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Experts Query Daily Digest : 27 March 2015
Posted by : Vishal
Posted On : 3/27/2015 11:33:57 AM
Closing stock valuation
Dear Sir,
Our company is into trading of goods. the goods are imported and then transferred to 15 different states , where they are sold locally.
Now while valuing the closing stock at HO as well as different branches, we can do it in two ways

1.Value them at Cost + clearing & handling cost + Custom duty.

2. Above cost + Railway freight from port to the respective state + secondry freight from station to godown.

Which is correct as per AS 2. the second method becomes very complicated for accounting purpose.

Posted by : Anonymous
Posted On : 3/27/2015 10:02:31 AM
Depreciation calculations for fy 2014-15 as per co act 2013
Dear Sir,

kindly Explain the Depreciation calculation in excel with example how to calculate for fy 2014-15 Balance Sheet finalisation, What would be the carrying amount of Assets & Residual Value?

Posted by : Anonymous
Posted On : 3/27/2015 9:36:52 AM
Installation and testing agreement
Dear Sir,

Any body we need foreign company to indian company write agreement for car Audio player Install and testing Only.
Posted by : davender
Posted On : 3/27/2015 8:59:03 AM
Request for suggestions
Sir I has retired from IAF after completing 20 yrs of service from their I had recived appx 16L,I had got my own old savings in cash, my wife was also self employed with non taxable income.I had retired in ur 2011 Jan and their after I had withdrawn,transferred,utilised amount during Han 11 to Dec 12.i had another account in another bank with my wife's name first in account in that account I had deposited around 15 L in cas in two different parts in ur 2012 August than same was withdrawn for purchase of house In that joint account my PAN no is not mentioned only my wife's PAN is given.I had received a notice in against my wife's PAN card for that account regarding cash deposits.Now that deposited amount belongs to me and my wife's old savings both,Please guide how to reply on that ITR issue because that is asking whether this amount belongs to you or to other PAN no.Thanks waiting for reply eagerly.

Posted by : Anonymous
Posted On : 3/27/2015 3:46:40 AM
Bank reconcilation statemnt
in my pvt ltd co these are the balances as on 31-03-13
unsecured loan Cr 25.00 lacks
investment dr 25.00 lacks

I received on 31-03-2014 chq of Rs 25.00 lacks from investment which was presented in April/may 2014 similar I issued chq of rs 25.00 lacks on 31-03-2014 to unsecured loans which was cleared on April/may 2014

I taken both dr/cr of unsecured /investment as nil on 31-03-2014

is this the right way

i think BRS suffient to prove entries

kindly guide

Posted by : santosh
Posted On : 3/27/2015 12:17:47 PM
Statutort bank branch auditors allocation
Is there any date that within that date the auditor has to received bank audit allocation letter
Posted by : santosh
Posted On : 3/27/2015 12:16:26 PM
Stock audit report
can u please send me the format of stock audit report and the check list. . Thanks in advance
Posted by : Yogeesha P
Posted On : 3/27/2015 11:11:10 AM
Applicability of tax audit
Dear sir/mam

is tax audit applicable for bank commission agents(partnership firm) whose annual turnover is 30 laks?
Income Tax

Posted On : 3/27/2015 12:16:04 PM
Deduction of principal u/s 80c
If a Person owns three properties viz. Two residential properties and one is Commercial.The commercial Property is Let out and One residential property is self occupied and third one (Residential) is vacant. Loans are running against the commerical porperty and the vacant residential property. self occupied property is free from loan. What will be the tax treatment of Interest and Principal amounts of loan in respect of deduction u/s 24 and u/s 80c. and if the vacant proprty is sold out within two years of its purchase.
Posted by : Deepak
Posted On : 3/27/2015 12:08:56 PM
Franchisee & franchisor
1.1 Franchisee shall pay to Franchisor during the term of this Agreement a continuing monthly royalty fee equal to seven percent (7%) of Franchisee's monthly "Gross Income," as that term is defined below (the “Royalty Fee”).
1.2 As used in this Agreement, “Gross Income” shall be defined as follows:
1.2.1 Gross Income includes all revenue derived by Franchisee from the sale of any and all courses, products, and services, and other business transacted in, on, or from the Premises, and all other income that is related directly or indirectly to the Center and any affiliated operations (including, without limitation, revenue derived from the sale of photography, composite cards, management fees, internet programs, cosmetics, skin care and hair care products, pageants, portfolios, conventions, and seminars), whether for cash or credit, without deduction of any kind, except for deduction for uncollectible tuition or enrollment. Cancellations shall be deductible from Gross Income only to the extent Franchisee is obligated to refund monies already collected. Gross Income shall be based only on amounts received by Franchisee, and shall not include any amounts attributable to or offsets for deferred or accrued student tuition. Gross Income also shall not include any sales taxes or other taxes collected from customers by Franchisee and paid directly to the appropriate taxing authority. With respect to model agency operations, the Net Income (defined below) derived from the operation of the agency business and affiliated operations (including, without limitation, revenue derived from photography, composite cards, management fees, internet programs, cosmetics, skin care and hair care products, pageants, portfolios, conventions, and seminars, and secondary and related agencies) shall be included in Gross Income. "Net Income," shall be defined as the total amount billed to agency clients of any and all fees, minus total payments to models for corresponding bookings.
1.3 Except as otherwise provided herein, all payments by Franchisee to Franchisor shall be in U.S. Dollars. Payments shall be computed in U.S. Dollars, converted to U.S. Dollars, and then transmitted (or, at Franchisor’s election, debited as described in Section 5.4 above) to a bank account that Franchisor has designated in writing (the "Bank Account"), which, at Franchisor's election, may be in the United States. For purposes of calculating any payment that requires conversion from local currency to U.S. Dollars, local currency shall be converted to U.S. Dollars at the electronic transfer selling rate of U.S. Dollars of a major commercial bank within the Licensed Territory (or, if such bank no longer provides such a rate, then such substitute major bank in the region that is reasonably acceptable to Franchisor) on the date payment is due (or, if that is not a business day, the immediately preceding business day). However, if a payment is transmitted after the date payment was originally due, the currency exchange rate used shall be the rate as of the date payment was originally due or the rate as of the date the payment is transmitted, whichever rate yields the larger amount in U.S. Dollars. Franchisee shall bear the cost of conversion and remittance of payments to the Bank Account. Franchisee shall, at its own cost, make application for, and obtain, any necessary permissions, approvals, or other authorization needed in order to make timely payment, in accordance with the provisions of this Agreement, from the Territory to the Bank Account.
1.4 Any payment not actually received by Franchisor on or before the date required by this Agreement shall be deemed overdue. Time is of the essence with respect to all payments to be made by Franchisee to Franchisor. All unpaid and overdue obligations under this Agreement shall bear interest from the date due until paid at the greater of: (a) five hundred (500) basis points above the one (1) year London Inter-Bank Offered Rate (LIBOR) as reported in The Wall Street Journal on the date when payment is due; (b) five hundred (500) basis points above the one (1) year LIBOR as reported in The Wall Street Journal on the date when paid; or (c) the prime commercial rate of interest within the Licensed Territory, as established by the Reserve Bank of India or such other bank as Franchisor shall reasonably designate in writing. Entitlement to such interest shall be in addition to any other remedies Franchisor may have. Notwithstanding anything to the contrary contained herein, no provision of this Agreement shall require the payment or permit the collection of interest in excess of the maximum rate allowed by applicable law.
1.5 All payments by Franchisee to Franchisor shall be made without any deduction for any taxes, except that Franchisee shall deduct and pay to the appropriate authorities, on Franchisor’s behalf, any taxes that Franchisor may owe under the laws of the Licensed Territory and that Franchisee is obligated to withhold, and Franchisee shall provide Franchisor with the original copy of the official receipt(s) or other evidence issue by (or under the authorization of) the taxing authorities relating to payment of such taxes. (Franchisee further agrees that it shall fully cooperate with Franchisor in providing Franchisor with such complete and accurate information, and documents, that Franchisor may reasonably request in order to assist Franchisor in claiming the appropriate credits from Franchisor’s income tax obligations in the U.S. with respect to taxes Franchisor pays to the authorities in the Licensed Territory.) If Franchisee fails to pay such taxes, it shall indemnify Franchisor for the full amount of such taxes, including any losses occasioned by Franchisee's failure to withhold any taxes imposed on amounts payable by Franchisee under this Agreement, and for any liability (including penalties, interest, and expenses) arising from or concerning the payment of such taxes. All other taxes imposed on payments by Franchisee to Franchisor, including but not limited to value added taxes, consumption taxes, services taxes, cess, and sales taxes, which may be imposed now or in the future under the laws of the Licensed Territory or any taxing authority therein, shall be Franchisee's sole responsibility, and Franchisee shall transmit such taxes to the appropriate authorities. Such taxes shall not affect Franchisee's obligation to make payments to Franchisor as required under this Agreement.
1.6 If any governmental authority having jurisdiction in the Licensed Territory imposes restrictions on payment in or the transfer of U.S. Dollars to places outside the Licensed Territory, Franchisor and Franchisee shall cooperate in an effort to find a substitute currency and/or method of payment which is a reasonable substitute. If a reasonable alternative is not adopted by mutual agreement within one hundred eighty (180) days after the imposition of such restrictions, the parties agree that Franchisor shall have the right to terminate this Agreement.
2.1 Franchisee shall prepare and shall preserve for at least seven (7) years after the expiration or termination of this Agreement or any renewal term, full, complete, and accurate books and records in such form as may be prescribed by Franchisor in the Manuals or otherwise in writing. All data provided by Franchisee to Franchisor will be owned exclusively by Franchisor, and Franchisor shall have the right to use such data in any manner that Franchisor deems appropriate without compensation to Franchisee .
2.2 Franchisee shall, at Franchisor's expense, submit to Franchisor in the form prescribed by Franchisor, the following reports, financial statements and other data:
2.2.1 A Royalty Fee report, in the form prescribed by Franchisor in the Manuals or otherwise in writing, accurately reflecting the Gross Income of the Center during the preceding calendar month;
2.2.2 Within ninety (180) days after the end of Franchisee's fiscal year, a compiled financial statement prepared in accordance with international generally accepted accounting principles, to include a balance sheet, income statement, statement of cash flows (with necessary footnotes), and such other financial statements and information as Franchisor may require in the Manuals or otherwise in writing, prepared by an independent certified public accountant approved by Franchisor, showing the results of operations of the Center during such fiscal year. Franchisor reserves the right in its sole discretion to require Franchisee to prepare, in lieu of an annual compiled financial statement required in this Section 8.2.2, an annual financial statement prepared on a review or audited basis by an independent international accounting firm that is reasonably satisfactory to Franchisor. Franchisor will have to bear the fees to be paid to the international accounting firm and other expenses to be incurred to facilitate the said process.
2.2.3 For the first two (2) years of operation of the Center, Franchisee shall provide Franchisor with unaudited quarterly fiscal period balance sheets and fiscal period profit and loss statements within thirty (30) days after the end of each fiscal quarter.
2.3 Franchisee shall maintain at all times on the Premises of the Center, and shall make available from time to time at Franchisor's request, all books, records, tax returns and control systems relating to Franchisee's operation of the Center, and shall allow Franchisor to make copies or extracts therefrom. Franchisor or its agents, without prior notice, may audit Franchisee's books, operational and other records, tax returns and other financial statements. If such audit reveals that any payments have been understated in any report to Franchisor, then Franchisee shall immediately pay to Franchisor the amount understated upon demand, in addition to interest from the date such amount was due until paid, at the rate of 1 ½ % per month, or the maximum rate permitted by law, whichever is less. Audits shall be made at Franchisor's expense unless the audit reveals an understatement or more than three percent (3%) of Franchisee's actual Gross Income for three (3) consecutive months. In such event, Franchisee shall reimburse Franchisor for all expenses incurred in connection with the audit, including, but not limited to, accounting fees, legal fees, and travel costs.
3.1 Franchisee shall pay when due all taxes levied or assessed, including, without limitation, unemployment and sales taxes, and all accounts and other indebtedness of every kind incurred by Franchisee in the operation of the Center. Franchisee shall pay Franchisor an amount equal to any sales tax, gross receipts tax, or similar tax (other than income tax) imposed on Franchisor with respect to any payments to Franchisor required under this Agreement, unless the tax is credited against income tax otherwise payable by Franchisor.
3.2 Franchisee shall comply with all applicable laws, rules, and regulations in the Licensed Territory, and shall timely obtain any and all permits, certificates, or licenses necessary for the full and proper conduct of the Center including, without limitation, licenses to do business, fictitious name registrations, sales tax permits, and fire clearances.

1. Is it advisable to transfer/repatriate royalty fee and other remittances to US in USD or INR?
2. What are the restrictions on USD/INR repatriation in the form of Royalty Fee?

3. What are the compliances to be done by the Franchisee to ensure repatriation of Royalty Fee as per the agreement?
4. Are there any compliances to be done by the Franchisor?What are the tax implications?
5. Is it advisable to complete those compliances and record them in the Agreement prior to its execution?
6. What are the taxes which are liable to be paid by the Franchisee in this transaction and if so, at what rates?
7. What are the taxes liable to be paid by the Franchisor in this taxation, if at all it has to pay any taxes in India, and if so, at what rates?
8. What are the accounting standards to be applied to such a transaction in India and are the clauses regarding accounts in tune with the said standards?
Posted by : Monica Hemrajani
Posted On : 3/27/2015 12:05:25 PM
Tds on rent and maintenance
Whether TDS needs to be deducted u/s 194 C on maintenance charges if there are two separate agreements of Rent and maintenance Charges to the same Person. Please provide relevant case law or section for the same.

Thanks in advance

Posted by : Anonymous
Posted On : 3/27/2015 12:03:43 PM
Prosecution launch u/s 276cc & 276c (2)
Dear experts,
One of our client (salary person) deposited the self assesment tax for the FY 2012-13 on Aug 2013 for Rs 250000(with interest).He was issued notice earlier for penalty u/s 140A & 221 & then show cause of prosecution.
After submitting reply for both the notces .
We were given a demand of Rs 25000 as penalty for the above mistake , which we deposited on same day.
Now after two months We are given a summon to appear in court for avoiding prosecution. Is this justified on part of income Tax commisiioner?? an urgent reply will be appreciated.


Posted by : Anonymous
Posted On : 3/27/2015 11:59:12 AM
Capital gains
Ancestral property held by the husband for more than 10 years is transferred to his wife by way of gift in 2014 and the property was sold in 2015

Is it a STCG or LTCG

What will be the cost of acquisition, either gifted amount or cost of acquisition by her husband’s father

Posted by : Anonymous
Posted On : 3/27/2015 11:58:06 AM
Section 35 d prelimenary expenses
Dear Sirs ,

We have incurred around Rs 50000 expenses before incorporation. We have authorized capital of 5 lakh and paid up capital of 5 lac.We don not have any fixed assets as such. Is there a way we can claim all Rs 50000 as prelimenary expenses (as all of this occured in formation of Company)

Posted by : Anonymous
Posted On : 3/27/2015 11:56:51 AM
Tax saving options after sale of commercial properrty
After I sell my shop what are the tax saving options I have? Pl. advise.
Posted On : 3/27/2015 11:42:05 AM
Subscription to nsc in the name of minor son

Posted by : Apoorva Gaurav
Posted On : 3/27/2015 11:17:40 AM
Taxability of dairy.
Dear Sir/Mam

Whether income generated from sale of raw milk to retail consumers taxable???

Posted by : vijay chauhan
Posted On : 3/27/2015 10:49:19 AM
the opening value of
depreciated asset is 100
-sale (30)
WDV 70
Depreciation(Additionl +
Normal ) (70)`
Closing depreciated value nil

So sir my question is that When we sale the plant in next FY will capital gain attracted ???

Posted by : CA Shyam Agarwal
Posted On : 3/27/2015 9:57:03 AM
Regarding journal entry for land received as donation
Hello Friends
A trust registered u/s 12A received a land as a donation for running the school (i.e. For charitable purpose) so plz tell me what journal entry will pass in book of A/c.

waiting your reply
Posted On : 3/27/2015 9:34:33 AM
car purchase on 11/2/2013 but didn't showned in ay 2012-13. now how to calculate depreciation under fy 2013-14?

Posted by : Anonymous
Posted On : 3/27/2015 8:46:31 AM
I have query related to advocate(consultant) that provides all the services of accounts, income tax return,sales tax return, service tax return, tds return and audit to specific clients. For that,consultant appoint person like C.A and Advocate by consultant for Returns and Auditing work. My simple question is do that advocate firm charge their bill of accounts, returns and audit instead of giving separate bills of other Advocate & CAs ??

Posted by : siva
Posted On : 3/27/2015 2:37:37 AM
Staff housing loan from private company - 80c,24(b)
An employee got housing from employer(A Private company). Company gave a certificate showing interest and principal split. 80C is not allowed because of private company. Can interest be claimed u/s 24(b)?
Service Tax

Posted by : Anonymous
Posted On : 3/27/2015 12:19:05 PM
Service tax on gta
Dear all
if freight paid to transport company less then 1500. does freight payer not liable to pay 25% ST under reverse charges.
is this correct or not please confirm..

Posted by : Rajiv Kr. Saini
Posted On : 3/27/2015 11:38:56 AM
“business auxiliary service”

Question: "X" company has given a work order to "Y" company for Rs.1,00,000+ S.Tax to arrange tower crane for "A" Contractor Company.

Further, "Y" company raised invoice with S. Tax @ 12.36% on Rs. 1 Lac to "X" Company as per terms & condition mentioned in work order.

Now the work order has a clause that the total cost of the Tower Crane to be debitted to "A" Contractor Company.

Hence, "X" company want to raise a Debit Note to "A" contractor company as per Business Auxiliary Service to recover the Total Amount. Please advise for what amount Debit note should be raised?


Posted by : Rajiv
Posted On : 3/27/2015 8:45:19 AM
Cenvat on rent a cab

Posted by : hemant gawale
Posted On : 3/27/2015 12:02:16 AM
Service tax on works contracts
We receive Service tax on Works contract on different rates such as 2.472% 3.708% and 4.944% on billing to Oil Companies
Some contracts are of maintenance some are new construction etc.
My question is how to Fill up these in Return ST in services provided as we offer only on category of service i.e. Works contract service

Please Guide and oblige
Corporate Law
Posted by : Nikhil Shand
Posted On : 3/27/2015 12:08:54 PM
Section 180 (1) (c) of the companies act, 2013
Please provide the answer to the query As per sec 180(1)(c) wordings the money to be borrowed together with the money already borrowed if exceeds the paid up share capital and free reserves of the company, requires special resolution. Now, If the company has a past borrowings which already exceeds the limit above, whether we still need the special resolution for that old borrowings and that to should be filled with Roc within the stipulated time?
Posted by : Rabia Gupta
Posted On : 3/27/2015 11:44:28 AM
In conversion of Public company into Private Company, What are the required clauses to be amended in AOA & MOA..?

Posted by : Anonymous
Posted On : 3/27/2015 11:33:18 AM
Icwai regulations
A Cost Accountant is employed in the flagship company of a Group as AGM (Fin & Acct). The Group Chairman wants him to become Director in some other companies under the Group at the same time. Is there any bar on holding Directorship in any associated/not-associated company by a Cost Accountant in employment as per Law or Guidelines of ICWAI? Whether any permission from the ICWAI to be taken?

Posted by : Khushboo Maheshwari
Posted On : 3/27/2015 11:31:32 AM
Our Company has three whole time KMPs - Manager, CFO and CS. In one our subsidiaries we had increased our paid up capital to 25 crores in March 2015. Section 203 says A whole-time key managerial personnel shall not hold office in more than one company except in its subsidiary company at the same time.

Can we appoint the above three KMPs in our subsidiary also as KMPs?

Please advice

Posted by : Divya Sethi
Posted On : 3/27/2015 11:07:55 AM
Appointment of first auditor
Whether Roc Compliances are required to be filed in case of First Auditor? If Yes then please mention the same.

Posted by : Anonymous
Posted On : 3/27/2015 10:42:30 AM
Appointment of managing director
we are in the process of appointing the director of private company as managing director.we have a clarification that schedule V of companies act ,2013 applies to the private company.whether part -I of the Schedule V is only applicable or not.
Posted by : P B IYER
Posted On : 3/27/2015 8:57:25 AM
Can the deposits declared in DPT-4 repaid by issue of shares , in case of a pvt ltd co. ??
Posted by : Burhanuddin Bohra
Posted On : 3/27/2015 11:54:25 AM
Need guidance for ca final
I an going to appear CA final in may 2016. I am very confused as how to start. plz suggest me which is best classes for all the subject. further whether do to classes or self study? plz suggest me on urgent basis.

Posted by : Anonymous
Posted On : 3/27/2015 11:34:51 AM
Article termination
hi.. am doing 1st year of my article ship .. 8 months over.. can i terminate my article and take a break of 2 months for my exams ... then join some other firm for my articles after 2 months ..
am i allowed to do so ?
can i take a break of 2 months in between my article ship period?
instead of taking leave am terminating from my present employer and joining new firm after 2 months ?
please suggest me whether i can do so?
thanks in advance ..
Info Technology
Posted by : saurabh
Posted On : 3/27/2015 11:54:02 AM
Allotment of shares in pvt ltd company.
Dear Experts,

Please tell me procedure of allotting shares to person other than shareholders of the company.We have authorised capital of 5 lac out of which 1lakh is paid up. Now I want to allot Rs 50000 share value each to two new persons.
Thanks in advance
Posted by : Rabia Gupta
Posted On : 3/27/2015 11:49:32 AM
In conversion of Public company into Private Company, What are the required clauses to be amended in AOA & MOA..?

Please guide..

Posted by : Anonymous
Posted On : 3/27/2015 10:30:31 AM
Board resolution
Dear Sir,
One of our client company has constituted CSR Committee, the same has been approved in the Board Meeting. As per my little knowledge the CSR expenditure policy needs to be approved in further Board Meeting. Now I want a draft resolution for approving the fund allocation by CSR Committee. Whether we have to show in detail the expenditure amount or not? Please help me in this asap.

Thank you in advance.

Posted by : ashay
Posted On : 3/27/2015 9:51:27 AM
Expiry of lut
Hi, We have been exporting goods under LUT, however the LUT is going to expire on 2nd April, the documents for renewal of LUT are already submitted with the excise authorities on 26th March, 15. I have the following queries in relation to the same :

1) Is there any stipulated time within which the renewed LUT will be received by us ?

2) What if the renewed LUT document is not received before 2nd April ?

3) Will we have to pay duty on export if renewed LUT is not received before 2nd April ?

4) Can a extension of the existing LUT be requested with the range office or Division office till the renewal of LUT ?

Please reply on urgent basis. Very IMP

Posted by : Rajiv
Posted On : 3/27/2015 8:13:21 AM
Cenvat credit on freight outward

Posted by : pooja
Posted On : 3/27/2015 8:17:06 AM
dear wat is eligiblity (after 2nd p.u.c) for CIMA and wat is the duration for it

Posted by : Anonymous
Posted On : 3/27/2015 11:17:39 AM
How to score 40 at any case.
I have exemption in adv a/c with 71 marks. So now i have to score 40 marks in each sub i.e. Audit and ITSM. i m confused bcoz there is only 57 days left and have not much prepared. I m not good in theory subjects.
Any advice from u may helpuful to me and highly appreciated.
Posted by : salma
Posted On : 3/27/2015 11:16:29 AM
Ipcc syllabus
due to constant change in syllabus i get confused .please tell me the syllabus of ipcc both groups for nov 2015 attempt
Posted On : 3/27/2015 9:49:56 AM

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