FINANCIAL EDUCATION

Thursday, July 31, 2008

CA FINAL EXAM QUESTION

ACCOUNTS OF COMPANY

X Ltd has a subsidiary company called Y Ltd. The financial year of the holding company is 31st March,whereas that of the subsidiary company ends on 30th June every year.The management of the holding company decides that the financial year of the subsidiary company for the year 1.07.2000 to 30.06.2001 should be extended upto 31.03.2002,so that the financial years of th holding and subsidiary companies end on 31st March every year.Advise the management about the steps to be taken under the Companies Act to achieve the purpose.(CA FINAL MAY 2001,NOV 2003,NOV 2005)

Solution:

Applicable section- Mention Section 212 of Companies Act

Section213-Explain the power of Central Govt to extend the financial Year

Explain the procedure for seeking extension

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Wednesday, July 30, 2008

warren buffet-Golden Rules

CONITNUED FROM YESTARDAY......

BASIC IDEAS
The basic ideas of investing are to look at stocks as businesses,
use market f luctuations to your advantage, and seek a margin
of safety. That’s what Ben Graham taught us. A hundred years
from now they will still be the cornerstones of investing.4
WARREN BUFFETT, 1994

GRAHAM’S APPROACHES
Graham’s approaches—buying a stock for less than twothirds
of net asset value and buying stocks with low P/E multiples—had
a common characteristic. The stocks that Graham selected based on
The basic ideas of investing are to look at stocks as businesses,
use market f luctuations to your advantage, and seek a margin
of safety. That’s what Ben Graham taught us. A hundred years
from now they will still be the cornerstones of investing.4
WARREN BUFFETT, 1994

PEOPLE COULD MAKE SUPERIOR PROFITS
Fisher came to believe that people could make superior profits by
(1) investing in companies with above-average potential and
(2) aligning themselves with the most capable management. these methods were deeply out of favor with the market.

GROWTH
companies with above-average potential have ability to grow
sales over the years at rates greater than the industry average. That
growth, in turn, usually was a combination of two factors: a significant
commitment to research and development, and an effective sales organization.

CONSISTENT PROFITS

“All the sales growth in the world won’t produce the right type of investment vehicle if, over the years, profits do not grow correspondingly,” .Accordingly,
Fisher examined a company’s profit margins, its dedication to maintaining
and improving those margins and, finally, its cost analysis and
accounting controls.”

TO BE CONTINUED TOMORROW.......

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REDEFINING PROFESSIONALISM......
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CA FINAL EXAM QUESTION

CA FINAL EXAM QUESTION
BY MANIT KAUR (40TH RANK,MAY2008)
CO-ORDINATOR
STUDENT HELP DESK
MEMBER JAB WE MET CA
SUBJECT :CORPORATE LAWS AND SECRETARIAL PRACTICE
CHAPTER- DIRECTOR

MR X was appointed as managing director for life by the articles of association of a private company
Incorportated on 1st june 1970. The articles also empowered ‘X’ to appoint a successor.
‘X’ appointed ,by will, ‘G’ to succeed him after his death. Can ‘G’ succeed ‘X’ as managing director after the death of ‘X’.? CA (FINAL),NOV 1995

ANSWER : Steps involved to solve the above question :-
1) Mention Problem :-Can ‘G’ succeed ‘X’ after the death of ‘x’ ?
2) Mention Applicable Section: 312 of Companies Act 1956
3) Mention Case Law and Decision :-Oriental Metal Precessing Pvt Ltd. V B.K. Thakoor
4) Give Analysis : difference between Assignment V/S Appointment
5) Give Conclusion:- There is appointment not assignment. Therefore the appointment of ‘G’ is valid and it does not amount to an assignment of office by ‘X’.

CA INTER PASS-CONGRATULATION!!!

CONGRATULATION TO FUTURE CA'S
(CA INTER PASS OUT)
JAB WE MET CA TEAM EXTEND BEST WISHES TO CA INTER PASS OUT.

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CA VED JAIN

PRESIDENT ,ICAI
NEW DELHI,JUNE 25,2008

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SATBIR
PRESIDENT
JAB WE MET CA
REDEFINING PROFESSIONALISM........

INCOME TAX-IMPORTANT CASES

IMPORTANT INCOME TAX CASES

VIVEK SAWHNEY,VICE PRESIDENT

JAB WE MET CA
Employer-employee relationship:
The nature and extent of control which is the basis requisite to establish employer- employee relationship would vary from business to business. The test which is uniformly applied in order to determine the relationship is the existence of a "right to control" in respect of the manner in which the work is to be done. (Dharangadhra Commercial Works v State of Saurashtra 1957 SCR 152)
House Rent Allowance(S.10(13A):

When commission is paid to a person based upon fixed percentage of turnover achieved by the employee it would amount to "Salary" for the purpose of Rule 2 (h) of part A of IV Schedule(Gestetner Duplicators vCIT 117 ITR 1 (SC)).

Deduction under S.80G:
By the very nature of calculation required to be made u/s 80G(4) it is necessary that all deduction under chapter VIA be first ascertained and deducted before granting deduction u/s 80G (Scindia Steam Navigation Co v CIT (1994) 75 Taxman 495(Bom))

Revised return
A belated return filed u/s 139(4) can not be revised u/s 139(5). ( Kumar J.C. Sinha v CIT (1996) 86 Taxman 122(SC)).
Return showing income below taxable limit: Is a valid return. (CIT v Ranchhoddas Karosands(1959(361ITR 869 (SC)).

Perquisite (S17):
One can not be said to allow a perquisite to an employee if the employee has no vested right to the same. (CIT v L.W. Russel(1964) 531 ITR 91 (SC)).

Reimbursement of expenses incurred by the employee has been intended to be roped in the definition of " Salary" by bringing it as part of " Profit in lieu of salary." (I.E . I Ltd. v CIT (!993) 204 ITR 386(Cal)

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JAB WE MET CA TEAM BEGINING TO PERFECTION........

IMPORTANT SERVICE TAX CASES

SERVICE TAX CASE LAWS
SOURABH SONI
SECRETARY
JAB WE MET CA

Service Tax - 2008 - - HIGH COURT OF GAUHATI -

Applicability of Service Tax on the business of development and sale of immovable properties, i.e., real estates - whether the appellant has been working, as a "service provider", for those persons with whom the petitioner-company enters into agreements and constructs flats for the purpose of sale to those with whom such agreements are entered into - HC held that department is binding by the circular issued by board. HC further held that, the activity in question is not subject to service tax.
Service Tax - 2008 - - HIGH COURT OF ANDHRA PRADESH

Applicability of Service tax on Works Contract - Appellant sought to declare the circular no. 98/1/2008 St dated 4-1-2008 ultra virus the Finance Act, 1994. In the circular it is said that contracts executed prior to 1.6.2006 shall be taxable under the old respective categories. Appellant wants to pay tax on the works contract under the new provision 65(105)(zzzza) - HC has granted interim relief to the petitioner to pay service tax under new category subject to further orders.
Service Tax - 2008 - CESTAT, Delhi

Applicability of Service Tax on services provided by private companies relating to generation, supply, distribution etc. on behalf of state power board (state governments, i.e. Madhya Pradesh Electricity Board) to the consumers - Demand was raised to the tune of Rs. 67,28,53,038/-. CESTAT has found that prima fascia the service is taxable under the category of "Business Support Service" and ordered to deposit Rs. 5 crore and stay granted for the balance demand from pre-deposit

Self Credit Scheme under Excise

Self Credit Scheme under Excise
(BY MOHAN,EDITOR,JAB WE MET CA)
Self Credit Scheme is one of the privilege given to an establishment in the state of Jammu and Kashmir by giving benefits of Central Excise
Original notification 57/2002…….. Exempts the goods specified in the schedule cleared from a unit located in the state of Jammu & Kashmir, from so much of amount of excise livable thereon under excise act as equivalent to amount of duty paid by the manufacturer of goods other than the amount of duty paid by utilization of CENVAT credit under CER 2002.

The point to be noted here is its only the amount of Excise which is exempted , the Assesee is required to pay the amount of CESS out of PLA, in other words we can say it can not be used for the payment of CESS.

Manufacturer has two Options
Either take refund of Duty paid on Cash or Take Credit of That Amount

Eg…..

Excise Payable on Output Rs100
Less:-
CENVAT Availed Rs 40

Excise Paid In Cash Rs 60

Now either he can take refund of this amount or…….

Next Month Excise Payable RS 200
Less;-
CENVAT Availed Rs 80
Less:-Self Credit Rs 60

(the amount paid in cash of last Month)
Payment to be made in Cash RS 60

Next Month Self Credit Available Will be 120 (I.e 60+60) as the amount paid as self credit will also be treated as paid in cash.
Now……… Notification 57/2002 is amended by Notification 22/2008

The amount of Self Credit taken is reduced by inserting following words

Credit Available……………….is of … Duty payable on VALUE ADDITION undertaken in the manufacture of the said goods by said unit

Duty Payable on Value Addition

Total Duty Payable (Gross) * %age specified in notification

Credit Available is of Duty Payable on Value Addition
Or
Amount paid in Cash
Which ever is less

Article by:-
Mohan Chand