"t" for Tax

For CA, CS and CWA professionals. Keep yourself updated with latest in the field of taxation.

Easy Exit scheme extended up to 30th April, 2011

General Circular No. 1/2011
F. No. 2/7/2010-CL V
Government of India

Ministry of Corporate Affairs

5 th Floor, 'A' Wing, Shastri Bhavan,
Dr. R.P. Road , New Delhi
Dated the 3 rd Feb, 2011
To
All Regional Director,
All Registrar of Companies.
Subject: Easy Exit Scheme, 2011
Sir,
In continuation to this Ministry's earlier circular no. 6/2010 dated 03.12.2010 on the subject cited above, it has been decided to extend the Scheme for another three months i.e. upto 30 th April, 2011.
2. All the terms of circular no. 6/2010 dated 03.12.2010 will remain the same.
Yours faithfully,
(Monika Gupta)

Assistant Director

ICSI - Schedule for the year 2011 with regard to various Cut-Off Dates

Particulars of cut-off Dates

Actual cut-off Date

Revised cut-off Date

Reason for Extension

Acceptance of Applications for Admission to Executive/ Professional  Programmes 

28.02.2011

No Change

  

Receipt of Enrollment application for appearing in June,2011 examination

25.03.2011

No Change

  

Acceptance of Applications for Admission to Foundation Programme

31.03.2011

No Change

  

Receipt of Enrollment application for appearing in June,2011 examination (with late fee)

09.04.2011

11.04.2011

9th April & 10th April  2011 are being Saturday & Sunday respectively

Acceptance of Applications for Admission to Executive/ Professional  Programmes

31.05.2011

No Change

  

Acceptance of Applications for Admission to Executive/ Professional  Programmes

31.08.2011

01.09.2011

31st August 2011 being holiday for Idu'l Fitr

Receipt of Enrollment application for appearing in Dec, 2011 examination

25.09.2011

26.09.2011

25th Sep 2011 being Sunday.

Acceptance of Applications for Admission to Foundation Programme

30.09.2011

01.10.2011

30th Sep, 2011 being Bank Holiday.

Receipt of Enrollment application for appearing in Dec, 2011 examination (with late fee)

10.10.2011

No Change

  

Acceptance of Applications for Admission to Executive/ Professional  Programmes

30.11.2011

No Change

  

CPC commences issue of refunds for AY 2010-11 returns.

Centralized Processing Center (CPC), Bangalore has begun processing of returns for AY 2010-11. As on 31/1/2011 it has processed over 31.3 lakh e-filed returns of AY 2010-11 in ITRs 1, 2, 3, 4 and issued refunds in over 8.3 lakh cases. The processing of ITR 5 and 6 has just been commenced.

Source: incometaxindiaefiling.gov.in

Online Submission of Rectification Request

Department introduces new facility for online submission of rectification request in cases where processing was completed by CPC Bangalore. Please review the guide for common errors to first rectify the return submitted and generate the rectification xml using excel utility (same utility is to be used). Taxpayer can log in My Account > Rectification > Rectification upload and follow instructions to upload the rectification xml file. The rectification request will be processed at CPC and if found acceptable, then a rectification order u/s154 will be issued.

Please see manual for submission of rectification request.


Please note that this facility is only for E-returns processed at CPC.

Near Final Indian Accounting Standards (IND ASs)


10 things to do before 31 March


1. If you are claiming deduction for house rent allowance on account of actual rent paid, collect the rent receipts from the owner and keep them in your possession.

2. If you received any gifts during the year, please collect the gift deeds. The deeds should clearly state that you received the gift without any consideration

3. In case you have changed employment during the financial year, you have to go back to your previous employer and collect the Form 16.

4. If you have donated to charitable trusts, obtain a receipt and also a certificate saying the trust is an approved one under Section 80G of the Income Tax Act, 1961.

5. Collect all your bank statements and TDS certificates, if any. This will help you calculate your earnings from bank interest and deposit advance tax if required

6. If you have a running home loan, you must collect the certificate of repayment of principal amount and the interest paid during the financial year from the bank

7. If you are claiming an interest-paid deduction on an educational loan, get a certificate of repayment made in the financial year where the interest is stated separately.

8. Keep all receipts for contributions made to schemes listed under Section 80C, such as insurance payment, PPF, ELSS, and children's tuition fees.

9. In case you are claiming a deduction for any medical disability under Section 80U, do not forget to collect a certificate of disability from an authorised doctor

10. If you are claiming deduction for payment of health insurance premium, you need to keep the premium receipt indicating that the premium was paid in cheque.

Case Laws applicable for May 2011 and November 2011 CA Final


TO RECEIVE SUCH LATEST CASE LAWS ON YOUR MOBILE PHONE FOR FREE, SEND ON TAXALERTS TO 9870807070.
 Direct Tax Cases

Indirect Tax Cases

In addition to this, students are also advised to go through the Institute's Journal, Newsletter and most importantly, RTPs for latest decisions and amendments. Note that only those amendments which are made 6 months before the examination are relevant for that particular attempt.


Send ON TAXALERTS to 9870807070 to receive free tax updates daily to your phone!

“Goodwill” is an “intangible asset” u/s 32(1)(ii) & eligible for depreciation

CIT vs. Hindustan Coca Cola Beverages Pvt Ltd (Delhi High Court)

The High Court, on hearing an appeal made by the assessee, has held that:
(iii)... any right obtained for carrying on business with effectiveness comes within the sweep of meaning of “intangible asset”. Goodwill, being the positive reputation built by a person over a period of time is of “similar nature” as the other items enumerated in the definition of “intangible assets".
Read full judgement here


Send ON TAXALERTS to 9870807070 to receive free tax updates daily to your phone!

A free service by Google Labs.

Timetable - ICSI June 2011

All the very best to all students appearing this time..!!


Send ON TAXALERTS to 9870807070 to receive free tax updates daily to your phone! A free service by Google Labs.

Gujarat VAT Forms

Download the Gujarat VAT forms for various purposes from here.
(The author of this post does not take any responsibility whatsoever regarding correctness or otherwise of these forms and their contents.)

Note:
To see the forms, you will need to have pdf reader installed in your system. You can download the Adobe Pdf Reader from here

30 FAQs on EES 2011

1. Under Easy Exit Scheme 2011, is it necessary to file the annual returns and get the company regularize?

Answer : Under the Easy Exit Scheme (EES) 2011, company need not require to regularize its filing of annual forms. On the contrary the scheme is designed for those companies which are in-operative or defunct and want to get rid of routine compliances pertaining to the Companies Act and other statutory legislations.

2. Is there any charge to close the company under EES 2011 ?

Check your IT Refund Status Online


Still waiting for the income tax refund after months of filing your tax return?

You can check your income tax refund status from the website of Tax Information Network (TIN) by Income

Tax Department powered by NSDL.

Click on the link below to check your IT Refund status with your PAN.



Send ON TAXALERTS to 9870807070 to receive free tax updates daily to your phone! A free service by Google Labs.

IT Dept releasing 3 new services on the e-filing portal

Income Tax Department is releasing 3 new services on it's e-filing portal. These services are being made available from the 'Services' menu on the Menu Bar on top. The said three services are available without requiring any login procedure also. The said three services are:

e-Filing Help Portal of the ICAI


The Institute of Chartered Accountants of India has introduced a separate web portal to provide assistance on e-filing.
Click here to open the portal.

ICAI Awards for Excellence in Financial Reporting


The Institute of Chartered Accountants of India has awarded seventeen companies/entities for Excellence in Financial Reporting for the year 2009-10. The said awards were presented by Shri Salman Khurshid, Minister of Corporate Affairs, on the inaugural day of a three-day conference organized by the Institute.


Following are the awardees:


Sector
Award
Organisation
Banking SectorGold ShieldHDFC Bank Ltd.
Silver ShieldICICI Bank Ltd.
Plaque for Commended Annual Report

Kotak Mahindra Bank Ltd.
Insurance SectorGold ShieldSBI Life Insurance Co. Ltd.
Silver ShieldBirla Sun Life Insurance Co.

Manufacturing Sector (Turnover Rs. 500 crore or more)

Gold ShieldDr. Reddy's Laboratories Ltd.
Silver ShieldTATA Chemicals Ltd.
Manufacturing Sector (Turnover less than Rs. 500 crore)

Gold ShieldNot given to anyone
Silver ShieldGanesh Polytex Limited
Service Sector (other than banking & insurance) (Turnover   Rs. 500 crore or more)

Gold ShieldTata Consultancy Services Ltd.
Silver ShieldPersistent Systems Ltd. &
Infrastructure Development Finance Company Limited (Jointly)
Service Sector (Turnover less than 500 crore

Gold ShieldNucleus Software Exports Ltd
Silver ShieldInfo Edge (India) Limited
Not-for- Profit Sector




Local Bodies
Gold ShieldThe Akshaya Patra Foundation
Silver Shield


Plaque for Commended Annual Report
Vidya Dairy


Surat Municipal Corporation

Professional Referencer

Have all the important links at one place!


INCOME TAX LINKS
EXCISE
COMPANY LAW
NBFC
FDI Policy
ACCOUNTING STANDARDS(AS)
Audit and Acc - Misc.
Other Misc.


Send ON TAXALERTS to 9870807070 to receive free tax updates daily to your phone! A free service by Google Labs.

Forms for CA, CS, CWA



Amount transferred from Revaluation Reserve includible u/s 115JB: Supreme Court

Amount withdrawn from revaluation reserve & credited to P&L A/c cannot be reduced from book profit even if in year of creation of reserve, the P&L A/c was not debited

In AY 2000-01 the assessee revalued its fixed assets by Rs. 288.58 crores and credited the said sum to the revaluation reserve. In AY 2001-02, the assessee debited Rs.127.57 crores towards depreciation and in accordance with Accounting Standard AS-10 & AS-6 transferred Rs. 26.11 crores from revaluation reserve & set it off against the depreciation resulting in a net depreciation charge of Rs.101.45 crores. In computing the book profits u/s 115JB, the assessee claimed that the amount of Rs. 26.11 crores transferred from the reserves had to be excluded and the depreciation charge had to be considered at Rs. 127.57 crores*. The AO, CIT (A), Tribunal & High Court rejected the claim of the assessee.

On appeal to the Supreme Court, HELD dismissing the appeal:

(i) The assessee’s argument that as the creation of the revaluation reserve was not debited to the P&L A/c, the withdrawal from the reserve should be excluded from the P&L A/c in terms of clause (i) of the Explanation to s. 115JB(2) read with the Proviso is not acceptable because had the assessee deducted the full depreciation from the profit before depreciation in AY 2001-02 it would have shown a loss and could not have paid the dividends. Therefore, the assessee credited the amount to the extent of the additional depreciation from the revaluation reserve to present a more healthy balance sheet to its shareholders enabling the assessee possibly to pay out a good dividend. It is precisely to tax these kinds of companies that MAT provisions had been introduced. The object of MAT provisions is to bring out the real profit of the companies. The thrust is to find out the real working results of the company. Thus, the reduction sought by the assessee under clause (i) to the Explanation to s. 115JB(2) in respect of depreciation has been rightly rejected by the AO;

(ii) Further, clause (i) of the Explanation to s. 115JB(2) permits the net profit to be reduced by the amount withdrawn from reserves only if in the year of creation of the reserves, the book profits had been increased. As in the year of creation of the reserves (AY 2000-01), the amount of Rs.288.58 crores or Rs.26.11 crores had not gone to increase the book profits there is no question of reducing the amount transferred from such revaluation reserves to the P & L Account. The argument that creation of the reserve did not impact the profits of that year is also not acceptable because though the profit was not impacted, depreciation was impacted and by the inter play of the balance sheet items with P&L A/c the assessee had projected a loss of Rs.7.38 crores (before transfer from reserves) as profit of Rs.18.73 crores.

Important Partnership Deeds

Formats of forms for Formation/Dissolution/Change in constitution:

Income Tax Return Forms (A.Y. 2010-11)

Download the Income Tax Return forms and blank acknowledgement for the assessment year 2010-2011 (Financial Year 2009-10)

Note:
The forms below are in pdf format. To see those forms, you will need to have pdf reader installed in your system. You can download the Adobe Pdf Reader from here.

SARAL - II (ITR-1)
For Individuals having Income from Salary / Pension / Income from One House Property (excluding loss brought forward from previous years) / Income from Other Sources (Excluding Winning from Lottery and Income from Race Horses.
For Individuals and HUFs not having Income from Business or Profession
For Individuals/HUFs being partners in firms and not carrying out business or profession under any proprietorship
For individuals & HUFs having income from a proprietary business or profession
For firms, AOPs and BOIs
For Companies other than companies claiming exemption under section 11
For persons including companies required to furnish return under section 139(4A) or section 139(4B) or section 139(4C) or section 139(4D)
Where the data of the Return of Income in Forms Saral-II (ITR-1), ITR-2, ITR-3, ITR-4, ITR-5 & ITR-6 transmitted electronically without digital signature.
Acknowledgement for e-Return and non e-Return


Note: The author of this blog does not take any responsibility whatsoever regarding correctness or otherwise of these forms and their contents.

IFRS Convergence in India

The International Financial Reporting Standards (IFRS), as all we know, is posed as the global language of accountancy which is aimed to make the comparison and interpretation of financial statements across the world easier. (Mind you, only comparison will be simpler, LOL). This, however, is only possible if all the major countries prefer the IFRS reporting. Till now, more than 100 countries over the world have adopted the IFRS as their generally accepted standards of accounting and that number is only increasing with time.


India:
 

India has also committed itself at the G-20 to make it's companies IFRS compliant from April 1st, 2011. Now, there are two ways to make the reporting structure of a country IFRS compliant. Either you adopt the IFRS in their entirety, or you converge your local standards in lines with the IFRS. The India has adopted the latter.

Convergence Vs. Adoption:

It means, India has not adopted the IFRS in full but it is revising it's Accounting Standards (AS) to get them in line with the international reporting standards. The premier standard setting body in India is the Institute of Chartered Accountants of India (ICAI) which has already issued the "Exposure Drafts of Converged Accounting Standards". They can be read here

The perceived reason by many for why India has not adopted the IFRS in it's original form is the concerns of India over some critical issues in the original standards. Indian Government and the Industry feel that it would not be possible to implement IFRS as they are in some areas like agricultural accounting, foreign exchange transactions, pension accounting etc. Therefore, India has preferred the convergence road-map. The final destination seems to be full adoption but it will take some time after once the businesses of the country get used to converged standards.

The Road-map for Convergence in India:

Road-map for convergence in respect of Companies other than Banking Companies, Insurance Companies and NBFCs

Phase-I
Conversion of opening balance sheets as at April 1, 2011, if the financial year commences on or after April 1, 2011:

  • Companies which are part of NSE - Nifty 50
  • Companies which are part of BSE - Sensex 30
  • Companies whose shares or other securities are listeon stock exchanges outside India
  • Companies, whether listed or not, which have a net worth in excess of Rs.1,000 crore
Companies covered in Phase I will prepare their financial statements for 2011 - 12 in accordance with converged Accounting Standards, but will show previous years’ figures as per the financial statements for 2010 - 11 i.e. as per non-converged Accounting Standards. However, the entity shall have the option to add an additional column to indicate what these figures could have been if converged Accounting Standards had been applied in that previous year.

Phase-II
Conversion of opening balance sheets as at April 1, 2013, if the financial year commences on or after April 1, 2013
  • The companies, whether listed or not, having a net worth exceeding Rs. 500 crore but not exceeding Rs. 1,000 crore.

Phase-III
Conversion of opening balance sheets as at April 1, 2014, if the financial year commences on or after April 1, 2014
  • Listed companies which have a net worth of Rs. 500 crore or less
Non-listed companies which have a net worth of Rs. 500 crore or less and whose shares or other securities are not listed on Stock Exchanges outside India and Small and Medium Companies (SMCs) will not be required to follow the notified Accounting Standards which are converged with the IFRS (though they may voluntarily opt to do so) but need to follow only the notified Accounting Standards which are not converged with the IFRS.

While the Insurance, Banking and NBF Companies are given some relaxation for now, they will also have to adopt the converged IFRS over the time in phased manner. Meanwhile, if you do have some comments on the above write-up, or want to share your views on the topic, please feel free to share the same here.

Thanks for your reading,

Reagrds
Parth Dave