May this diwali Light up new dreams, hopes, everything bright and beautifulfil
and fill ur days with pleasant surprises and moments!!
Ashwin Nagar India +91-9833015352
Success is not permanent and failure is not final
May this diwali Light up new dreams, hopes, everything bright and beautifulfil
and fill ur days with pleasant surprises and moments!!
Ashwin Nagar India +91-9833015352
Success is not permanent and failure is not final
Date: Oct 12, 2009 | |
StCBs/DCCBs – Payment of Interest on Savings Bank Account on a Daily Basis | |
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"Tax Facts" in Times Property Newspaper dated 10 10 2009
Query : When can a member of a co-operative society be appointed as the statutory auditor thereof? Reply : A member of the society can be appointed as a statutory auditor of the society provided that he is qualified to be so appointed and provided further that he is not a part of the committee of the society because if he is the part of the committee then as an auditor he would have to report upon his own actions and inactions.
Query : Can a person who is not a joint purchaser of the flat be a committee member?
Reply : A person who is an associate member of the society can become a committee member subject to consent of the ordinary member. For becoming an associate member one need not be a joint purchaser of the flat. A person may be admitted as an associate member of the society under an application in that behalf by the ordinary member. Upon getting elected in the committee, logically such an associate member can also become office bearer of the society.
Query : The Annual General Meeting of our society was not convened on or before 14 08 2009 and accounts finalization are taking a lot of time. Is it possible to convene the Annual General Meeting without producing final accounts?
Reply : The annual general meeting of a co operative society has to be held on or before 14th August in respect of the immediately preceding financial year. The date of the annual general meeting can be extended for a period of three months by the registrar of co-operative societies upon a specific application by the society. Duly audited accounts must be laid at the annual general meeting of the society.
Query : Can we claim income tax benefit on sale of plants grown in our nursery ? Reply : Whether plants grown in nursery tantamounts agricultural produce or not was a matter of dispute earlier. However, with effect from assessment year 2009-10, the Income Tax Act, 1961 has been amended to provide that income from saplings and seedlings grown in nursery would be treated as agricultural income. In view of such amendment, now such income is agricultural income and therefore not taxable. Although in general laws, to acquire agricultural land, one needs to be a farmer, but now atleast for the income tax purposes, one can earn agricultural income without being a farmer. |
Critical areas on dtc for detailed examination identified : fm
Finance Minister has announced that the Government has identified seven critical areas on the Direct Taxes Code for further detailed examination. At an interactive session with representatives of trade and industry from all over the country, here today, Shri Pranab Mukherjee said that the areas identified after interactions with all stakeholders are: The concept of Minimum Alternative Tax (MAT) based on gross assets; Capital Gains Taxation in the case of non-residents; The Income Tax Act and the Double Taxation Avoidance Agreement (DTAA); General Anti-Avoidance Rule (GAAR); Issues relating to effective management control and taxation of foreign companies in India; Taxation of charitable organizations; and Shift from EEE to EET taxation system.
On the apprehensions expressed regarding the time schedule for implementation of the new Direct Taxes Code, the Finance Minister assured that next steps would be taken only after a comprehensive review of the draft Direct Taxes Code by taking on board the suggestions received. Every effort would be made to meet the aspirations and expectations of our taxpayers and our vibrant corporate sector.
Shri Mukherjee said that it has been the endeavour of the government to incorporate the best practices prevailing across the globe and to use innovative methods for attaining equity—vertical and horizontal, ensure growth with sustainability, create stable fiscal eco-system and have well regulated free markets. The new Direct Tax system would also take into account established and time tested practices which have withstood judicial scrutiny. He said, "We want to present the stakeholders with a tax regime which is simple and broad based leading to lowering of tax rates, better tax compliance and reduced litigation."
The Finance Minister said that it has been two months since the proposed draft direct tax code was released for public debate and he was moved by the amount of interest and intellectual debate it has generated amongst various sections of taxpayers, tax professionals and general public. We are receiving thoughtful feedbacks on our website and through other means—trade and industry associations, professional bodies and others, he added.
Shri Mukherjee said that he has kept his promise by putting the draft code in public domain within 45 days and he would like to expedite to give it a final shape. While thanking the industry and trade associations for enthusiastically participating in today's deliberations, Shri Mukherjee said that he looks forward to their suggestions in making the new Direct Taxes Code an effective instrument for meeting the economic challenges and development priorities of the country. The outcome of the discussions would be used for modifying the proposals contained in the draft Direct Taxes Code, the Minister said.
Minister of State for Finance, Shri S.S. Palanimanickam, Revenue Secretary, Shri P.V. Bhide and senior officers of the Finance Ministry were also present at the interactive session.
[BSC/BY/GN-349/09]
The Income Tax Act 1961 (the Act) has been amended with effect from 1st October 2009 to provide that any gift-in-kind, being an immovable property or any other property, the value of which exceeds Rs.50,000 /- (rupees fifty thousand), will become taxable in the hands of the donee, being an individual or a Hindu Undivided Family (HUF), as income from other sources under clause (vii) of sub-section 2 of section 56 of the Act. Therefore, any such person who receives a gift of any such property on or after 1st October 2009 must pay the income tax due on the value of the gift and disclose the taxable value of such property in the return of income for assessment year 2010-11 and subsequent years. The following types of gifts will, however, not be subject to tax, i.e. gifts (a) from a person who is a relative; (b) on the occasion of marriage of the individual; (c) under a will or by way of inheritance; (d) in contemplation of death of the donor; (e) from any local authority as defined in the Explanation to section 10(20) of the Act; (f) from any fund or trust established under section 10(23C) of the Act; (g) from any trust or institution registered under section 12AA of the Act. Relative is defined in the Act as (i) spouse; (ii) brother or sister; (iii) brother or sister of the spouse; (iv) brother or sister of either of the parents; (v) any lineal ascendant or descendant; (vi) spouse of any of the relative at clauses (ii) to (v); of the individual. Gifts received from these relatives will not be subject to tax. |
The government will introduce the Direct Taxes Code by April 2011 after examining thoroughly seven proposals such as taxing savings schemes and clamping the Minimum Alternate Tax (MAT) on gross assets that have not found favour with the industry, trade and people at large. After an interaction with industry chambers here today, Finance Minister Pranab Mukherjee said, "The new Direct Taxes Code would have to be passed in the Parliament. It is to be effective from 2011. "He said the Code would be implemented only after "a comprehensive review" of the proposals. Revenue Secretary P V Bhide said, "The draft would be tabled in the Parliament during the winter session or the following session in February. – www.presstrustofindia.com |
Institute of Chartered Accountants of India (ICAI) has sought broad-ranging information about the association of its member institutions with foreign auditing firms. The move assumes significance following the accountancy fraud by the promoters of Satyam Computers that brought the role of auditors under scrutiny. The auditors concerned were associate firms of international auditing entity PricewaterHouseCoopers. ICAI is in the process of collecting basic information such as financial statement, details of the agreement, queries related to their functioning, revenue-sharing details and so on from the auditing firms that have foreign associations. Indian auditing firms are registered with ICAI, while foreign firms do not have to be associated with the apex standard-setting body. Though ICAI is yet to reveal what it intends to do with the data, sources said the information is being gathered to study the possibility of tightening regulatory monitoring of foreign firms that function through their Indian associates. "It is a general query to understand how they operate. Notices have been sent to Indian firms whom we regulate and lot of people are responding," said ICAI President Uttam Prakash Agarwal. Asked what ICAI would do with this information, Agarwal said, "Once we get the data we will apply our mind. "This latest move is part of the regulator's efforts to bring in more transparency and accountability to the accounting profession after Satyam's founder Ramalinga Raju confessed to long-term fraud on January 7. ICAI has already submitted its report on the auditors' role in the Satyam scandal, in which funds of the IT major were allegedly siphoned off by the Raju family by fudging accounts. The complaint against the auditors was their failure to detect the fraud. The institution is already in the process of curbing the practice of unrestricted registrations of the same entities in various states. The number of registrations one auditing firm can have is likely to be restricted to two. Similarly, ICAI is attempting to prevent all audit firms, whose individual auditor members are under scrutiny for unethical practices, from taking up government auditing contracts. – www.business-standard.com |
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What are the consequences of not deducting the TDS or after deducting not paying the deducted tax to the Government?
As per section 201 of Income Tax Act 1961,
• Without prejudice to any other consequences, the defaulter will be deemed to be an assessee in default.
• He is liable to pay an interest at 12% P.A. from the date on which the tax was deductible till the date of actual payment.
• The TDS along with the interest will be a charge on all the assets of the defaulter.
• He is liable to rigorous imprisonment for a term which shall not be less than 3 months, but which can extend up to 7 years and fine.
• He is liable to a penalty equal to the tax not deducted.
Knowing the above liabilities, no sane person would invite the wrath of the department by not deducting TDS or after deducting not paying to the government. But there is more! A new sub clause (1 a) of Sec 40 (a) has been inserted into the Income Tax Act by Finance Act (No. 2) of 2004. Under this clause if on any interest, commission or brokerage, rent, royalty, fees for professionals etc., TDS is deductible and if not so deducted or after deduction not paid, the entire expenditure will not be deducted while computing the income chargeable under Profits and gains of business or profession. Putting in English, this can be explained by the following example:-
Supposing you have paid Rs. 1.00 Crore in the previous year as Interest fee etc, and you have either not deducted tax or after deducting not paid it to the Government, apart from the five consequences mentioned above, this one Crore will not be permitted as an expenditure in your profits and gains computation. With the result you may have to pay a higher rate of income tax on the entire amount of Rs. 1.00 Crores in the year of default.
Supposing your income was Rs. 2.00 Crores and your expenditure (including the fee of Rs. 1.00 Crore) was Rs. 1.80 Crores, you get a profit of Rs. 20 lakhs on which you may have to pay an income tax of Rs. 6.00 lakhs . But if this Rs. 1.00 Crore is not allowed to be deducted your income is Rs. 2.00 Crores and expenditure is Rs 0.80 Crores leaving a profit of Rs. 1.20 Crores, on which you will have to pay a tax of about Rs. 36.00 Lakhs .
This seems to be a too heavy a blow that an assessee has approached the Madras High Court challenging the constitutional validity of this new clause (1a) of Sec 40 (a) of Income Tax Act 1961.
The High Court directed that:
• The assessee will file self assessment return by including the amount for which the tax is deducted at source.
• The petitioner will pay tax on self assessment income.
• The Dept will accept the return and is restrained from taking penal action as of now.
• The filing of the return and payment of tax shall be purely provisional.
• The petitioner will be liable to file modified returns and pay the due tax in the event the petitioner fails to get a final order in its favour from the High Court.
This and several other similar writs are now decided by the madras High Court.
In all these writ petitions, the common challenge is to Section 40(a )(ia) of the Income Tax Act to declare it as ultra vires of the Constitution.
The contentions are three fold.
1. that the implication of Section 40(a)(ia) is arbitrary, unreasonable and in violation of Article 14 of the Constitution;
2. it imposes unreasonable restrictions in violation of Article 19(1)(g) of the Constitution and
3. it lacks legislative competence and is in violation of Articles 265 and 300A of the Constitution.
The High Court observed on several grounds raised by the petitioners,
It cannot be said that the objective sought to be achieved viz., augmentation of TDS provisions by bringing out a stringent provision in the form of Section 40(a)(i) or 40(a)(ia) can be said to be draconic or highly excessive in its approach. Therefore, the submission made does not inspire to hold that the provision should be held to be unreasonable or arbitrary and in violation of Article 14 of the Constitution. For the same reason, the contention that it is in violation of Article 265 of the Constitution is also liable to be rejected.
When there is a provision inbuilt in the impugned Section itself providing for rectification of any default and thereby restore the financial implications suffered, it will have to be held that by virtue of such a procedural safeguard provided in the provision, it would be well within the Legislative competence of the Parliament in having set out a provision as contained in Section 40(a)(ia) of the Act. The proviso provides a remedial measure and thereby enable the assessee to claim for deduction either in the immediate subsequent year or in any other subsequent year to the relevant year in which the default came to be committed.
when Section 40(a)(ia) is read along with its proviso, there is no scope to hold that the said provision is so very harsh or creates any insurmountable situation for the assessee to claim the deduction of expenditure actually made. It is held that Section 40(a)(ia) cannot be read in isolation but must be read along with its proviso and when it is read in that manner, there would be no scope to hold that there will be any harsh treatment meted out to any assessee in the matter of disallowance of any expenditure validly made by them.
Hostile scheme of taxation , in which on the ground of default of tax recovery from a contractor's income, the whole of the contractors income is taxed at the hands of the petitioners while such tax on the said sum is paid by the contractor himself in his returns even in the absence of the TDS effected by the petitioners?. It can be noticed that the disallowance provided under Section 40(a) (ia) is for the failure of the petitioners in making the TDS as provided under Chapter XVII-B of the Act, which varies from 2% to 10%. If the TDS has been effected , such deduction would be credited to the tax liability of the contractor when his liability is assessed. Only in the event of non-deduction or non-payment of the deducted amount, there would be scope for the contractor being mulcted with the entire liability inclusive of TDS which could have been otherwise made under Chapter XVII-B. Therefore, the argument of the petitioners which proceeds on the basis of double taxation is palpably erroneous. Since the submission has been made by an erroneous reading of the relevant provision, the said submission is liable to be rejected at the very outset. Certainly on this ground, it cannot be held that there was any hostile treatment meted out to the petitioners as that would amount to any arbitrariness or unreasonableness violative of Article 14 of the Constitution.
The relief through the mechanism of the proviso is onerous and near impossible since Section 40(a)(ia) shifts the business expenditure of the previous year, to the subsequent year which when computed along with regular expenditure of the subsequent year, exaggerates the expenditure to yield huge loss neutralizing the profit with mere carry forward facility under Section 72 and thereby the tax referred in the year of assessment can hardly be secured back unless business is carried on with profit to absorb the loss of the subsequent year. The said argument is to be stated only to be rejected. Such a submission made on hypothetical basis cannot invalidate the provision. After all the proviso has been inserted in order to ensure that even a defaulter is not put to serious prejudice, in as much as, by operation of the substantive provision, the expenditure which is otherwise allowable as a deduction is denied on the ground that the obligation of TDS provisions are violated. The law makers while imposing such a stringent restriction wanted to simultaneously provide scope for the defaulter to gain the deduction by complying with the TDS provision at a later point of time. Therefore such a remedial measure provided in the form of a proviso cannot be tested in the anvil of the grievance which is sought to be demonstrated by stating that in order to get the adjustments one has to survive in the business and that in the course of such survival, he should also make a profit. On the basis of such extreme imaginary consideration, which are farfetched, the vires of a provision cannot be tested.
Section 2(24) having defined the term 'income' have included only profits or gains of business or profession and the disallowance provided under Section 40(a)(ia) is indisputably an expenditure in the hands of the assessee and in the absence of deeming such expenditure as income of the assessee falling under Section 2(24) of the Act, no tax liability can be imposed on the assessee. The said submission failed to take note of one important factor viz., the proviso which would enable the assessee to claim the deduction as and when in any subsequent year compliance of the TDS provisions are duly made. It can also be stated that the disallowance committed under Section 40(a )(ia) is not a disallowance in toto but a temporary phenomenon, the ratification of which is in the hands of the assessee themselves. Therefore, it is a misnomer to call it an income while as a matter of fact it is an expenditure not properly claimed.
Section 40(a)(ia) does not serve any socio-economic cause. Even assuming to be true, it cannot be a ground for striking down the said provision. It is besides the fact that after the introduction of Section 40(a)(ia), the object with which the provision came to be introduced was nearly achieved, in as much as, the statistical data of collection and refund for the financial year 2008-09 upto 01.08.2009, discloses that at least 50% of such collection was by way of TDS.
Section 40(a)(ia) fails to cover all assessee in all situation and thereby it is highly inequitable and unreasonable: Section 40(a)(ia) will apply wherever Chapter XVII-B gets attracted. Therefore, in respect of all those assessee who are governed by Chapter XVII-B would be equally governed by Section 40(a)(ia). We are unable to understand as to how there could be any inequality or unreasonableness in such a situation. On the other hand, in respect of assessees who are governed by Chapter XVII-B of the Act, Section 40(a)(ia) does not make any discrimination and consequently the said contention has no legs to stand.
Section 40(a)(ia) is the only provision where it provides for Double Taxation. It is a misnomer to call the process created under Section 40(a)(ia) as one resulting in Double Taxation. We are not therefore impressed with such a contention of the petitioners.
(a) That so far as it is reasonably possible to read down a provision in order to construe the legislation as being within its power.
(b) By applying the doctrine of Reading Down, no additional words into a statutory order which would transgress the limits of such order or the scheme. It can only be resorted to give the statute a reasonable meaning in order to make it constitutionally valid.
(c) Under the guise of Reading Down a provision nothing can be supplemented. Where a literal interpretation leads to an absurd or intended result, the language of the statute can be modified to accord with the intention of Parliament and to avoid absurdity.
(d) The Doctrine of Reading Down a statutory provision is to make it a valid provision and prevents its nullification as unconstitutional.
Keeping the above principles in mind, it will have to be stated that having considered the various submissions on the grounds of arbitrariness, unreasonableness as well as discrimination, the High Court found that such grounds are not available for the petitioners when challenging the impugned Section 40(a)(ia).
Therefore when there is no ambiguity to be cleared, the question of applying the doctrine of Reading Down to Section 40(a)(ia) does not arise. Equally, there is no doubt that the provision is constitutionally valid, having regard to the various inbuilt safeguards in the substantive Section read along with its proviso. In such circumstances, the very question of applying the doctrine of Reading Down does not arise.
In as much as we have reached a conclusion that the object sought to be achieved while enacting Section 40(a)(ia) was for augmenting the provision of TDS, with which object we do not find any impermissibility or lack of constitutionality and hence there is no scope for applying the doctrine of Reading Down to the said provision.
In all these writ petitions, wherever the petitioners seek to challenge the action of the respondents on merits, such questions will have to be agitated by the said petitioners before the appropriate Appellate Forum.
Where the challenge is to the vires of Section 40(a)(ia), in as much as those writ petitions where the challenge is made to the vires of the substantive provision, in all fairness those parties should be permitted to work out their appellate remedies within a reasonable time.
It is held that Section 40(a)(ia) is constitutionally valid and there is no arbitrariness, unreasonableness or discrimination in the said provision.
1. Take the mystery away.
The first and perhaps most important strategy is to insure that all students understand how memory works and identify their particular profiles of memory strengths and challenges. Then, students should be taught memory management strategies.
2. Give directions in multiple formats.
Students benefit from being given directions in both visual and verbal formats. In addition, their understanding and memorizing of instructions could be checked by encouraging them to repeat the directions given and explain the meaning of these directions. Examples of what needs to be done are also often helpful for enhancing memory of directions.
3. Teach students to over-learn material.
Students should be taught the necessity of "over-learning" new information. Often they practice only until they are able to perform one error-free repetition of the material. However, several error-free repetitions are needed to solidify the information.
4. Teach students to use visual images and other memory strategies.
Another memory strategy that makes use of a cue is one called word substitution. The substitute word system can be used for information that is hard to visualize, for example, for the word occipital. These words can be converted into words that sound familiar that can be visualized. The word occipital can be converted to exhibit hall (because it sounds like exhibit hall). The student can then make a visual image of walking into an art museum and seeing a big painting of a brain with big bulging eyes (occipital is the region of the brain that controls vision). With this system, the vocabulary word the student is trying to remember actually becomes the cue for the visual image that then cues the definition of the word.
5. Give teacher-prepared handouts prior to class lectures.
Class lectures and series of oral directions should be reinforced by teacher-prepared handouts. The handouts for class lectures could consist of a brief outline or a partially completed graphic organizer that the student would complete during the lecture. Having this information both enables students to identify the salient information that is given during the lectures and to correctly organize the information in their notes. Both of these activities enhance memory of the information as well. The use of Post-Its to jot information down on is helpful for remembering directions.
6. Teach students to be active readers.
To enhance short-term memory registration and/or working memory when reading, students should underline, highlight, or jot key words down in the margin when reading chapters. They can then go back and read what is underlined, highlighted, or written in the margins. To consolidate this information in long-term memory, they can make outlines or use graphic organizers. Research has shown that the use of graphic organizers increases academic achievement for all students.
7. Write down steps in math problems.
Students who have a weakness in working memory should not rely on mental computations when solving math problems. For example, if they are performing long division problems, they should write down every step including carrying numbers. When solving word problems, they should always have a scratch piece of paper handy and write down the steps in their calculations. This will help prevent them from loosing their place and forgetting what they are doing.
8. Provide retrieval practice for students.
Research has shown that long-term memory is enhanced when students engage in retrieval practice. Taking a test is a retrieval practice, ., the act of recalling information that has been studied from long-term memory. Thus, it can be very helpful for students to take practice tests. When teachers are reviewing information prior to tests and exams, they could ask the students questions or have the students make up questions for everyone to answer rather than just retelling students the to-be-learned information. Also, if students are required or encouraged to make up their own tests and take them, it will give their parents and/or teachers information about whether they know the most important information or are instead focused on details that are less important.
9. Help students develop cues when storing information.
According to the memory research, information is easier retrieved when it is stored using a cue and that cue should be present at the time the information is being retrieved. For example, the acronym HOMES can be used to represent the names of the Great Lakes â€" Huron, Ontario, Michigan, Erie and Superior. The acronym is a cue that is used when the information is being learned, and recalling the cue when taking a test will help the student recall the information.
10. Prime the memory prior to teaching and learning activities.
Cues that prepare students for the task to be presented are helpful. This is often referred to as priming the memory. For instance, when a reading comprehension task is given, students will get an idea of what is expected by discussing the vocabulary and the overall topic beforehand. This will allow them to focus on the salient information and engage in more effective depth of processing. Advance organizers also serve this purpose. For older students, CliffNotes or other similar study guides for pieces of literature are often helpful aids for priming the memory.
11. Use Post-Its.
The use of Post-Its for jotting down information can be helpful for students who have short-term memory or working memory challenges.
12. Activate prior knowledge.
In order to enhance the likelihood that students will elaborate on new incoming information, teachers should activate their prior knowledge and make the new information meaningful to them. An easy way of accomplishing this task is to ask, â€Å“What do you knowâ€�, â€Å“What do you want to knowâ€�.
13. Give extended time.
If students have difficulty with the speed of retrieving information from memory, they should be given extended time for taking tests so that a true picture of what they know may be gained.
14. Use multisensory methods.
When learners, both young and old, experience something through multiple senses, they are much more likely to remember it. Use a Multisensory approach by engaging as many of the senses as possible when teaching (seeing, touching, hearing, smelling, and tasting).
15. Review material before going to sleep.
It should be helpful for students to review material right before going to sleep at night. Research has shown that information studied this way is better remembered. Any other task that is performed after reviewing and prior to sleeping (such as getting a snack, brushing teeth, listening to music) interferes with consolidation of information in memory.
HOW TO PASS CA IN FIRST ATTEMPT- DR N.K. AGRAWAL
Dr N.K. Agrawal gives students some tips on how to prepare for the CA examinations
AN OLD joke on passing CA examinations goes like this: There was a writing in a church that read, "Jesus never fails". A CA student added below that, "Then let him try the CA examination"!
Passing the CA exam is not as difficult as it is made out to be. Several students clear it in the first attempt and even secure ranks. Why, then, are others unable to crack it? The reasons are several.
Capabilities of the students
There is no CAT-like entrance test to join the course. The course costs less than school education. There are two streams of students joining the course one that joins after the intermediate or plus-two stage, and the other that joins after graduation. The stage at which one joins the course can be crucial. The inherent ability of a student can be an important factor. A bright student chooses the course by choice and not by chance. Such students take the PE I examination route.
Medium of instruction
A second major contributing factor is the medium of instruction. Those who study in regional-medium schools, face a lot of difficulty in comprehending the subject.
Exposure
A third factor is the exposure to the business world, terminologies, and so on. Students from rural and semi-urban areas face difficulty in understanding the subject due to inadequate exposure. Another drawback could be the lack of access to reading material, non-availability of textbooks, Internet facilities, so on. While these students are sincere, they may lack the right guidance.
Students can overcome the fear of the examination by following a regular and systematic study routine.
General study
Start preparing for the examination immediately on joining the course. Study regularly and conscientiously. It does not matter how many hours you study, but how much you understand. Qualitative study is important. In addition to the student journal, subscribe to the journal of the Institute. It helps to keep yourself updated. Keep track of the latest in all the subjects: accounting standards (new standards, revision of old ones, interpretations, etc.) auditing and assurance standards, amendments to company law and other laws, Finance Act and Income-Tax law. Contribute and subscribe to a good business newspaper. Essays on capital markets, tax matters and other subjects will be helpful.
Study material
Your study material is the most important. Supplement it with a good standard textbook. A good student does not require tuition. Tuitions certainly are helpful, but only when you have it in you to use them. For a professional, self-study and getting to the root of the subject is essential.
Attitude
Subjects such as law require repeated reading. Candidates often complain of not being able to remember the provisions/sections. Now, this is a matter of attitude. When one can remember film songs, sequences, dialogues, phone numbers, why not the section numbers? Students tend to read out of compulsion. Examinations are imposed on them. If it were not for examinations, would students have studied? Apply the attitude you have towards play to studies. The world will begin look different.
Strategies
Follow a strategy of study. Remember, you cannot study accounts independent of company law. Income-tax cannot be studied independent of accounting. Thus, these subjects are inter-related. You have to study all the subjects for the examination. Take, for example, the issue of shares by a company. Read provisions of company law from S. 55 onwards prospectus, contents, liabilities for misstatements, and so on till S.108. You would have grasped the legal requirements. Then work out problems in accounting on issue of shares at par, premium, discount, for consideration in other than cash, etc. Follow it up with audit of issue of share capital, resolutions to be passed, documents to verify, and so on.
Study the tax provisions for allowability of share issue expenses, etc. Thus, you would have covered the issue from all points of view. This may look cumbersome in the beginning, but once you get used to it, things become interesting. This way you will have covered a part of company law, a part of income-tax, part of auditing, as well as a part of accounting.
Group study
Group study can be helpful too. Form yourselves into groups of six. Thus six friends can cover six subjects. Rotate them among yourselves. Engage in group discussions. Subjects like tax, law, etc., can be tackled better this way. Use a marker to highlight the material items as and when you study it for the first time. When you read the second time, you can concentrate only on the highlighted part. Grammar is, of course, to be built in into the answer.
All subjects are important
One should realise that the candidate should pass in all subjects and secure 50 per cent in the aggregate to clear the examination. Scoring 90 per cent in one and 10 per cent in another, will lead you nowhere. Distribute time judiciously for all subjects.
Other activities
Each of us has hobbies. Spare some time for that. This will help you unwind. It increases productivity. Develop certain hobbies and pursue them. A light game, for instance, or a crossword puzzle. At the same time, know when to stop. Get your priorities right. A student should be physically fit, spiritually sound and mentally alert. Also, spare some time for fitness. You should be strong enough to withstand the stress and strain of hard work. Endurance is important.
Writing
Practise writing. What you read will prove futile if you cannot reproduce it on the D-day.
Eligibility tests
Eligibility tests are conducted by the ICAI to orient students for the exam. But students tend to circulate the question papers among themselves and write only those papers. Such a practice is not advisable. The ICAI requires the students to clear 10 papers to secure the eligibility but does not restrict them from writing more. A student can write as many papers as he wishes to. This will add to his or her confidence. The student should take the eligibility tests seriously. This will help you know your pitfalls.
The final charge
Generally, the pressure valve is turned on only after the candidate pays the examination fees. There is a lot anxiety, nervousness, and tension. If a candidate is well prepared, last minute blues can be avoided. The candidates should learn how to tackle each subject and perform accordingly. One should know which accounts need to be opened and how to reach the goal in the shortest possible route and quickly. Saying that you should pass 36 journal entries for amalgamation, 16 entries for issue of shares, etc., is unjustified. You should learn to play according to the wicket. Passing the CA examination should become a routine, much like other examinations. Passing in the first attempt should be the rule and not an exception.
By M V Kali Prasad at Hindu
By Dr N.K. agrawal
Notes:
Undertake mock tests-Try doing practical problems in examination conditions
Try practical problems (solved illustrations) without seeing solutions and then compare answers to evaluate your performance and take steps to remove shortcomings.
Note the important catch points which you think are important on a separate paper to revise at the final revision time before the exams.
Identify some problems which you want to practice on the last day before exam because it is not possible to revise all the problems on the last day
List out what you want to revise on the last day and make sure to revise them
For clarifications you may refer to Cost Accounting Text and problems by Dr N.K. Agrawal and study material of the Institute of Chartered Accountants of India.
General Guidelines while attempting the paper to get better results.
Read full question paper before attempting the answers.
Identify & attempt the question which in your opnion can be done comfortably as your first answer which should be your best attempt.. This will give you confidence and good impression to the examiner.
Divide your time for the questions as per the marks scheme say if the time allotted is 3 hours (i.e 180 minutes) for 100 marks. You need 5-10 minutes to read full question paper, 5-10 minutes to check the answer at the end when you have finished. So time available is say 170-160 minutes for the full paper. So for each mark you have only 1.70 to 1.60 minutes i.e. for 20 marks you have only 34 to 32 minutes. So plan your answers as per time schedule and take care to give each mark its due time. In case you are able to save time on some questions that can be used in other
Documents required to be submitted along with the ST-1 Application for the purpose of registration
1. Attention is invited to the documents required to be submitted alongwith the ST-1 application for the purpose of registration of service tax assessees. The following documents will be accepted for the proof of address and for establishing identity constitution of company.
2. The following documents are required to be submitted in case of Single/Centralised Registration:
a. Copy of PAN card of the assessee,
b. Residential addresses of proprietor/partners,
c. Memorandum of Association/Partnership deed,
d. Power of Attorney in respect of the Authorised Signatory, his name & Address details.
e. Proof of address of the premises for which single/centralised registration is being taken (Col 6 of ST-1). A copy of telephone bill, electricity bill, rent agreement in the name of the proprietor/ partnership firm (in case of proprietary/partnership concern) or document issued by any of the Central/State Government Department e.g. Income Tax / Sales tax / Registrar of Companies etc.
3. Further documents for Centralised Registration:
i) A duly notarised affidavit of the Company Secretary/MD/CEO or Partner or Proprietor, certifying that the assessee is keeping Centralised accounting or Centralised billing at the premises mentioned in column 6 of ST-1 under sub rule (2) and (3A) of rule of the Service tax Rules, 1994 (i.e for premises where centralised registration is being sought.) and that the addresses of the premises are as per the list provided,
ii) Where the number of branches is less than 10 in number per application/ amendment, the assessee may submit an affidavit, as mentioned in 3(i) above certifying that the list of addresses mentioned in Column 5 of the ST-1 are correct or provide proof of address as per 2(e) above.
4. Further, there is no need to submit all the above documents for addition/deletion of any service/branch - if already submitted to the Department earlier. However, in case of addition of new premises, the same maybe mentioned in affidavit as mentioned in 3(ii) above.
5. The authorised signatory of the applicant should ensure that all the columns in the ST-1, including the declaration, are duly completed. The entries should be correctly and legibly filled in order to avoid delay in issuance of the registration. Only legible copies of the documents be submitted to the department.
Wednesday, September 30, 2009 | |||||
Ministry of Finance | |||||
GIFTS OF PROPERTY (GIFTS-IN-KIND) AVOVE VALUE OF RS.50,000 BECOME TAXABLE FROM 1ST OCTOBER 2009 | |||||
16:14 IST | |||||
The Income Tax Act 1961 (the Act) has been amended with effect from 1st October 2009 to provide that any gift-in-kind, being an immovable property or any other property, the value of which exceeds Rs.50,000 (rupees fifty thousand), will become taxable in the hands of the donee, being an individual or a Hindu Undivided Family (HUF), as income from other sources under clause (vii) of sub-section 2 of section 56 of the Act. Therefore, any such person who receives a gift of any such property on or after 1st October 2009 must pay the income tax due on the value of the gift and disclose the taxable value of such property in the return of income for assessment year 2010-11 and subsequent years. The following types of gifts will, however, not be subject to tax, i.e. gifts (a) from a person who is a relative; (b) on the occasion of marriage of the individual; (c) under a will or by way of inheritance; (d) in contemplation of death of the donor; (e) from any local authority as defined in the Explanation to section 10(20) of the Act; (f) from any fund or trust established under section 10(23C) of the Act; (g) from any trust or institution registered under section 12AA of the Act. Relative is defined in the Act as (i) spouse; (ii) brother or sister; (iii) brother or sister of the spouse; (iv) brother or sister of either of the parents; (v) any lineal ascendant or descendant; (vi) spouse of any of the relative at clauses (ii) to (v); of the individual. Gifts received from these relatives will not be subject to tax. Earlier cash gifts exceeding Rs.25,000 were subject to tax with effect from 1st April 2004. Later the Act was amended with effect from 1st April 2006 to tax all cash gifts having aggregate value exceeding Rs.50,000. Cash gifts also enjoy exemptions as is available for gifts-in-kind. |
29th September, 2009 Nominations received till the last date and time i.e. 24 Details of region-wise persons whose nominations have been received, within the appointed time and date i.e. 6:00 p.m. on 24 I. TWENTY FIRST COUNCIL CONSTITUENCY NO. I - WESTERN INDIA REGIONAL CONSTITUENCY Name Membership No. Place CA. Adukia Rajkumar Satyanarayan 34769 Mumbai CA. Agarwal Brijmohan 33254 Mumbai CA. Arun Anandagiri 116887 Pune CA. Bansal Krishan Lal 49311 Pune CA. Bheda Atul Chunilal 38108 Mumbai CA. Buch Durgesh Vamanray 37899 Ahmedabad CA. Chhajed Prafulla Premsukh 47690 Mumbai CA. Deshpande Chintamani Vasudeo 43299 Pune CA. Doshi Bhavana Gautam (Ms.) 30144 Mumbai CA. Ghia Tarun Jamnadas 35489 Mumbai CA. Gokhale Jayant Purushottam 33767 Mumbai CA. Jain Pankaj Inderchand 48850 Mumbai CA. Jaju Shrikant Lalchand 43916 Nashik CA. Jambusaria Nihar Niranjan 35520 Mumbai CA. Madkholkar Mahesh Keshav 45305 Thane CA. Maheshwari Sanjeev Krishnagopal 38755 Mumbai CA. Rathi Bal Kishan 84361 Surat CA. Sarda Mahesh Pansukhlal 15145 Rajkot CA. Shah Dhinal Ashvinbhai 45341 Ahmedabad CA. Shah Dilipkumar Vadilal 34294 Ahmedabad CA. Shah Hardik Pravinkumar 109920 Surat CA. Shah Jaydeep Narendra 41002 Nagpur CA. Shah Raju Chandrakant 39024 Ahmedabad CA. Thakkar Ashokkumar Rameshchandra 48169 Vadodara CA. Vikamsey Nilesh Shivji 37665 Mumbai CA. Zaware Shiwaji Bhikaji 14528 Pune CONSTITUENCY NO. II - SOUTHERN INDIA REGIONAL CONSTITUENCY Name Membership No. Place CA. Ambika S. (Ms.) 209661 Hyderabad CA. Balasubramaniam G. 21390 Chennai CA. Daga Shanti Lal 11617 Hyderabad CA. Devaraja Reddy M. 26202 Hyderabad CA. James V.C. 22565 Ernakulam (Kochi) CA. Madhava Murthy K.S. 29946 Bangalore CA. Madhubala Nahar (Ms.) 26355 Chennai CA. Madhukar Narayan Hiregange 27409 Bangalore CA. Murali V. 25952 Chennai CA. Raghu K. 200145 Bangalore CA. Raghunathan S. 19485 Chennai CA. Rajendra Kumar P. 204314 Chennai CA. Ramaswamy G. 23076 Coimbatore CA. Santhana Krishnan S. 19071 Chennai CA. Suneel Kumar Appaji 205394 Hyderabad CA. Venkateswarlu J. 22481 Hyderabad CONSTITUENCY NO.III - EASTERN INDIA REGIONAL CONSTITUENCY Name Membership No. Place CA. Agrawal Subodh Kumar 54670 Kolkata CA. Bandyopadhyay Abhijit 54785 Kolkata CA. Chunder Suvendu 56093 Kolkata CA. Dokania Gopal Prasad 50764 Kolkata CA. Guha Sumantra 55753 Kolkata CA. Haldar Nirupam 3755 Kolkata CA. Jain Vikash 56982 Kolkata CA. Khandelwal Kashi Prasad 50244 Kolkata CA. Mitra Debashis 53649 Guwahati CA. Shah Mahesh 50908 Kolkata CONSTITUENCY NO. IV - CENTRAL INDIA REGIONAL CONSTITUENCY Name Membership No. Place CA. Agrawal Dhruva Kumar 87665 Noida CA. Bhansali Sudhir 73267 Jaipur CA. Fadnis Manoj 72707 Indore CA. Garg Vijay Kumar 76387 Jaipur CA. Goyal Anuj 75710 Ghaziabad CA. Gupta Akshay Kumar 70744 Kanpur CA. Gupta Kamal Raj 70176 Kanpur CA. Gupta Satish Kumar 72990 Jaipur CA. Holani Ravindra 73288 Gwalior CA. Kapoor Raj 76113 Lucknow CA. Lohani Ashutosh 77600 Lucknow CA. Raniwala Ravindra 73191 Jaipur CA. Satish Kumar 75486 Patna CA. Sharma Prakash 72332 Jaipur CA. Sharma Vikas 77469 Kanpur CA. Vashisht Amresh Kumar 72739 Meerut CA. Vijaywargiya Ashok 70862 Gwalior CONSTITUENCY NO. V - NORTHERN INDIA REGIONAL CONSTITUENCY Name Membership No. Place CA. Agarwal Sanjay Kumar 85252 New Delhi CA. Agarwal Sudhir Kumar 88583 Delhi CA. Chandak Kanhaiya Lal 9683 Delhi CA. Chopra Amarjit 16984 New Delhi CA. Garg Baldev 92225 Chandigarh CA. Gaur Ravindra Kumar 72146 Delhi CA. Gupta Bhagwan Das 86260 Delhi CA. Gupta Naveen N.D. 93777 New Delhi CA. Gupta Rekha Kumari (Ms.) 76971 Delhi CA. Gupta Vijay Kumar 86481 Faridabad CA. Jain Vinod 81263 New Delhi CA. Kaushal Kishore 90075 Gurgaon CA. Munjal Naresh Kumar 82147 New Delhi CA. Nanda Charanjot Singh 89658 New Delhi CA. Tyagee Pankaj 502257 New Delhi CA. Verma Ashok Kumar 82084 Frankfurt am Main (Germany) II. TWENTIETH REGIONAL COUNCILS Name Membership No. Place CA. Agarwal Subhash Hariprasad 36130 Mumbai CA. Agarwal Vishnu Kumar 114630 Mumbai CA. Apte Dilip Moreshwar 34624 Pune CA. Bhandari Anil Satyanarayan 104644 Mumbai CA. Brahme Sanjiv Gangadhar 31719 Dombivali CA. Chhaira Jay Ajit 103559 Surat CA. Dhamankar Pramod Dattatray 34892 Vasai CA. Dodhia Vandana Vershibhai (Ms.) 104000 Mumbai CA. Gandhi Dinesh Balkrishna 44008 Pune CA. Hegde Nandkishore Chidamber 40197 Mumbai CA. Jain Ashok Chand 43442 Mumbai CA. Jain Sandeep Kailashchand 110713 Mumbai CA. Jaju Shrikant Lalchand 43916 Nashik CA. Joshi Makarand Madhusudhan 47196 Nagpur CA. Joshi Shriniwas Yeshwant 32523 Mumbai CA. Kabra Durgesh Kumar 44075 Mumbai CA. Kala Jayesh Umedmal 101686 Mumbai CA. Kedia Subhash Kumar 52579 Mumbai CA. Khandelwal Dhiraj Kumar 105591 Mumbai CA. Kinare Mangesh Pandurang 45481 Mumbai CA. Lalan Sanjeev Dungarshi 45329 Mumbai CA. Limaye Milind Yashwant 105366 Pune CA. Majithia Neel Pankaj 122626 Mumbai CA. Mantry Kailash Shankarlal 36665 Mira Road CA. Mehta Mahendra 42990 Mumbai CA. Mishra Narottam Lal 44896 Mumbai CA. Modi Mitishkumar Sanmukhlal 45765 Surat CA. Pagariya Ashokkumar Nensukh 34311 Pune CA. Paliwal Dayaram 109393 Bhayandar CA. Pamnani Chandrakant Harnamdas 39906 Ahmedabad CA. Patel Amrish Jashvantlal 32908 Ahmedabad CA. Patel Bhailalbhai Kanjibhai 32199 Ahmedabad CA. Pathak Nitin Maheshkumar 37802 Ahmedabad CA. Patodia Sunil Kumar 45489 Mumbai CA. Pawar Chandrakant Vasant 107703 Nashik CA. Ramesha Shetty 204538 Mumbai CA. Raval Parag Rajnikant 44902 Ahmedabad CA. Shah Julfesh Madhusudan 101558 Nagpur CA. Shah Rajesh Navnitlal 44892 Vadodara CA. Shah Shardul Dilip 113860 Mumbai CA. Shah Shruti Jayesh (Ms.) 101499 Mumbai CA. Sharma Radhey Shyam 49286 Mumbai CA. Sharma Umesh Ramnarayan 104605 Aurangabad CA. Shenoy Anand Pundalik 40777 Mumbai CA. Upasani Charuhas Dwarkanath 42761 Pune CA. Vaidya Kashyap Krishnaprasad 32032 Mumbai CA. Verlekar Gautam 113029 Margao Goa CA. Vyas Yamal Ashwinkumar 35033 Ahmedabad SOUTHERN INDIA REGIONAL COUNCIL Name Membership No. Place CA. Alagappan V. 200546 Tiruchirapalli CA. Amrit Kumar K. 200605 Hyderabad CA. Aruloli P.R. 200468 Chennai CA. Babu Abraham 26973 Kochi CA. Chakra Pani B 23598 Hyderabad CA. Gopal Krishna Raju 205929 Chennai CA. Gopalakrishnan T.R. 207024 Chennai CA. Jose V X 203068 Kochi CA. Mohamed Shafi M.A. 13199 Chennai CA. Murali S. 215636 Coimbatore CA. Muralidharan K.P. 27923 Chennai CA. Nagaraja Gupta P.V. 25258 Bangalore CA. Naresh Chandra Gelli V. 201754 Hyderabad CA. Pankaj Kumar Trivedi 28392 Hyderabad CA. Phalguna Kumar E. 20278 Tirupati CA. Prasanna Kumar D. 23999 Visakhapatnam CA, Rajgopal A. 205296 Bangalore CA. Rajarajeswaran P.V. 25264 Madurai CA. Ramamoorthy V. 18928 Chennai CA. Ranjit Karthikeyan M R 201680 Thiruvananthapuram CA. Satyanarayana GVV 24021 Vijayawada CA. Shanmukha Sundaram K. 26847 Coimbatore CA. Shenbagamoorthy C. 23719 Sivakasi CA. Sivakumar R. 23801 Chennai CA. Srinivas C.S. 205804 Bangalore CA. Sumermal D. Ostawal 24449 Hubli CA. Sunil Kumar Jain P. 23348 Chennai CA. Suresh Kumar N. 213640 Kollam CA. Suresh P.R. 27488 Bangalore CA. Tara Chand Mehta 24918 Bangalore CA. Thomachen T.A. 26256 Thrissur CA. Tony M P 205217 Thrissur CA. Umamaheswara Rao O.K. 210744 Chennai CA. Venkatesu Reddy T. 206975 Tirupati CA. Viswanath K. 22812 Bangalore EASTERN INDIA REGIONAL COUNCIL Name Membership No. Place CA. Agarwal Ranjeet Kumar 59869 Kolkata CA. Bhattacharyya Krishanu 59934 Uttarpara CA. Bhattacharyya Prasun Kumar 53002 Kolkata CA. Chatterjee Anindra Nath 55985 Kolkata CA. Das Samar Kumar 51011 Kolkata CA. Ghosh Chandan 56438 Kolkata CA. Goyal Sushil Kumar 57534 Kolkata CA. Jain Sonu (Ms.) 60015 Kolkata CA. Jhunjhunwala Rajesh Kumar 55762 Cuttack CA. Khator Rishi 56529 Kolkata CA. Kothari Raj Kumar 55208 Kolkata CA. Mehrotra Namrata (Ms.) 58130 Kolkata CA. Rungta Pramod Dayal 56069 Kolkata CA. Sahoo Sunil Kumar 56068 Bhubaneswar CA. Saraf Subhash Chandra 52244 Kolkata CENTRAL INDIA REGIONAL COUNCIL Name Membership No. Place CA. Agarwal Dinesh Chandra 71263 Udaipur CA. Agarwal Nitish 400088 Abu Road CA. Agrawal Brij Mohan 87414 Noida CA. Agrawal Laxmi Narayan 78427 Durg CA. Agrawal Manu 72814 Kanpur CA. Gaddhyan Vinod Kumar 70457 Ranchi CA. Garg Umesh Kumar 73517 Agra CA. Ghiya Sanjay Kumar 72467 Jaipur CA. Golechha Ankush Prakashchandra 111980 Raipur CA. Goyal Vijay Prakash 70893 Jodhpur CA. Gupta Manish 92257 Noida CA. Jain Pradeep Kumar 404107 Jaipur CA. Kanungo Pawan Kumar 74315 Jaipur CA. Khandelwal Ajay Kumar 76901 Bhopal CA. Khanna Vivek 75240 Kanpur CA. Kushwah Mukesh Singh 96656 Ghaziabad CA. Lodha Rakesh Kumar 76255 Udaipur CA. Mahato Nawal Kishore 405832 Jamshedpur CA. Maheshwari Om Prakash 73201 Jodhpur CA. Mishra Ajai Kumar 77060 Varanasi CA. Mittal Vinay 78907 Ghaziabad CA. Parashar Pawan 73384 Jaipur CA. Pradhan Anubhav 113980 Ujjain CA. Rameshwar Prasad Vijay 72635 Jaipur CA. Sethiya Indra Mal 36271 Jaipur CA. Sharda Natwar Kumar 76070 Jaipur CA. Shrivastava Nishant 406540 Noida CA. Shukla Dinesh Chandra 72308 Kanpur CA. Singh Kamendra Kumar 52939 Patna CA. Soni Kemisha (Ms.) 78005 Indore CA. Srivastava Rajesh Kumar 74797 Lucknow CA. Vyas Nitin 79819 Jaipur NORTHERN INDIA REGIONAL COUNCIL Name Membership No. Place CA. Agrawal Deen Dayal 48545 New Delhi CA. Agrawal Durga Das 85575 Delhi CA. Agrawal Rajesh Kumar 89057 New Delhi CA. Agrawal Sanjay Kumar 506604 New Delhi CA. Agrawal Sunil Kumar 93851 Delhi CA. Anil Kumar 91593 Bahadurgarh CA. Ashvani Kumar 511712 Delhi CA. Bansal Puneet Kumar 506598 Delhi CA. Bansal Radhey Shyam 91903 Delhi CA. Chawla Raj Kumar 90460 Samalkha CA. Choudhary Mahak Singh 505312 New Delhi CA. Chugh Hans Raj 88646 New Delhi CA. Garg Vishal 501557 Ludhiana CA. Goel Rajiv 97431 Delhi CA. Goyal Rajan 95327 Barnala CA. Gupta Atul Kumar 97009 Delhi CA. Gupta Rekha Kumari (Ms.) 76971 Delhi CA. Gupta Suresh Kumar 83371 New Delhi CA. Jain Gaurav 506695 Delhi CA. Jain Neeraj 99581 Delhi CA. Kedia Gopal Kumar 54629 New Delhi CA. Khetrapal Rashmi (Ms.) 97683 Gurgaon CA. Khurana Gaurav Singh 510707 Delhi CA. Maheshwari Pramod Kumar 85362 New Delhi CA. Mittal Mohan Lal 85705 New Delhi CA. Narang Rajinder 91043 Fatehabad CA. Seth Raman Kumar 87572 Chandigarh CA. Sharma Rajesh 98258 Delhi CA. Varshney Rakesh 96012 Delhi It may be noted that the said details only indicate the receipt of nominations in time and one has to wait for the list of Valid Nominations to be issued on 9 9 T. KARTHIKEYAN | Ashwin Nagar | FCA and SAP-FICO\SEM-BCS | Success is not permanent and failure is not final Ph: India: +91-98330-15352 US: +1-323-325-4111 --- बुध, 30/9/09 को, RAJESH DUDHARA & CO. <sachnam@dataone.in> ने लिखा:
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Empanelment of Concurrent Auditors / Revenue Auditors for Bank of Maharashtra. BANK OF MAHARASHTRA invites applications from practicing firm...