of Furnishing Fabrics
The Hon'ble Deputy CM and Finance Minister in his Budget Speech on 26th March 2012, declared to levy tax on the sales of Furnishing Cloth at the last point of sale. To give effect to this declaration, the Government has issued above referred 4 notifications. As a result of issuance of notifications...
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ICAI invites application to act as Checker for Chartered Accountants Examinations
Examination Department of the Institute would like to avail the services of the members of the Institute (upto 15 years of Experience) to act as Checker for totaling etc. of marks awarded by examiner, other details are as under:
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MCA 21 2nd Cycle to Benefit Companies / LLPS Registered in India
The MCA21 is considered as one of the most successful mission mode project (MMP) having implemented many innovations viz. internet payments, credit card payment, electronic issuance of stamp paper (e-stamp), use of adobe e-forms, end-to-end electronic work flow and digital signature (DSC) based...
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e-TDS/TCS RPU (version 3.1) for statements from FY 2005-06 onwards
Key features of NSDL Return Preparation Utility (RPU) version 3.1 .. Aforementioned FVU version will be mandatory w.e.f October 16, 2012.
3. Import of challan file (.csi file): Import of challan file downloaded from the TIN website (Challan Status Inquiry) has been made mandatory at the time of...
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SEBI (Mutual Funds) (Second Amendment) Regulations, 2012
SEBI (MUTUAL FUNDS) (SECOND AMENDMENT) REGULATIONS, 2012 – Amendment in REGULATIONS 48 & 52 and Twelfth schedule, substitution of REGULATION 59 and insertion of REGULATION 51A NOTIFICATION No. LAD-NRO/GN/2012-13/17/21502, dated 26-9-2012 In exercise of the powers conferred under section...
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Trust can invest in debt instruments of Infrastructure Finance Companies registered with RBI
CBDT has vide Notification No. 40/2012 dated 20-9-2012 allowed charitable or religious trust or institution to invest in debt instruments issued by any infrastructure Finance Company registered with the Reserve Bank of India.
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Format of Tax Residency Certificate to avail DTAA / Treaty benefit notified
Government has now vide notification No. NOTIFICATION NO. 39/2012 [, DATED 17-9-2012 released the following forms which are applicable from 1st day of April, 2013 :- FORM No. 10FA - Application for Certificate of residence for the purposes of an...
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Every tax advantageous action or inaction cannot be treated as a colourable device
It is important to bear in mind uncontroverted claim of the assessee that there were sufficient reserves and surplus, which were eligible for distribution as 'dividend', and the NIPL had sufficient cash balances as well. The nature of amounts...
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NEW ACCOUNTING STANDARDS IN INCOME TAX ANNOUNCED SOON
From 2012-2013 onwards, companies may have to file their income-tax return as per the standards laid down by the Central Board of Direct Taxes (CBDT). The new standards will reduce the discretion which is currently available with the taxpayers under the standards prescribed by the Institute of Chartered Accountants of India (ICAI), thus bringing down chances of litigation with the tax...
Deduction u/s. 80-IA(4)(iv)(c) is available in respect of capital work-in-progress
The deduction under section 80-IA(4)(iv)(c) is allowed for a period of ten years. The dispute in the present appeal is as to whether assessment year 2005-06 should be the first year in which the deduction should be allowed. It was clarified at the...
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FDI – Allotment of Shares to person resident outside India under MoA of an Indian company – Pricing guidelines
It has been decided that in cases, where non-residents (including NRIs) make investment in an Indian company in compliance with the provisions of the Companies Act, 1956, by way of subscription to Memorandum of Association, such investments may be made at face value subject to their eligibility to...
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Section 40A(3) – Payment to milk producers in cash not disallowable
The economic problems of milk producers are such that the Parliament/CBDT felt it necessary to incorporate that milk producer should be free to receive payments in cash. Of course, such exclusion from the rigour of the provisions of section 40A(3),...
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Financial Restructuring of UCBs by RBI
The matter has been reviewed and it is advised that in partial modification of para 3 (v) of the circular, the Reserve Bank would, henceforth, consider financial restructuring proposals submitted by UCBs, involving conversion of deposits into equity / IPDI, even if the networth of the bank does not...
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Seminar on ‘Contemporary Issues on TDS’ at NADT
Deduction/Collection of direct tax at source plays one of the most crucial roles in mobilizing direct tax revenue. It is imperative to note that in the last year about 36% of total Direct Tax collection was made through TDS/TCS only. The TDS wing of the department registered an annual growth of...
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No criminal prosecution against a lawyer for mere non acceptance of his opinion -SC
Merely because his opinion may not be acceptable, he cannot be mulcted with the criminal prosecution, particularly, in the absence of tangible evidence that he associated with other conspirators. At the most, he may be liable for gross negligence or...
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No change of opinion if AO not examined or applied his mind on a particular issue-HC
There may be cases where the Assessing Officer does not and may not raise any written query but still the Assessing Officer in the first round/ original proceedings may have examined the subject matter, claim etc, because the aspect or question may...
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SEBI – Review of Margining with respect to Exchange Traded Funds (ETFs)
CIRCULAR No. MRD/DP/26/2012, dated 26-9-2012 1. This is further to the Risk Management framework for Cash Market specified by SEBI vide Circular No. MRD/DoP/SE/Cir-07/2005 dated February 23, 2005 and modification thereto. The following additional provisions are hereby incorporated in the said...
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Addition based on DVO report for insignificant difference not justified
In the absence of a finding rejecting the accounts of the assessee, the reference to the DVO could not have been made by the Assessing Officer in the first place. It is evident that the valuation in the instant case was uncritically accepted by...
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Depreciation allowable on leased assest which in substance is a purchase
Section 32 of the Act indeed entitles an assessee, who is the owner of a property, to depreciation. As we have already held, the arrangement between the lessor and the assessee was, in effect, an agreement of sale of the property by the lessor to...
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S. 14A applies to funds not directly attributable to either exempt or taxable income
Interest expenses directly attributable to tax exempt income as also directly attributable to taxable income, are required to be excluded from computation of common interest expenses to be allocated under rule 8D(2)(ii).
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SEBI fines CA for failing to respond to summons
Market regulator Sebi today imposed a penalty of Rs 6 lakh on Dilip S Mehta, owner of a chartered accountancy firm, for failing to respond to summons issued by it in relation to a probe into the affairs of erstwhile Bank of Rajasthan. The matter...
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Bank-Cracker: SBI Associate Banks Clerk Admit Card Download 2012
... details candidates will have to bring the Original admit card/Call Letter,Original Payment Receipt and Identity Proof such as passport /PAN Card/Driving Licence/Voter's Card/Bank Passbook with duly attested Photograph/Identity Card issued ...
Prevention of Money Laundering – Money Changing Activities – FEMA
RBI/2012-13/219 A. P. (DIR Series) Circular No. 33 September 24, 2012 To All Authorised Persons in Foreign Exchange Madam/Sir, Know Your Customer (KYC) norms/Anti-Money Laundering (AML) standards / Combating the Financing of Terrorism (CFT) Obligation of Authorised Persons under Prevention of Money...
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Import of gold in any form including jewellery – FEMA Clarification
Foreign Exchange Management Act, 1999-Import of gold in any form including jewellery made of gold/precious metals or / and studded with diamonds / semi precious / precious stones - clarification
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Advance Tax Quiz: Who is not Required to Pay Tax in Advance?
Advance Tax Quiz: Who is not Required to Pay Tax in Advance?Reviewed by Admin on Sep 25.Rating: 5.0Advance Tax Quiz for CA Students !This is unique quiz on tax issues specially for CA students and other readers also. The answer is……………. Senior Citizen from FY 2012-13 . Read the second half of this posting http://taxworry.com/section-54ec-sales-consideration-or-only-gains-should-be-invested/ Related [...]
Provisional Anti Dumping Duty imposed on Resin or other organic substances bonded wood or ligneous fibre boards
Notification No.43/2012-Customs (ADD) New Delhi, dated the 21st September, 2012 G.S.R. 710 (E). – Whereas in the matter of import of Resin or other organic substances bonded wood or ligneous fibre boards of thickness below 6mm, except insulation boards, laminated fibre boards and...
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Anti Dumping Duty on Paracetamol – Resurrection Again
Notification No.42 /2012-Customs (ADD) Central Government hereby makes the following amendment in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 99/2007-Customs, dated the 3rd September, 2007, published in the Gazette of India, Extraordinary,...
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