attractions.
************"LEADERS ARE THE READERS,READERS ARE THE LEADERS*************
************"LEADERS ARE THE READERS,READERS ARE THE LEADERS*************
OTC. A security which is not traded on an exchange, usually due to an
inability to meet listing requirements. For such securities, broker/dealers
negotiate directly with one another over computer networks and by phone,
and their activities are monitored by the NASD. OTC stocks are usually very
risky since they are the stocks that are not considered large or stable
enough to trade on a major exchange. They also tend to trade infrequently,
making the bid-ask spread larger. Also, research about these stocks is more
difficult to obtain. also called unlisted.
************"LEADERS ARE THE READERS,READERS ARE THE LEADERS*************
My approach works not by making valid predictions but by allowing me to
correct false ones. - George Soros
************"LEADERS ARE THE READERS,READERS ARE THE LEADERS*************
************"LEADERS ARE THE READERS,READERS ARE THE LEADERS*************
************"LEADERS ARE THE READERS,READERS ARE THE LEADERS*************
A standardized, transferable, exchange-traded contract that requires
delivery of a commodity, bond, currency, or stock index, at a specified
price, on a specified future date. Unlike options, futures convey an
obligation to buy. The risk to the holder is unlimited, and because the
payoff pattern is symmetrical, the risk to the seller is unlimited as well.
Dollars lost and gained by each party on a futures contract are equal and
opposite. In other words, futures trading is a zero-sum game. Futures
contracts are forward contracts, meaning they represent a pledge to make a
certain transaction at a future date. The exchange of assets occurs on the
date specified in the contract. Futures are distinguished from generic
forward contracts in that they contain standardized terms, trade on a
formal exchange, are regulated by overseeing agencies, and are guaranteed
by clearinghouses. Also, in order to insure that payment will occur,
futures have a margin requirement that must be settled daily. Finally, by
making an offsetting trade, taking delivery of goods, or arranging for an
exchange of goods, futures contracts can be closed. Hedgers often trade
futures for the purpose of keeping price risk in check. also called
futures.
************"LEADERS ARE THE READERS,READERS ARE THE LEADERS*************
************"LEADERS ARE THE READERS,READERS ARE THE LEADERS*************
************"LEADERS ARE THE READERS,READERS ARE THE LEADERS*************
************"LEADERS ARE THE READERS,READERS ARE THE LEADERS*************
satbir singh
PRESIDENT
JAB WE MET CA
REDEFINING PROFSSINALISM....
************"LEADERS ARE THE READERS,READERS ARE THE LEADERS*************
Prior period expenses
IN A recent ruling, the Delhi high court had an occasion to deal with the tax treatment of prior period expenditure. The court held that the question as to the year in which a deduction is allowable may be material when the rate of tax chargeable is different in different years. The court opined that where tax is levied at a uniform rate, it is immaterial whether the deduction is allowed in one assessment year or another. The tax department is not at loss in any event. The high court also observed that the tax department should restrain itself from raising points which do not affect the taxability of the assessee or the tax that the Department is likely to collect from the assessee in one year or other
Freedom is not a Right but a Feeling!
Let's be proud to feel the Freedom!
Let's say loud we are INDIANS!!!
Let all of us get to-gather &
Let's Celebrate Our Freedom!
It is our duty to preserve this Freedom!
Carry this forward to the future!
We did,We do,We will do!!!
Set the celebration on Air, Share your Joy,
Vande Mataram!
Jai Hind
SATBIR SINGH
PRESIDENT JAB WE MET CA
REDEFINING PROFESSIONALISM.......
************"LEADERS ARE THE READERS,READERS ARE THE LEADERS*************
SATBIR SINGH
************"LEADERS ARE THE READERS,READERS ARE THE LEADERS*************
OH GOD! HELP ME
Marina’s husband had just passed away to a terminal illness. Their savings had been spent to the last penny in trying to save him. She had a fourteen year old daughter and an eleven year old son. Marina’s world had just crumbled to bits. She had no work experience; she was totally a home-bird.Friends and relatives came to console her. Most of them offered, “If there is anything that we can do to help, do let us know”; “You are not alone, we will stand by you.”....A month later, Marina requested one of these friends to help her get a job as a receptionist at a local school. The friend said, “Actually Marina, they really won’t listen to anyone. I would have spoken to the Principal for you, but she is just not the obliging type....”A week later Marina applied for a job as a salesgirl, in a women’s garments store and asked a relative to put in a word for her. “You see Marina, the owner is my friend no doubt, but you are really not the type, I mean, you have to have a certain personality to look after such a job; but if there is anything else, I’m always willing to help.” This went on.... hollow words, meaningless endearments and lame excuses.Till one night, Marina broke down. The next instalment for the school fees of her children was due in a fortnight. The house rent was grossly overdue. Her expenses seemed to soar whereas her resources dwindled. She cried her heart out and prayed, “Oh God! Why did you do this to us? How shall I tend to my children? Please help me for I am absolutely alone.” She cried herself to sleep. In her dream she saw God smiling at her and blessing her.The next morning she found an advertisement in the newspaper for a walk-in-interview to fill the post of a warden for a Boarding school. She walked into the interview room with the confidence that stems only from God’s presence in you. She was offered the job, provided she could move into a residence at the hostel premises, for the warden was supposed to be present all day. The school provided free education to the wards of their employees! The school mess would also provide free meals to her wards and herself. With one stroke, all her problems were solved!
It is only God who stands by His words, when He asks you to surrender your problems to Him and forget about them. But, if you continue to worry about them, He does not take over. To surrender means, to turn your thoughts away from all your problems and leave everything into His hands saying, “Lord, Thy will be done.”When at last you realize that God is all you have left; it is then that you realize that God is all that you really needed!In one discourse Baba said, “Sometimes you feel that disasters increase instead of diminishing! Don’t get agitated. Close your eyes and tell me with faith, “Thy will be done. Thou think of it.” And when you thus speak I even accomplish a miracle when necessary. I always think of you, but I can only help you completely when you rely fully on Me.”
SANJAY TANDON
Service Tax - Nithyananda Electronics Versus Commissioner Of Central Excise Mangalore = 2008
Date of Decision: February 4, 2008 - CESTAT, BANGALORECommissioner (Appeals) rejected the refund claim & confirmed Order-in-Original on ground that the assessee is carrying on the business of marketing & distribution on behalf of M/s. Zee Turner in terms of their Distribution Agreement - appellants not produced OIO as well as the Agreement with M/s. Zee Turner even after giving sufficient opportunities – hence appeal cannot be heard - appeal is rejected granting liberty to the appellants to seek restoration after producing the same
Service Tax - TNS INDIA PVT. LTD. Versus COMMISSIONER OF CENTRAL EXCISE BANGALORE = 2008
Date of Decision: February 4, 2008 - CESTAT, BANGALOREViolation of Principles of Natural Justice – remand order of commissioner is under challenge - terms of reference for remand is beyond the terms of the Show Cause Notice - aspect pertaining to limitation is also not considered - citations relied upon by appelalnts have not been examined – Commissioner (Appeals) shall deal with all the grounds raised by the appellants - appeal is allowed by way of remand to the Commissioner (Appeals) for fresh hearing
Service Tax - Wiptech Peripherals Pvt. Ltd. Versus CCE Rajkot = 2008
Date of Decision: June 27, 2008 - CESTAT AHMEDABADInput credit of service tax denied on the ground that the service tax paid on cell-phone, land-line, courier service cannot be held to be input service for the output service “maintenance & repairs” – held that service tax paid on cell phones or land-lines used in connection with output services is available as credit - some of the cell phones in the name of individuals were not established that they were used in relation to the output services – matter remanded to verify above aspect
Service Tax - Sundaram Brake Linings Ltd. Versus CCE Chennai = 2008
Date of Decision: February 6, 2008 - CESTAT CHENNAIWhether service tax is leviable in the category of “Consulting Engineer’s Service” on the technical know-how fee paid by the appellants to their foreign collaborators for the period 28.2.99 to 31.3.03 - issue is no longer res integra as it stands settled in favour of the assessee by a line of decisions of this Tribunal - Following the consistent view taken by this Tribunal, I set aside the impugned order, wherein tax was demanded in respect of transfer of technical know-how for above period
Service Tax - M/s Industrial Security Agency Versus CCE, Allahabad = 2008
Date of Decision: May 12, 2008 - CESTAT NEW DELHI“Security Agency” service - failure to pay the tax - Commissioner (Appeals) upheld penalty u/s 77 but imposed penalty u/s 76 & 78 by modifying the OIO - appellant was under bonafide belief that it was liable to pay Service Tax only on receipt of the amount from the recipient – impugned order of commissioner (A) is modified further – held that penalty of Rs.1 lac u/s 76 and Rs.1,000 u/s 77 are justified – but penalty u/s 78 is not justified - appeal stands allowed partly
Service Tax - M/s Kurele Industries Versus CCE, Kanpur = 2008
Date of Decision: May 27, 2008 - CESTAT, NEW DELHIDemand - Clearing and Forwarding Agent - During the pendency of the matter before the Commissioner (Appeals), CCE revised Adjudication order & enhanced penalty - Commissioner (Appeals) held that the Appellants are “Commission Agent” not “C/F Agent”, so demand is not sustainable - order of the Commissioner (Appeals) was not challenged by the Revenue before the Appellate Authority - As the demand is not sustainable, enhancement of penalty by the Revision order is also not maintainable
Service Tax - CCE, Allahabad Versus M/s New Govindgarh Steel = 2008
Date of Decision: May 27, 2008 - CESTAT NEW DELHITransportation of goods by road - delay in payment of tax – non-submission of return within the stipulated period - out of penalty imposed u/s 76 & 77, commissioner set aside penalty u/s 77 - Revenue submits that waiver of penalty under Section 77 of the Act is ultra wires – commissioner has dropped penalty u/s 77 only after considering the facts and circumstances of the case, so contention of revenue is not correct - appeal filed by the Revenue is rejected
Central Excise - STRIDES RESEARCH & SPECIALITY CHEM. LTD. Versus C.C.E., MANGALORE = 2008
Date of Decision: June 14, 2007 - CESTAT, BANGALORECenvat credit - Mere for the reason that dealer mentioned incorrect address of appellant factory in invoice, it can’t be said that appellant availed credit irregularly – moreover, dealer has addressed a letter to appellant-assessee that by mistake he put incorrect address in invoice - there is sufficient record to establish that credit had not been availed irregularly – credit not deniable
====================
Income Tax - Geoconsult ZT GmbH = 2008
Date of Decision: August 5, 2008 - AUTHORITY FOR ADVANCE RULINGS
Applicant a foreign company has entered into a JV with two Indian companies. Applicant is providing consulting services in Himachal Pradesh from Austria and for the purpose of coordinate, an engineer was deputed to visit sites in HP - held that the income of applicant is taxable in the capacity of Association of Persons (AOP)
Income Tax - RAJENDRA PRASAD BORAH Versus INCOME-TAX APPELLATE TRIBUNAL AND OTHERS = 2008
Date of Decision: April 3, 2008 - GAUHATI HIGH COURT Tribunal by the impugned order dismissed the appeals solely on the ground that the appellant-assessee had failed to appear before it on the date fixed for hearing – even if the appellant-assessee was absent before the Tribunal, the only course open to it was to dispose of the appeal on the merits - impugned order of the learned Tribunal is interfered with and is quashed
Income Tax - COMMISSIONER OF INCOME-TAX Versus GURUVIJAYA KURI CO. LTD. = 2008
Date of Decision: January 21, 2008 - KERALA HIGH COURT
Penalty u/s 271 - assessee derived income from chitty business & showed credit balance in balance-sheet in respect of kuries terminated during 1977 to 1983 – AO opined that amount of auction discounts forgone by defaulter subscribers was income of assessee – assessee failed to offer any explanation – assessee was aware that impugned amount didn’t represent liability – burden is not on department to prove concealment - penalty is justified for concealment of income
Income Tax - COMMISSIONER OF INCOME-TAX Versus RAVINDRA PLATINUM P. LTD. = 2008
Date of Decision: May 13, 2008 - RAJASTHAN HIGH COURTBusiness expenditure – assessee was not required to pay to Govt. the sales tax collected by it under Tax Deferment Scheme – during this interregnum the amount of sales tax collected was deemed to have been actually collected by Govt and disbursed as loan to assessee – assessee had certificate issued, showing that certain amount of tax collected had been converted into loan, hence assessee is entitled to deduction, as the sum was to be treated as paid for purpose of section 43B
BE POSITIVE
Father : "I want you to marry a girl of my choice"
Son : "I will choose my own bride!"
Father : "But the girl is Bill Gates's daughter."
Son : "Well, in that case...ok"
Next - Father approaches Bill Gates.
Father : "I have a husband for your daughter."
Bill Gates : "But my daughter is too young to marry!"
Father : "But this young man is a vice-president of the World Bank."
Bill Gates : "Ah, in that case...ok" Finally Father goes to see the president of the World Bank. Father : "I have a young man to be recommended as a vice-president."
President : "But I already have more vice- presidents than I need!"
Father : "But this young man is Bill Gates's son-in-law."
President : "Ah, in that case...ok" This is how business is done!!
Moral: Even If you have nothing,You can get Anything. But your attitude should be positive
Think +++++++ve
by DIVYA
MEMEBR JAB WE MET CA
BALD HEADED
There was tension in the air as mother stood behind her daughter’s chair in the dinning room. Today’s menu for lunch was jackfruit and curd with Roti. The little girl had her eyes and her plate full. She refused to eat the jackfruit. Mother was equally adamant. She would have to eat it! There was no way that mother was going to let the girl leave the table without eating the much detested vegetable. How else would she learn to eat all kinds of vegetables? The father had promised his wife that he would let her take the forefront when it came to discipline, so he watched in silence. Grandma looked disgusted at the attitude of the mother. The tension was unnerving.The poor child looked at the revolting mass in her plate and felt that if she ate it, she would definitely throw up. Suddenly she said, “Okay, if I eat it, will you grant me a wish?” Father grabbed the opportunity to resolve the situation and said quickly, “Yes honey, whatever you say. Just finish it fast and tell me what you want. I’ll get it for you.” The girl said, “It may not be a ‘thing’. It may be something else.” Father said, “Don’t worry; I’ve given you my promise. Now gobble it up.” The girl put a spoonful of jackfruit into her mouth and made a face as if she was tasting poison. The mother said, “See that you don’t go overboard in asking for a wish. After all, it’s just a bowl of jackfruit. It’s not such a big deal after all!”The girl ate it all up, washed it down with a whole glass of water and then said quickly, “I want to get my head shaved!”Mother’s spoon fell from her hand, with a clatter and grandma almost fainted. “What rubbish! That’s impossible; don’t even dream about it. Silly girl!” said mother. For once Grandma seemed to see eye to eye with her daughter in law but chose to keep silent. Father said, “Look my child, this is quite a ridiculous thing to ask for; be reasonable and I shall surely let you have your way.” But the girl was adamant. “Daddy you promised me. You gave me your word. It was a bargain.” Daddy said, “But darling you shall look obnoxious. Why don’t we buy you a nice Barbie doll instead?” “But I don’t want a doll; I just want to get my head shaved. You have always taught me about the value of honouring your word, what about that now? You are going back on your word. It’s so unfair!” she said in a trembling voice.Looking at the little girl’s tear filled eyes, Daddy’s heart melted, although he could not make out head or tail of why she wanted to do such a weird thing. He said, “She has done her part. If we do not honour our word, she will never learn to honour hers. And how does it matter anyway? Its just hair! It will grow back. What’s the big deal about it?” Mother said, “Who ever heard of a girl getting her head shaved? I will not allow it.” Father stood his ground. “No,” he said. “You had your way; now don’t be unfair to her and stop making a fuss!”Father took the girl to the barber and got the job done. Later in the evening, he took her to the park to play as he did every evening. A short while later a boy came to the park. Father was surprised to note that the boy too had no hair on his head. He did not understand, was this the latest fashion or what? Just then a lady, apparently the bald boy’s mother came up to him and said, “You have quite a daughter. She promised my son that she would get her head shaved, so that the other children at the park would not jeer at him. But I never thought she would actually live up to it.”The man was even more confused now, “But, why did your son have to get his head shaved?” he asked. She tried to smile bravely and said, “Oh no! My son did not have to get his head shaved. You see he has leukaemia. During the chemotherapy he lost all his hair and was refusing to come out of the house. He was afraid that the other children would make fun of him. But your daughter coaxed him on the phone to come today, saying that she too would come with her head shaved to make sure that no body laughed at him!”That is love! Pure and simple! No strings attached! Truly, the most precious things in life can not be made or bought, they are gifted to us by God; we just have to realize how precious they are.
SANJAY TANDON
CONITNUED FROM YESTARDAY......
SUCCESSFUL INVESTORS
To be successful, investors needed to do just a few
things well. One was investing only in companies that were within their
circle of competence.
GOOD ECONOMIST
“to be a good investor,one also needs to be a good economist.”
MEASURING STICK
“In Williams theory we have to decide what Should be the discount rate? Accoring to William his readers could determine for themselves what would be appropriate. But Buffett’s measuring stick is very straightforward: He uses either the interest rate for long term (meaning ten-year) U.S. bonds, or when interest rates are very low he uses the average cumulative rate of return of the overall stock market.”
TO BE CONTINUED TOMORROW.......
“ENJOY TODAY ,WAIT FOR BEAUTIFUL TOMORROW ”
what are weakness and strength you find while reading this article/section ?
please give your comment below (in comment label) as how can this article/section be improved further ? it will GIVE THE OPPORTUNITY TO MEMBERS OF “ jab we met CA “ BLOG TO IMPROVE THEMSELVES. WAITING FOR YOUR REPLY....
SATBIR SINGH
PRESIDENT
JAB WE MET CA
REDEFINING PROFESSIONALISM......
“LEADERS ARE READERS, READERS ARE THE LEADERS”
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"ENJOY TODAY AND WAIT FOR BEAUTIFUL TOMORROW"
SATBIR SINGH
PRESIDENT
JAB WE MET CA
REDEFINING PROFESSIONALISM......
“LEADERS ARE READERS, READERS ARE THE LEADERS”
RECENT SERVICE TAX CASES
Service Tax - S. B. ENTERPRISES Versus COMMR. OF C. EX., COCHIN = 2008 Date of Decision: February 18, 2008 - CESTAT BANGALORE
No evidence to say that the appellant carried out clearing and forwarding activities on behalf of the Principal - held that mere procuring or booking orders for the Principal by an agent on a payment of commission basis would not amount to providing services as clearing and forwarding agent within the meaning of definition of that expression under Section 65(25)
Service Tax - NATIONAL ENGG. INDUSTRIES LTD. Versus COMMR. OF C. EX., JAIPUR = 2008 Date of Decision: December 13, 2007 - CESTAT, NEW DELHI
Tax wrongly paid on the commission got from foreign Co. through Indian railways under Business Auxiliary service - Rule 3 of Export of Services Rule, exempts export of service - contract reveals that the appellant would be paid USD equipment to non-convertible Indian Rupee at the Rate of Exchange prevailing on the date of supply order - equivalent amount of foreign exchange payable to the appellant was not released to the Indian Railways, so appellant complied with Rule 3(1)(b) -refund allowed
Service Tax - COMMR. OF C. EX., LUDHIANA Versus CITY CABLE = 2008 Date of Decision: April 7, 2008 - CESTAT, NEW DELHI
Application by revenue seeking grant of stay of order of Commissioner (A) setting aside the penalties - Commissioner observed that entire tax with interest was deposited before SCN so penalty is not justified - stay of the Commissioner order would enable Dept. to realise dues, which would not be proper without adjudication on merit by the Tribunal - At this stage, we are not inclined to go into the question of propriety of the imposition of penalty, so application is rejected
Service Tax - NCR CORPORATION INDIA PVT. LTD. Versus CST, BANGALORE = 2008 Date of Decision: May 16, 2008 - CESTAT BANGALORE
Appellants supplied Automatic Teller Machines (ATMs) for the period from July 2003 to March 2005 – Revenue contended that appellants rendered the cash replenishment services & caretaker services for the above period and these would fall under Business Auxiliary Service - automatic teller machine services came under the Tax net only w.e.f. 1.5.2006 and also the cash replenishment has also been included in the said services - hence tax cannot be levied for the period prior to that date
Service Tax - RAJINDER KUMAR Versus COMMR. OF C. EX., CHANDIGARH = 2008 Date of Decision: April 17, 2008 - CESTAT, NEW DELHI
Demand is confirmed on the ground that the applicants were providing business auxiliary service to the petroleum company - Contention of the applicants is that establishment expenses are being reimbursed to them by the company, and therefore, that portion cannot be added for charging service tax on the business auxiliary service - applicants are directed to deposit Rs. 35,000/-each in addition to the amount already deposited by the applicants – stay partly granted
Service Tax - COMMISSIONER OF C. EX., JAIPUR-I Versus TARGET INSTITUTION OF COMPETITION = 2008 Date of Decision: February 25, 2008 - CESTAT, NEW DELHI
Assessee obtained the registration on 27-7-04 and did not pay the tax but they recorded the fees in their records - no material for suppression of facts with intent to evade payment of tax so penalty u/s 78 is not justified - new levy on coaching centre and there was a dispute regarding availability of the exemption benefit and the respondent paid the tax before issue of SCN so imposition of penalty u/s 76 is excessive, so it is reduced
Service Tax - COMMISSIONER OF C. EX., LUDHIANA Versus BHANDARI HOSIERY EXPORTS LTD. = 2008 Date of Decision: February 19, 2008 - CESTAT, NEW DELHI
Import of services – assessee, service recipient - demand for the period from 9.2.2004 to February, 2006 prior to introduction of Section 66A - provisions of Section 66A of the Finance Act introduced w.e.f. 18.4.06, provides that the recipient of taxable service (provided by a person who is residing outside India) is liable to service tax - In the present case as the period of demand is prior to the introduction of Section 66A, Therefore, demand is not sustainable and, hence, set aside
Recent INCOME TAX Cases
Income Tax - THE COMMISSIONER OF INCOME TAX-V versus RELIANCE ELECTRONICS INDUSTRIES INDIA LIMITED = 2008
Date of Decision: July 16, 2008 - HIGH COURT DELHI
Addition on account of obsolete stock - assessee was in the business of mfg. television sets which required electronic components in respect of which technical obsolescence was a well-known fact - tribunal is justified in concluding that the assessee had valued its closing stock at the approximate market value as estimated by a qualified Chartered Engineer and AO could not point out any defect in the valuation report - no substantial question of law arises – revenue appeal dismissed
Income Tax - THE COMMISSIONER OF INCOME TAX DELHI (CENTRAL)-III versus M/S D. D. SALES CORPORATION = 2008 - TMI - 30048Date of Decision: July 22, 2008 - HIGH COURT DELHI
Question was with regard to the bar of limitation in making an assessment order u/s 158 BC - search having been conducted on 29.08.96 /30.08.96, the assessment made on 31.10.1997, is barred by limitation in view of the provisions contained in Section 158 BE - impugned order having been passed beyond the period of one year from the end of the month in which the last authorization for search had been executed - no substantial question of law arises – revenue’s appeal is dismissed
Income Tax - M/S KESHAV SHARES and STOCKS LIMITED versus INCOME TAX OFFICER AND OTHERS = 2008 Date of Decision: July 2, 2008 - HIGH COURT DELHI
Assessment u/s 143 - demand on account of income tax & interest raised - prior to the making of assessment order, no speaking order was passed by AO in respect of the objections taken by the assessee in its letter dated 17.09.07– in view of decision in Smt Kamlesh Sharma v. B.L. Meena, Income-Tax Officer case & inasmuch as the directives of the Supreme Court in GKN Driveshafts we set aside the assessment order – AO is directed to pass a speaking order and then proceed with assessment
Income Tax - COMMISSIONER OF INCOME TAX, DELHI-V. versus RBG INVESTMENT and FINANCE LTD. = 2008 Date of Decision: July 21, 2008 - HIGH COURT DELHI
Arrangement made between assessee & certain mutual funds with regard to subscription of fully convertible debentures, offered as a rights issue by the assessee’s sister concern - mutual funds were assured fixed rates of returns & assessee was able to obtain the fully convertible debentures of sale debentures only to make profits – so these can’t be treated as non business transaction - service charges were allowable expenses u/s 37 as they were wholly and exclusively expended for the business
Income Tax - COMMISSIONER OF INCOME TAX DELHI (CENTRAL)-III versus J.P.M FARMS (PVT.) LTD. = 2008 Date of Decision: July 18, 2008 - HIGH COURT DELHI
Levy of surcharge - proviso to Section 113 of the Income Tax Act, 1961 was inserted w.e.f 1.6.2002 whereby surcharge was sought to be levied by revenue on tax payable on undisclosed income determined in a block assessment year (1.4.1990 to 19.3.2001) - ITAT was correct in law in holding that the surcharge U/S 113 of the Income Tax Act, 1961 was not leviable in the present case - issue does not require any further investigation
Income Tax - COMMISSIONER OF INCOME TAX, DELHI-X versus M/S PRIMA INDIA PRODUCTS = 2008 Date of Decision: July 11, 2008 - HIGH COURT DELHI
Commissioner’s order u/s 263 requiring further investigation as Income-tax Officer had failed to enquire into the source of deposits/investments – Commissioner’s order merely raise doubts & suspicion - Tribunal is justified in concluding that the investments made by the assessee and its partners had a direct nexus with the sum disclosed by the assessee before the Settlement Commission - no further examination was required by the Income-tax Officer – revenue appeal dismissed
Income Tax - MALABAR AND PIONEER HOSIERY P. LTD. Versus COMMISSIONER OF INCOME-TAX = 2008 Date of Decision: January 16, 2008 - KERALA HIGH COURT
Preliminary expenditure incurred for construction of a shopping complex cannot be anything other than a capital expenditure as it goes to add to the capital of the project - Obviously, impugned expenditure is capital in nature & cannot be treated as revenue expenditure - rectification carried out u/s 154 of the Income-tax Act is perfectly justified - Tribunal rightly dismissed the assessee’s appeal on the validity of rectification as well as against disentitlement for the claim
Income Tax - COMMISSIONER OF INCOME-TAX Versus KARTAR SINGH AND CO. = 2008 Date of Decision: January 29, 2008 - PUNJAB AND HARYANA HIGH COURT
Issue whether deduction of interest & salary paid to partners could be disallowed or not in a case where the assessment was completed u/s 144(on status of registered firm), is highly debatable – AO rectified the assessment order on ground that since assessment was completed u/s 144, the status of firm was required to be taken as association of persons & hence disallowed deduction claim of assessee – impugned mistake is not apparent from record, hence rectification order is not valid
The Leave Applications
From H.A.L. Administration Dept: "As my mother-in-law has expired and I am only one responsible for it, please grant me 10 days leave."
Another leave letter written to the headmaster: "As my headache is paining, please grant me leave for the day."
Covering note: "I am enclosed herewith..."
READ MORE IN FUN BOX TOMORROW.......
HAPPY FRIENDSHIP DAY
“Friends and Medicine play the same role in our life .both care for us in pain But ………..The only difference is that friendship does not have an expiry date……!”
FROM :--
JAB WE MET CA
"UNITED WE STAND, DIVIDED WE FALL"
'The Law of the Garbage Truck
One day I hopped in a taxi and we took off for the airport. We were driving in the right lane when suddenly a black car jumped out of a parking space right in front of us. My taxi driver slammed on his breaks, skidded, and missed the other car by just inches! The driver of the other car whipped his head around and started yelling at us. My taxi driver just smiled and waved at the guy. And I mean, he was really friendly. So I asked, 'Why did you just do that? This guy almost ruined your car and sent us to the hospital!' This is when my taxi driver taught me what I now call, 'The Law of the Garbage Truck..' He explained that many people are like garbage trucks. They run around full of garbage, full of frustration, full of anger, and full of disappointment. As their garbage piles up, they need a place to dump it and sometimes they'll dump it on you. Don't take it personally. Just smile, wave, wish them well, and move on. Don't take their garbage and spread it to other people at work, at home, or on the streets. The bottom line is that successful people do not let garbage trucks take over their day.
Life's too short to wake up in the morning with regrets,
so.....
'Love the people who treat you right. Pray for the ones who don't.'
Life is ten percent what you make it and ninety percent how you take it!
Rgds....
DIVYA SHARMA
MEMBER JAB WE MET CA
"Live Well, Laugh Often, Love Much"
Corporate language !!
'We will do it'
means
' You will do it'
'You have done a great job'
means
'More work to be given to you'
'We are working on it'
means
'We have not yet started working on the same'
'Tomorrow first thing in the morning'
means
'Its not getting done... At least not tomorrow !'.
'After discussion we will decide - I am very open to views'
means
'I have already decided, I will tell you what to do'
'There was a slight mis-communication'
means
'We had actually lied'
'Lets call a meeting and discuss'
means
'I have no time now, will talk later'
'We can always do it'
means
'We actually cannot do the same on time'
'We are on the right track but there needs to be a slight extension of the deadline'
means
'The project is screwed up, we cannot deliver on time.'
'We had slight differences of opinion'
means
'We had actually fought'
'Make a list of the work that you do and let's see how I can help you'
means
'Anyway you have to find a way out no help from me'
'You should have told me earlier'
means
'Well even if you told me earlier that would have made hardly any difference!'
'We need to find out the real reason'
means
'Well I will tell you where your fault is'
'Well... family is important, your leave is always granted. Just ensure that the work is not affected'
means
'Well you know...'
'We are a team'
means
'I am not the only one to be blamed'
'That's actually a good question'
means
'I do not know anything about it'
'All the Best'
means
' You are in trouble'
SERVICE TAX ON CONSTRUCTION OF RESIDENTIAL COMPLEX
Gauhati High Court has held in Magus Construction v. Union of India that when a person is engaged in construction of residential complex for sale to various persons, it does not amount to service and the transaction is not taxable under service tax laws. When the construction company doing construction activity on its own self, and selling the complex to various buyers, it does not fall under the ambit of service tax. Until the time sale deed is executed, the construction company remains the owner and it cannot be said that the construction company is doing construction activity on behalf of any person. Mere agreement to sale at some future date does not transfer the ownership.
The court further held that service is an intangible commodity in the form of human effort and to have service there must be service provider rendering services to some other person, who shall be the recipient of service.
The court further held that departmental circulars are not binding on the courts.
The judgment is a landmark judgment and will be applicable in a variety of other situations, where service tax is demanded by the department without establishing as to who is a service provider and who is a service recipient.
CONITNUED FROM YESTARDAY......
SUCCESSFUL INVESTORS
To be successful, investors needed to do just a few
things well. One was investing only in companies that were within their
circle of competence.
GOOD ECONOMIST
“to be a good investor,one also needs to be a good economist.”
MEASURING STICK
“In Williams theory we have to decide what Should be the discount rate? Accoring to William his readers could determine for themselves what would be appropriate. But Buffett’s measuring stick is very straightforward: He uses either the interest rate for long term (meaning ten-year) U.S. bonds, or when interest rates are very low he uses the average cumulative rate of return of the overall stock market.”
TO BE CONTINUED TOMORROW.......
“ENJOY TODAY ,WAIT FOR BEAUTIFUL TOMORROW ”
what are weakness and strength you find while reading this article/section ?
please give your comment below (in comment label) as how can this article/section be improved further ? it will GIVE THE OPPORTUNITY TO MEMBERS OF “ jab we met CA “ BLOG TO IMPROVE THEMSELVES. WAITING FOR YOUR REPLY....
SATBIR SINGH
PRESIDENT
JAB WE MET CA
REDEFINING PROFESSIONALISM......
“LEADERS ARE READERS, READERS ARE THE LEADERS”
CONITNUED FROM YESTARDAY......
Beginners Guide to Investment Basics.
New to Investing?
Investing !! What's that?
Judging by the fact that you've taken the trouble to navigate to the Learning Center of ICICIDirect, our guess is that you don't need much convincing about the wisdom of investing. However, we hope that your quest for knowledge/information about the art/science of investing ends here. Sink in. Knowledge is power. It is common knowledge that money has to be invested wisely. If you are a novice at investing, terms such as stocks, bonds, badla, undha badla, yield, P/E ratio may sound Greek and Latin. Relax. It takes years to understand the art of investing. You're not alone in the quest to crack the jargon. To start with, take your investment decisions with as many facts as you can assimilate. But, understand that you can never know everything. Learning to live with the anxiety of the unknown is part of investing. Being enthusiastic about getting started is the first step, though daunting at the first instance. That's why our investment course begins with a dose of encouragement: With enough time and a little discipline, you are all but guaranteed to make the right moves in the market. Patience and the willingness to pepper your savings across a portfolio of securities tailored to suit your age and risk profile will propel your revenues at the same time cushion you against any major losses. Investing is not about putting all your money into the "Next Infosys," hoping to make a killing. Investing isn't gambling or speculation; it's about taking reasonable risks to reap steady rewards. Investing is a method of purchasing assets in order to gain profit in the form of reasonably predictable income (dividends, interest, or rentals) and appreciation over the long term.
Why should you invest?
Simply put, you should invest so that your money grows and shields you against rising inflation. The rate of return on investments should be greater than the rate of inflation, leaving you with a nice surplus over a period of time. Whether your money is invested in stocks, bonds, mutual funds or certificates of deposit (CD), the end result is to create wealth for retirement, marriage, college fees, vacations, better standard of living or to just pass on the money to the next generation. Also, it's exciting to review your investment returns and to see how they are accumulating at a faster rate than your salary.
When to Invest?
The sooner the better. By investing into the market right away you allow your investments more time to grow, whereby the concept of compounding interest swells your income by accumulating your earnings and dividends. Considering the unpredictability of the markets, research and history indicates these three golden rules for all investors 1. Invest early 2. Invest regularly 3. Invest for long term and not short term While it's tempting to wait for the "best time" to invest, especially in a rising market, remember that the risk of waiting may be much greater than the potential rewards of participating. Trust in the power of compounding ,Compounding is growth via reinvestment of returns earned on your savings. Compounding has a snowballing effect because you earn income not only on the original investment but also on the reinvestment of dividend/interest accumulated over the years. The power of compounding is one of the most compelling reasons for investing as soon as possible. The earlier you start investing and continue to do so consistently the more money you will make. The longer you leave your money invested and the higher the interest rates, the faster your money will grow. That's why stocks are the best long-term investment tool. The general upward momentum of the economy mitigates the stock market volatility and the risk of losses. That's the reasoning behind investing for long term rather than short term.
TO BE CONTINUED TOMORROW.......
“ENJOY TODAY ,WAIT FOR BEAUTIFUL TOMORROW ”
what are weakness and strength you find while reading this article/section ?
please give your comment below (in comment label) as how can this article/section be improved further ? it will GIVE THE OPPORTUNITY TO MEMBERS OF “ jab we met CA “ BLOG TO IMPROVE THEMSELVES. WAITING FOR YOUR REPLY....
SATBIR SINGH
PRESIDENT
JAB WE MET CA
REDEFINING PROFESSIONALISM......
“LEADERS ARE READERS, READERS ARE THE LEADERS”