pradeep mahapatra
28 February 2008 at 15:37

application gaap

Hi......
I want to know that a indian company having foreign operation in different country(say Africa,us,canada uk,and hungary).1) What accounting standard they would apply, means IAS or IFRS or US gaap,OR any country specific standard.
2)At the time of consolidation in india what is to be followed.3)To which company IAS and IFRS is mandatory in india.


CMVASUDEVA

Sub: Tax Treatment of Keyman Insurance Policy





Dear Sir,



We seek your advice on the above refer subject in respect of Tax implications in the case of Company/Individual etc.



FACTS OF THE CASE:



Highway Industries Limited has taken out a Keyman Insurance Policy in the name of Managing Director Sh.Umesh Munjal w.e.f 01-04-1994 and yearly premium of Rs.5.94 Lacs is being paid to L I C. This amount is being claimed as expenditure in the books of accounts of the Company. As we understand, as per the Current Income Tax Provisions the whole amount of the Policy as and when received in the hands of the Company will be taxable in the year of receipt.



Present surrender value of the Policy is appx. Rs.75 Lacs.





QUERY:



An Insurance Consultant has suggested the followings:



The company assigns the assurance policy in the name of the Managing Director by passing a Board Resolution.
No gift Tax will be payable by the Company on such transfer and the Managing Director will be liable to pay Income Tax on the surrender value of the Policy treating it as his Income.
After assigning the Policy, in future onwards the Managing Director will pay the premium for the remaining period of the Policy which is about 2-3 years in our case.
The Managing Director will get the maturity value from the L I C in his own name.
The insurance adviser has stated that on the assignment of the Policy and the subsequent premium payment made by the assured will change the character of the policy and it will not be treated as Keyman Insurance Policy and the maturity value received in the hands of the Managing Director will be Tax Free.






We want your opinion and guidance on the above referred matters on the following points:




1) Whether as per Company Law is it possible to assign the policy to Managing Director by simply passing a Board Resolution or does it require any Shareholder Resolution or any Govt. Approval for the same as it entail a benefit of appx.Rs.75 Lacs to the Managing Director on the date of assignment but in the next two years the premium paid by the Managing Director will be Rs.12 Lacs against which he would get a maturity value of Rs.2.5 Crores.



2) Whether the amount received by the Managing Director will be Tax Free Income or whether it will be treated as taxable income in his Individual hands.









IIND QUERY:



Please clarify whether TDS is to be deducted on amount exclusive of Service Tax/Vat or Inclusive Service Tax/Vat. in case of payment made to Parties from whom we are getting the work done



For Example:



Value of Contract Rs.100000/-



Service Tax @ 12.36% Rs. 12360/-



Vat @ 4% Rs. 4494/-



Total Rs.116854/-



Whether TDS is to be deducted on Rs.100000/- or Rs.116854/-



With Best Regards



CMVASUDEVA


CA CMA Amarnath Nuthalapati
28 February 2008 at 15:10

Deduction U/s 80c

I would like to know what is the amount of deduction in respect of LIC premium paid the assessee for the assessment year 2008-09?


CA Milap Mehta
28 February 2008 at 14:54

deduction of bad debt

is it necessary that a person must be declared insolvent by court b4 deducting bad debt in case of share brokings?


Income Tax
28 February 2008 at 13:49

KVAT input credit

Dear All,
Kindly confirm whether we can take input credit on following items for a Company in Karnataka engaged in manufacture of Industrial springs.For Details Below

1) Time attendance software for Workers
2) Angles & Flats purchased for Racks
3) M S Table
4) EPABX & telephones installed in factory
5) Trincular Stereo microscope
6) Grinding blocks for CNC grinder

Regards


Aisha
28 February 2008 at 13:34

HRA allowance

Is it possible for govt to give HRA allowance even if the employee doesnt stay in a rented house(stays in self occupied property)... and can the employee deduct the same.


Aditya M
28 February 2008 at 11:56

CENVAT credit on outward transpotation

Sir,
My querry is with regard to the availabilty of CENVAT credit to companies who provide outward transportation to distributors after the sale is made in their distibution centres. Can outward transportation be treated as input service? As per notification, the liability to pay service tax is on the receiver of service for goods transport by road. if the company is required to pay the service tax to the govt, can it claim input tax credit on teh service it has availed and paid tax on? If yes, how will this be taken?


Sumit
28 February 2008 at 11:26

require Vat rate urgent

I require vat rate (Maharashtra State)applicable in following items.
CATEGORIES
1) CLOCK
2) LANYARD
3) NEON SCLUPTURE (LIGHTS)
4 HIGHBALL SET (GLASSES)
5) DOF SET (GLASSES)
6) FLASK
7) LEATHER COSTER
8) HARDY LIPSTICK
9) TATTOO STICKERS
10)RINGS(STAINLESS STEEL)
11)WRISTBAND
12)HARDY PINS
13)CUFFS (STEEL)
14)DOGTAGS
15)WATCHES
16)BELTS (CANVAS,LEATHER)
17)SHOES (CANVAS)
18)SUNGLASES
19)KNIT TOPS (HOODYS INCL)
20)JACKETS (LEATHER AND DENIM)
21)CAPS
22)TROUSERS- CARGOS
23)DENIMS
24)KNIT BOTTMS( HAREM, 25)LEGGINGS,SHORTS,SKIRTS)
26)TOWELS
27)BAGS(LATHER AND WOVEN)
28)AIRFRESHNER
29)HANDSET
30)CEREMIC SHOT GLASSES


Priya
28 February 2008 at 11:12

General knowledge

DO ANYONE KNOW IN THIS WORLD THERE IS ONE COUNTRY IN WHICH ONLY FEMALES ARE THE EARNING PERSON AND ALL OTHER MALES REMAIN AT HOME AND DO HOUSEHOLD WORKS?
IS ANYONE KNOWING ABOUT THIS?


CA Umashankar Vaishnav

RESPECTED SIR /MADAM /STUDENTS,

I HAVE RECENTLY KNOW ABOUT CHANGE IN CA CPT COURSE RULES THAT THE NEXT EXAMS OF CA CPT WILL BE CONDUCTED TWICE IN A YEAR INSTEAD OF TAKING EXAMS FOUR TIMES IN A YEAR.

I ALSO WANT TO KNOW THAT IS THEIR HAS BEEN CHANGE IN PASSING REQUIREMENT LIKE THAT :

MINIMUM MARKS FOR PASSING IS = 100/200, AND NEGATIVE MARKING IS 0.25%.

IS IT STILL REMAIN OR THEIR WILL BE A CHANGE IN ABOVE SHEDULE .

PLEASE REPLY QUICKLY!

THANKS!

UMASHANKAR VAISHNAV

C.A.-FINAL






CCI Pro



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