Updates from TaxGuru 22.03.2010

Financial, Legal & Tax Updates from TaxGuru (in this message: 19 new items)



Power of acquirer to nominate its one director on board of directors consisting of ten directors does not result in giving any effective control

Posted: 21 Mar 2010 08:31 PM PDT

No acquirer shall acquire shares or voting rights which (taken together with shares or voting rights, if any, held by him or by persons acting in concert with him), entitle such acquirer to exercise fifteen per cent or more of the voting rights in a...

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Society not liable to deduct TDS on payments made to the truck owners who are also members of the society

Posted: 21 Mar 2010 08:26 PM PDT

The concept of sub-contract is intrinsically linked with section 194C(2); if there is no sub-contract then the person making payment is not liable to deduct tax at source even if payment is being made to a resident.

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Where consideration received by applicant-German company under a contract with Tamilnadu Government

Posted: 21 Mar 2010 08:22 PM PDT

The amount received by the applicant from the Government of Tamil Nadu under the contract is essentially in the nature of `fees for technical services' within the meaning of Explanation 2 to section 9(1)(vii) of the IT Act, 1961 read with Article...

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Commission paid to whole time working directors of company is allowable expenditure

Posted: 21 Mar 2010 08:16 PM PDT

Supreme Court in the case of Shahjada Nand & Sons v. CIT [1997] 108 ITR 358 in which the apex court held that commission paid to the employees is allowable and there is no need for any contractual obligation or extra services performed by the...

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Loss of non-eligible unit can not be set off against profit of eligible unit for calculation of deduction u/s. 10A

Posted: 21 Mar 2010 08:05 PM PDT

The deduction under section 10A is not an exemption but only a deduction under Chapter III of the Income-tax Act and the provisions of section 80AB of Chapter VIA would not be applicable to such deduction under section 10A, and also deduction under...

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Interest earned by co-operative credit society on surplus funds invested in short-term deposits with banks and in govt. securities not eligible for deduction u/s. section 80P

Posted: 21 Mar 2010 07:59 PM PDT

The words "the whole of the amount of profits and gains of business" in section 80P(2)(a) emphasise that the income in respect of which deduction is sought must constitute the operational income and not the other income which accrues to the Society.

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Service tax not applicable on sale component of consideration for photography service

Posted: 21 Mar 2010 07:51 PM PDT

The photography films, printing papers, chemicals and envelopes are the integral and essential ingredients to complete the process of photography. Meaning thereby, the components of sale of photography, developing and printing etc. are clearly...

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TDS not applicable when an advertising agency reimburses advertising charges to the accredited advertising agency for release of its advertisements in newspapers

Posted: 21 Mar 2010 07:49 PM PDT

Even on a close reading of the Circular makes it very clear that the term "advertising" has not been defined in the Act. During the course of the consideration of the Finance Bill, 1995, the Finance Minister clarified on the floor of the House that...

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Amount falling u/s. 44BB of Income Tax Act have been excluded from the purview of the royalty

Posted: 21 Mar 2010 10:08 AM PDT

Once Section 44BB is attracted, it is common ground that the computation has to be made in accordance with that provision and no other special provision, viz., Section 44DA or Section 115A would come into play in view of the fact that the payment is...

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Indo-US Treaty: Orientation towards business and inculcation of entrepreneurial outlook does not really amount to "making available" technical knowledge, experience or skills of experts of an American IC2 Institute

Posted: 21 Mar 2010 10:03 AM PDT

No income-tax is liable to be paid by IC2 Institute on the payments received by it from FICCI for implementation of India Innovative Growth Programme and FICCI is not required to deduct tax at source from such payment.

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Payment for VSAT/Transaction charges made by a Stock Broker to Stock Exchange is not fee for technical services u/s 194J

Posted: 21 Mar 2010 09:47 AM PDT

VSAT Charges ;- Members of the stock exchanges trade (purchase and sell) on behalf of their clients. As a part of infrastructure provided to the members a trading system, known as on screen trading is provided by stock exchanges. Such trading...

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Assessment made on the basis of time barred notice u/s 143(2) is not legal

Posted: 21 Mar 2010 09:42 AM PDT

Section 158BC(b) provides that where any search has been conducted u/s.132 or books of account, other documents or assets are requisitioned under section 132A, in the case of any person, then the Assessing Officer shall proceed to determine the...

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Computation of perquisite value as per the rule is based on the annual salary and not on the basis of salary from one employer

Posted: 21 Mar 2010 09:34 AM PDT

It has also been argued that while computing the perquisite value the salary from only one employer should be considered. We are however unable to accept the argument. The computation of perquisite value as per the rule is based on the annual salary...

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The VAT Forms under PVAT Act amended to provide for increase in rates and additional surcharge

Posted: 21 Mar 2010 05:20 AM PDT

The VAT forms i.e VAT 15 form has been updated in view of the change in the rate in the PVAT Act on schedule B goods from 4% to 5% and additional surcharge levied @ 10%. The next quarterly VAT Return under the PVAT Act 2005 is due to be filed in the...

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Mahindra Satyam seek Income Tax refund of Excess tax Paid on inflated profit in earlier years

Posted: 21 Mar 2010 05:13 AM PDT

Mahindra Satyam, which is in the process of restating the accounts of the last few years that preceded the major financial crisis, has reportedly written to the Ministries of Company Affairs and Finance to refund the huge taxes the company had paid...

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What is Pin code and How it is structured?

Posted: 21 Mar 2010 05:09 AM PDT

Postal Index Number (PIN) is a 6 digit code. There are 8 PIN regions in the country. The first digit indicates one of the regions. The first 2 digits together indicate the sub region or one of the postal circles. The first 3 digits together indicate...

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Us regulator taken action against Satyam auditors while ICAI yet to Act

Posted: 21 Mar 2010 05:05 AM PDT

While the Public Company Accounting Oversight Board (PCAOB), the regulator for auditors in the US, on March 16 barred Siva Prasad Pulavarthi and Chintapatla Ravindernath — senior executives with PricewaterhouseCoopers' associate Lovelock &...

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Download Compilation of Suggested Answers Professional Competence Course (PCC) – Financial Management

Posted: 21 Mar 2010 12:26 AM PDT

Compilation of Suggested Answers is a subject-wise compilation of answers to questions set in the Institute's examinations over a number of years. This compilation in the subject of "Financial Management" covers a period of three years – May, 2007...

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Reference Material on Bank Branch Audit for Financial Year 2009-2010

Posted: 21 Mar 2010 12:23 AM PDT

Download Reference Material on Bank Branch Audit (2009-2010)

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With Regards, 
CA Sandeep Kanoi 
Website: http://www.taxguru.in/ 
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