"t" for Tax

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

5,000 files stolen from Income Tax office!!

Do ever had a feeling that the IT department is stealing your hard-earned money with retrospective amendments this day?? Well we can't say if that is true or not but now there is someone who is even stealing the IT Departmnet!!
Read more on the story here... http://bit.ly/MLMtmA



Free samples to doctors to be now considered as taxable income

Doctors getting free samples of medicines, gifts or foreign trips from pharmaceutical or healthcare companies should now be prepared to pay tax as such freebies will be calculated as taxable income.

Similarly, drug makers and allied healthcare companies will also be no longer get tax exemptions on expenses for such promotional activities, according to a Central Board of Direct Taxes (CBDT) notification last week. It has also asked its officials to take "necessary action" to implement the guidelines.
There is a rampant practice of drug makers giving freebies to doctors in forms of gifts, sponsoring foreign trips and sight seeing in return for prescribing a particular company's brand of drug over its competitors. This expenditure is embedded in the cost of medicines and borne by consumers.

Last month, following a directive from the prime minister's office (PMO), department of pharmaceuticals held a meeting with representatives of the drug industry, Medical Council of India (MCI) and finance ministry to respond to allegations of violations of the guidelines by doctors. The rules are currently not applicable to pharmaceutical companies, but considered unethical. CBDT said it has to its notice about freebies being doled out illegally to doctors.

Gulhati said it was difficult to estimate the impact on earnings of companies because expenses on such tax deductable promotional activities are not separately disclosed. But according to chief of an Indian drug company, the drug industry spends about 5% of its revenues on such promotional activities.

Indian Drug Manufacturers' Association secretary general Daara Patel said the government needs to be flexible with its rules to ensure introduction of new drugs are not restricted. "Why will a doctor take sample of new medicines or simple medical instrument if he will be taxed for it?" He said that IDMA will take up the matter with department of pharmaceuticals and MCI to exempt drug samples or medical equipment for promotion of their brands.

According to Indian Income Tax Act, expenditure from the income is eligible for tax deduction if it is spend for promotion of business or profession. But since the amended guidelines of MCI of 2009 make such freebies and promotional activities illegal, this provision was no longer applicable in the pharmaceuticals and allied health care industry, the CBDT release said.

Yet to receive the Refund Cheque? Check status


Now you can check your refund status via desk procedure given in below link by the Income-tax department

“NULL” Error during uploading the XML file for e-filing ITR Return


This particular problem happens when there is slow internet connection or network congestion, as the XML is file is not read completely and henceforth it throws exception stating to upload proper XML.

Trying after sometime may resolve this problem.

Kindly follow the following steps:
Set the Internet Explorer security settings to Low. Go to Control Panel — Java — General — Settings Uncheck the “Keep Temporary Files on my computer” and click the “Delete Files” button and press OK. Close your existing browser and open a new browser and upload your xml file again. Moreover, use only IE or Chrome as your browser.

If the problem persist, kindly contact the ASK call center at ask@incometaxindia.gov.in.

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IRDA license not required for selling in India medical/accident insurance policies of foreign insurer which is operative and enforceable only outside India


Insurance : IRDA license not required for selling in India medical/accident insurance policies of foreign insurer which is operative and enforceable only outside India
• There is no indication of the intention of the legislature to give extra-territorial operation to the Insurance laws of India. The Indian laws do not apply to insurance business outside India.
• The business of Foreign Insurance Companies of covering risks incurred outside India, cannot be said to be insurance business in India (within the meaning of Insurance Act), even if the premium for such insurance is paid in/from India and Insurance Policy is issued in India.
• The essence of the business/contract of insurance is the coverage of risk and if the policies issued by the foreign insurer do not cover the risk as long as the insured remains in India, mere issuance thereof cannot be said to be carrying on insurance business in India. There cannot be said to be an insurance business only in effecting a contract which is contingent and is to be operative and enforceable not in India and only outside India.
• Without the contract being operative and enforceable in India, mere ministerial act of issuance of the contract in India cannot be said to be amounting to carrying on insurance business in India. - [2012] 21 taxmann.com 189 (Delhi)


Exchange Earner's Foreign Currency (EEFC) Account

RBI/2011-12/547
A. P. (DIR Series) Circular No. 124
May 10, 2012
To
AD Category I Authorised Dealer Banks
Madam/ Sir,

Exchange Earner's Foreign Currency (EEFC) Account

1.     Attention of Authorised Dealer Category - I (AD Category - I) banks is invited to A.P. (DIR Series) Circular No.15 dated November 30, 2006 in terms of which all foreign exchange earners were permitted to retain 100% of their forex earnings in EEFC account with any AD in India.

2.     On a review of the Scheme, it  has been decided as under :-
a)     50% of the balances in the EEFC accounts should be converted forthwith into rupee balances and credited to the rupee accounts as per the directions of the account holder. This process may be completed within a fortnight from the date of the circular and compliance reported to the Chief General Manager, Foreign Exchange Department, Central Office, Trade Division, Amar Building, Sir P.M. Road, Fort, Mumbai 400 001
b)    In respect of all future forex earnings, an exchange earner is eligible to retain 50% (as against the previous limit of 100%) in non-interest bearing EEFC accounts.  The balance 50% shall be surrendered for conversion to rupee balances.
c)     The facility of EEFC scheme is intended to enable exchange earners to save on conversion/transaction costs while undertaking forex transactions in future. This facility is not intended to enable exchange earners to maintain assets in  foreign currency, as India is still not fully convertible on Capital Account.  Accordingly, EEFC account holders henceforth will be permitted to access the forex market for purchasing foreign exchange only after utilising fully the available balances in the EEFC accounts.  ADs may, accordingly, obtain a declaration while selling foreign exchange to their constituents.

3.     It may be noted that the provisions at paragraph 2(b) and 2(c) above will apply, mutatis mutandis, also to holder of  either a Resident Foreign Currency  Account (RFC) or a Diamond Dollar Account (DDA).

4.     AD Category - I banks may bring the contents of this circular to the notice of their constituents and customers concerned.

5.     The directions contained in this circular have been issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law.

Yours faithfully,
(Rashmi Fauzdar)
Chief General Manager

Exam Notification ICWAI June 2012

http://exams.icwai.org/exams/students-examnot.asp


ICAI (Former ICWAI) has released it's notification for Foundation, Intermediate and Final examinations June 2012 attempt. The examinations will start from Monday, 12th June 2012 and will end on next Monday, 18th June 2012.


Click on the link to check out more!

http://exams.icwai.org/exams/students-examnot.asp


Probable date of publication of results are : Foundation – 2nd August 2012 and Inter & Final – 22nd August 2012


T4tax wishes all the best for the students appearing in the same.