TMI Short Notes

TMI Short Notes on various issues

301. What is the value at which fixed assets are to be recorded as per ICDS V relating to tangible fixed assets?

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302. If the taxpayer sells a security on the 30th day of April 2017. The interest payment dates are December and June. The actual date of receipt of interest is on the 30th day of June 2017 but the interest on accrual basis has been accounted as income on the 31st day of March, 2017. Whether the taxpayer shall be permitted to claim deduction of such interest i.e. offered to tax but not received while computing the capital gain.

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303. Does ICDS-IV apply to interest received by an assessee on compensation or on enhanced compensation.

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304. Whether ICDS is applicable to revenues which are liable to tax on gross basis like interest, royalty and fees for technical services for non-residents u/s. 115A of the Act.

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305. The condition of reasonable certainty of ultimate collection is not laid down for taxation of interest, royalty and dividend. Whether the taxpayer is obliged to account for such income even when the collection thereof is uncertain.

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306. How revenue from leases and hire purchase transactions will be recognised.

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307. Since there is no specific scope exclusion for real estate developers and Build -Operate- Transfer (BOT) projects from ICDS IV on Revenue Recognition, whether ICDS-III and ICDS-IV should be applied by real estate developers and BOT operators.

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308. Whether the costs incurred for securing the contract would have to be claimed in the year of incurrence or in the year in which contract is secured.

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309. What is the treatment of incidental income that arises from construction contract.

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310. Does proviso to section 36(1)(iii) apply on construction contract i.e. interest paid on capital borrowed for acquisition of an asset is not allowable as deduction if the same relates to a period beginning from the date of borrowing till the date on which such asset is first put to use.

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311. whether the recognition of retention money, receipt of which is contingent on the satisfaction of certain performance criterion is to be recognised as revenue on billing.

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312. What is the manner of recognizing contract revenue during the early stages of a contract.

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313. What is the manner of recognition of revenue and expenses from construction contracts under ICDS III.

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314. How to deal with a case where contract revenue is not recorded in the books of account, but offered to tax as per ICDS, and turns bad.

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315. Whether the recognition of retention money, receipt of which is contingent on the satisfaction of certain performance criterion is to be recognized as revenue on billing.

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316. Is it correct that even service providers are now required to record inventory?

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317. Does ICDS II apply to the trader or dealer of livestock, agriculture and forest products mineral oils, ores and gases.

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318. Does provisions of ICDS II apply to shares of a company in which public are not substantially interested.

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319. Does the provisions of ICDS II apply on derivatives.

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320. ICDS-I requires disclosure of significant accounting policies and other ICDS requires specific disclosures. Where is the taxpayer required to make such disclosures specified in ICDS.

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321. As per ICDS-I the Marked to Market loss or an expected loss shall not he recognized unless the recognition is in accordance with the provisions of any other ICDS. Whether similar consideration applies to recognition of Marked to Market gain or expected incomes.

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322. Since ICDS is not applicable for the purposes of maintenance of books of account, then what is the purpose and ambit of ICDS I on Accounting Policies as accounting policies are applied for maintenance of books of accounts and preparing financial statements.

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323. Where a term has not been defined under ICDS, nor under the Act, but has different interpretations given to it by the courts in tax cases, and in ICAI Accounting Standards, which interpretation would prevail while interpreting ICDS.

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324. Does ICDS apply to computation of Minimum Alternate Tax (MAT) u/s 115JB of the Act or Alternate Minimum Tax (AMT) u/s 115JC of the Act.

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325. In case of conflict between ICDS and other specific provisions of the Income-tax rules, 1962 governing taxation of income like rules 9A, 9B etc. of the Rules, which provisions shall prevail.

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326. Certain ICDS provisions are inconsistent with judicial precedents. Whether these judicial precedents would prevail over ICDS.

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327. Does ICDS apply for the purposes of computing exemption u/s 11 to 13.

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328. Does ICDS apply to the applicability aspect of the TDS.

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329. How will ICDS apply to companies which adopted Ind-AS. (Indian accounting standards)

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330. Whether ICDS is applicable to Non-Residents whose income is liable to be taxed at a flat rate of tax like interest, royalty and fees for technical services u/s 115A.

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331. Whether the provisions of ICDS shall apply to Banks, Non-banking financial institutions, Insurance companies, Power sector, etc.

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332. Can ICDS would apply to other categories of taxpayers whose income is taxed under presumptive tax schemes (i.e. u/s 44AD, 44ADA, 44AE, 4BB, 44BBA, 44BBB) as there is no specific exclusion provided.

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333. Can a assessee opt to change his method of accounting from mercantile to cash basis.

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334. Can a assessee can follow different methods of accounting for different sources of income under the same head of income, or different heads of income.

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335. Can ICDS apply to a person following cash system of accounting and to the person whose books of account for the year are not required to be audited u/s 44AB.

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336. Foreign Tax Credit (‘FTC’) - Currency conversion using telegraphic transfer buying rate (‘TTBR’)

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337. Foreign Tax Credit (‘FTC’) in case of MAT/ AMT

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338. Foreign Tax Credit (‘FTC’) - Documents to be furnished for availing FTC

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339. Foreign Tax Credit (‘FTC’) - Lower of the tax payable under the Act and DTAA

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340. Foreign Tax Credit (‘FTC’) shall be allowed if evidence & undertaking furnished within 6 months of dispute settlement

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341. Foreign Tax Credit (‘FTC’) - Cases in which no FTC benefit would be available

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342. Foreign Tax Credit (‘FTC’) - Meaning of foreign tax

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343. Foreign Tax Credit (‘FTC’) - Benefit on proportionate basis

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344. Foreign Tax Credit (‘FTC’) - FTC benefit in the year in which income offered to tax

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345. STEPS NEED TO BE TAKEN AFTER APPROVAL ADVANCE PRICING AGREEMENT(APA)?

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346. What is the limit of PANCARD regarding payment to Life Insurance company ?

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347. What is the basic monetary limit required for PANCARD for amount deposit in mutual fund and shares?

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348. What is the basic limit for PANCARD for payment to foreign country?

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349. Whether PANCARD is require for opening account in bank?

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350. What is the limit of PANCARD for amount depositing in securities.?

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