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Page 1: 2014.pdf · CA. Kishor Vaishnav, Chairman CA. Umesh Mestry, 9LFH &KDLUPDQ CA. Preksha Jain, 6HFUHWDU\ 7UHDVXUHU CA. Dayaram Paliwal, 3DVW &KDLUPDQ EDITORIAL BOARD Editor : CA. Kishor
Page 2: 2014.pdf · CA. Kishor Vaishnav, Chairman CA. Umesh Mestry, 9LFH &KDLUPDQ CA. Preksha Jain, 6HFUHWDU\ 7UHDVXUHU CA. Dayaram Paliwal, 3DVW &KDLUPDQ EDITORIAL BOARD Editor : CA. Kishor

2

OUR - TEAM

CA. K. Raghu President

CA. Anil Bhandari Chairman

CA. Julfesh Shah Vice-Chairman

Secretary

CA. Girish Kulkarni Treasurer

CA. Kishor Vaishnav Chairman

CA. Umesh Mestry Vice-Chairman

CA. Ramanand Gupta Immediate Past Chairman

CA. Preksha Jain Secretary & Treasurer

CA. Dayaram Paliwal Past Chairman

CA. Kanhaiyalal B. Kothari Committee Member

CA. Sumeet Doshi Committee Member

CA. Vimal Agarwal Committee Member

CA. Manoj Fadnis Vice-President

The Institute of Chartered Accountants of India Vasai Branch of WIRC NewsletterFeb March 2014

Page 3: 2014.pdf · CA. Kishor Vaishnav, Chairman CA. Umesh Mestry, 9LFH &KDLUPDQ CA. Preksha Jain, 6HFUHWDU\ 7UHDVXUHU CA. Dayaram Paliwal, 3DVW &KDLUPDQ EDITORIAL BOARD Editor : CA. Kishor

“In every phenomenon the beginning remains always the most notable moment.”

-Thomas Carlyle

Esteemed Members,

of WIRC.

TEAM is the greatest power

TEAM stands for Together Everyone A More. I shall give all

-Mattie Stepanek

CA. K. Raghu CA. Manoj Fadnis,

promising year ahead.

CA. Anil Bhandari as Chairman, CA. Julfesh Shah as Vice-Chairman, CA. Shruti Shah as Secretary, CA. Girish Kulkarni as Treasurer and CA. Satyanarayan Mundada as Chairman of WICASA, from

ahead.

the leadership of CA Ramanand Gupta

Highly Commendable Performance” Large

Category from WIRC for the year 2013

& Shield for Best Branch of Students Association” Large Branch Category - WICASA, given by ICAI for the year 2013.

CA Preksha Jain,

Association” under Large Branch Category WICASA, given by ICAI for the year 2013.

We have big targets and objectives to achieve

“Women Vision 2025”

“Bank Branch Audit”

TEAM as they also say in Hindi ‘Main Nahi, Hum..’

The will to win, the desire to succeed, the urge to reach your full potential... these are the keys that will unlock the door to personal excellence.

- Confucius

With Warm Regards

CA Kishor Vaishnav

CHAIRMAN’S COMMUNICATION

3The Institute of Chartered Accountants of India Vasai Branch of WIRC Newsletter

MANAGING COMMITTEE

CA. Kishor Vaishnav, Chairman CA. Umesh Mestry, CA. Preksha Jain,CA. Dayaram Paliwal,

EDITORIAL BOARDEditor : CA. Kishor Vaishnav Joint Editor : CA. Vimal Agarwal

CA. Unmesh Narvekar, CA. Haresh Mehta,

CA. Ramanand Gupta,CA. Kanhaiyala B. Kothari, Committee MemberCA. Vimal Agarwal, Committee MemberCA. Sumeet Doshi, Committee Member

Feb March 2014

Page 4: 2014.pdf · CA. Kishor Vaishnav, Chairman CA. Umesh Mestry, 9LFH &KDLUPDQ CA. Preksha Jain, 6HFUHWDU\ 7UHDVXUHU CA. Dayaram Paliwal, 3DVW &KDLUPDQ EDITORIAL BOARD Editor : CA. Kishor

The Institute of Chartered Accountants of India Vasai Branch of WIRC Newsletter4 Feb March 2014

VISION

VISION 2014-2015

- Helen Keller

Major Highlights of Vision 2014-2015

To maintain the trend of the highest performanceand WIRC level.

Proper Co-ordination and Smooth functioning

Adherence to ethical standards & transparency

Innovative Quality Programs

socio-economic issues

Income tax, Sales tax, Service tax, Excise, LBT at local level.

Small and Medium practitioners

CA Brand Building Measures CA Day

Institutions, Organisations & Corporates at different levels for Tie-up arrangements for the

Creating Awareness amongst Members and Public at Large with regard to the New Laws, Rules & Regulations & Investor Awareness

Mock Tests, Industrial Visits, Motivational Lectures and conducting in-house Crash Course/Regular Lectures for CPT & IPCC Students.

Organizing Sports activities

Co-ordinating with various Institutes, Colleges & Schools for CA Career counselling among students & for Brand building.

felicitatorrelated matter.

felicitator

Acquiring the branch premises

Sub Committee for the Year 2014-15

Sr. No. Sub Committee Name Chairman

Members Committee CA. Umesh Mestry

456 Newsletter Committee CA. Vimal Agarwal789 Administration Committee

Page 5: 2014.pdf · CA. Kishor Vaishnav, Chairman CA. Umesh Mestry, 9LFH &KDLUPDQ CA. Preksha Jain, 6HFUHWDU\ 7UHDVXUHU CA. Dayaram Paliwal, 3DVW &KDLUPDQ EDITORIAL BOARD Editor : CA. Kishor

The Institute of Chartered Accountants of India Vasai Branch of WIRC Newsletter Feb March 2014

ACKNOWLEDGMENT

The Institute of Chartered Accountants of India Vasai Branch of WIRC Newsletter Feb March 2014

Page 6: 2014.pdf · CA. Kishor Vaishnav, Chairman CA. Umesh Mestry, 9LFH &KDLUPDQ CA. Preksha Jain, 6HFUHWDU\ 7UHDVXUHU CA. Dayaram Paliwal, 3DVW &KDLUPDQ EDITORIAL BOARD Editor : CA. Kishor

The Institute of Chartered Accountants of India Vasai Branch of WIRC Newsletter6 Feb March 2014

FORTHCOMING PROGRAMMES FOR MEMBERS

Date Seminar on Timings Venue Speakers Co-ordinators Fees CPE

Next Road,

Free

5.45 pmNew Zaika, CA. Nilesh Vikamsey

CA. Niranjan Joshi 6

New Zaika, Free

FORTHCOMING PROGRAMMES FOR STUDENTS

Date Seminar on Timings Venue Speakers Co-ordinators Fees CPE

Examto noon

Vasai Hostel Free

FORTHCOMING PROGRAMMES OF BHAYANDAR CPE STUDY CIRCLE

Date Seminar on Timings Venue Speakers Co-ordinators Fees CPE

Cyber Crime New Zaika,

FORTHCOMING PROGRAMMES OF VASAI-VIRAR CPE STUDY CIRLCE

Date Seminar on Timings Venue Speakers Co-ordinators Fees CPE

VersionTeam of Tally

FORTHCOMING PROGRAMMES OF PALGHAR CPE STUDY CHAPTERS

Date Seminar on Timings Venue Speakers Co-ordinators Fees CPE

“Formation,

FORTHCOMING PROGRAMMES

The Institute of Chartered Accountants of India Vasai Branch of WIRC

Looking Candidate on Urgent Basis for the Following Post

: Branch Manager :

Any Graduate/M.Com/MBA/ICWA/CS can apply for above post.

Interested Candidate mail their resume at [email protected] or :

Vasai Branch of WIRC, Indralok Phase-II, Opp. Sutharwadi, New Golden Nest, Road, Bhayandar (East). Tel-02265568900/01.

Page 7: 2014.pdf · CA. Kishor Vaishnav, Chairman CA. Umesh Mestry, 9LFH &KDLUPDQ CA. Preksha Jain, 6HFUHWDU\ 7UHDVXUHU CA. Dayaram Paliwal, 3DVW &KDLUPDQ EDITORIAL BOARD Editor : CA. Kishor

7The Institute of Chartered Accountants of India Vasai Branch of WIRC Newsletter Feb March 2014

— Compiled by — CA. Hemant R. Shah | e-mail: [email protected] |9869011148RECENT HIGH COURT DECISIONS

1) Narath Mapila LP School vs. UOI (Kerala High Court) High Court grants interim stay on levy of fee

`

Vide

two months.2) CIT Vs. Naresh Kumar (I.T.A.No.24/2013); CIT Vs M/s Talbros (P) Ltd. (ITA No. 218/2013) [Delhi High Court]

Amendment to Section 40(a)(ia) is retrospective in nature:

Issue – Whether amendment to Section 40(a)(ia) extending the period

retrospective in nature or not.

High Court placed reliance on same be CIT vs. Rajinder Kumar

3) CIT-TDS vs. DHTC LOGISTICS LTD. (ITA 314/2013) [Delhi High Court]

Penalty prescribed U/s 272B for ̀ 10000/- is per deductor and not per wrong PAN:

`

` `

`

penalty of `

`

` 4) Bhagwati Security Services (Regd.) vs. Union of India [2013 (11) TMI 649] [Allahabad High Court]

Service recipient is required to reimburse Service Tax paid by the Service provider:

Bhagwati Security Services (Regd.) “the Assessee” or “the Company”

o Service tax is a statutory liability. It is a tax which is required to be collected by the service provider from the person to whom service is provided, and thereafter to be deposited with the Government treasury within the prescribed time.

RECENT CASE LAWS & OTHER DEVELOPMENT/AMENDMENTS

o Thus, essentially the statute is being imposing the tax upon the person to whom service is being provided and the service provider is merely a collecting agency.o BSNL (i.e. service recipient) directed to make reimbursement of service tax to the petitioner without further delay.5) DIT vs. Maharashtra Housing & Area Development Authority (Bombay High Court)Section 220: AO’s action of coercive recovery is illegal and shocks the conscience. The Tribunal cannot remain a silent spectator to such illegal action:

The Tribunal accepted the submissions of the assessee and held that the

`

`

Page 8: 2014.pdf · CA. Kishor Vaishnav, Chairman CA. Umesh Mestry, 9LFH &KDLUPDQ CA. Preksha Jain, 6HFUHWDU\ 7UHDVXUHU CA. Dayaram Paliwal, 3DVW &KDLUPDQ EDITORIAL BOARD Editor : CA. Kishor

The Institute of Chartered Accountants of India Vasai Branch of WIRC Newsletter8 Feb March 2014

RECENT CASE LAWS & OTHER DEVELOPMENT/AMENDMENTS

— Compiled by — CA. Sumeet Doshi | e-mail: [email protected] |

1) Expert Advisory Committee (EAC) Opinion

Facts

Issue

and

Opinion

vide

3) Discussion Paper on “Annual Information Memorandum” Background

4) Must read : Expert Advisory Committee (EAC) Opinion

5) SEBI Board Meeting - Amendment to Listing Agreement

related parties abstaining from voting.

Page 9: 2014.pdf · CA. Kishor Vaishnav, Chairman CA. Umesh Mestry, 9LFH &KDLUPDQ CA. Preksha Jain, 6HFUHWDU\ 7UHDVXUHU CA. Dayaram Paliwal, 3DVW &KDLUPDQ EDITORIAL BOARD Editor : CA. Kishor

9The Institute of Chartered Accountants of India Vasai Branch of WIRC Newsletter Feb March 2014

— Compiled by — Haresh P. Kenia|e-mail:[email protected] |9821351838

SECTION 119 OF THE INCOME-TAX ACT, 1961 - INCOME-TAX AUTHORITIES - INSTRUCTIONS TO SUBORDINATE AUTHORITIES - DEDUCTION AT SOURCE - CLARIFICATION REGARDING

TDS UNDER CHAPTER XVII-B ON SERVICE TAX COMPONENT COMPRISED IN PAYMENTS MADE TO RESIDENTS {220 TAXMANN (St.) 41}

CIRCULAR NO. 1/2014 [F.NO.275/59/2012-IT(B)], DATED 13-1-2014

CIT (TDS) Jaipur vs. Rajasthan Urban Infrastructure

INCOME-TAX (FIRST AMENDMENT) RULES, 2014 – AMENDMENT IN RULE 44CA {220 TAXMANN (St.) 41}

NOTIFICATION NO. 5/2014 [F.NO.142/32/2013-TPL]/SO 108(E), DATED 15-1-2014

DIRECT TAXES LAW UPDATE

the Commission shall send, all the material and other information

before it, to the Commissioner.” SECTION 139A OF THE INCOME-TAX ACT, 1961 - PERMANENT ACCOUNT NUMBER - PROCEDURE FOR PAN ALLOTMENT - DECISION TO CHANGE PROCEDURE FOR PAN ALLOTMENT HAS BEEN KEPT IN ABEYANCE AND OLD PROCEDURE THEREOF TO CONTINUE TILL FURTHER ORDERS {221 TAXMANN (St.) 2}

CBDT PRESS RELEASE, DATED 30-1-2014

SECTION 143 OF THE INCOME-TAX ACT, 1961 - ASSESSMENT - GENERAL – NON-FILING OF ITR-V IN RETURNS WITH REFUND CLAIMS – RELAXATION OF TIME-LIMIT FOR FILING ITR-V AND PROCESSING OF SUCH RETURNS

CIRCULAR NO. 4/2014 [F.NO.225/198/2013-ITA.II], DATED 10-2-2014

SECTION 14A OF THE INCOME-TAX ACT, 1961, READ WITH RULE 8D OF THE INCOME-TAX RULES, 1962 - EXPENDITURE INCURRED IN RELATION TO INCOME NOT INCLUDIBLE IN TOTAL INCOME - CLARIFICATION ON DISALLOWANCE OF EXPENSES UNDER SECTION 14A IN CASES WHERE CORRESPONDING EXEMPT INCOME HAS NOT BEEN EARNED DURING THE FINANCIAL YEAR

CIRCULAR NO.5/2014 [F.NO.225/182/2013-ITA.II], DATED 11-2-2014

Page 10: 2014.pdf · CA. Kishor Vaishnav, Chairman CA. Umesh Mestry, 9LFH &KDLUPDQ CA. Preksha Jain, 6HFUHWDU\ 7UHDVXUHU CA. Dayaram Paliwal, 3DVW &KDLUPDQ EDITORIAL BOARD Editor : CA. Kishor

The Institute of Chartered Accountants of India Vasai Branch of WIRC Newsletter10 Feb March 2014

Seminar on Income Tax Act Practical Issues held on 2nd Feb, 2014

GALLERY

Lecture Meeting on VAT Issue held on 20th Jan, 2014

Speakers

Page 11: 2014.pdf · CA. Kishor Vaishnav, Chairman CA. Umesh Mestry, 9LFH &KDLUPDQ CA. Preksha Jain, 6HFUHWDU\ 7UHDVXUHU CA. Dayaram Paliwal, 3DVW &KDLUPDQ EDITORIAL BOARD Editor : CA. Kishor

11The Institute of Chartered Accountants of India Vasai Branch of WIRC Newsletter Feb March 2014

PHOTO - GALLERY

Study Circle Meeting

CA Daud held on 23rd Feb, 2014

(L-R)

organised jointly with WIRC WICASA on 23rd Feb 2014 at Jesal Park, Bhayandar (E)

(L-R) :

(L-R) :

Page 12: 2014.pdf · CA. Kishor Vaishnav, Chairman CA. Umesh Mestry, 9LFH &KDLUPDQ CA. Preksha Jain, 6HFUHWDU\ 7UHDVXUHU CA. Dayaram Paliwal, 3DVW &KDLUPDQ EDITORIAL BOARD Editor : CA. Kishor

The Institute of Chartered Accountants of India Vasai Branch of WIRC Newsletter12 Feb March 2014

GALLERY

To

Undelivered please return to :

The Institute of Chartered Accountants of India,Vasai Branch of WIRCAddress: Amruta Building, Indralok Phase-II,New Golden Nest Road, Bhayandar (East), Thane - 401 105.Telephone: 6556 8900.Email: [email protected]: www.vasai-icai.org

Editor: CA. Kishor Vaishnav Published by Vasai Branch of Western India Regional Council of The Institute of Chartered Accountants of India and printed at Finesse Graphics and Prints Pvt. Ltd., 309, Parvati Ind. Est., Sun Mill Compound, Lower Parel, Mumbai 400 013. Tel. : 4036 4600

The views and opinions expressed or implied are those of the authors or contribution and do not necessarily reflect those of Vasai Branch. Unsolicited articles and transparencies are sent in at the owner’s risk and the publisher accepts no liability for loss or damage. Material in this publication may not be reproduced, whether in part or in whole, without the consent of Vasai Branch.

DISCLAIMER: The Vasai branch is not in any way responsible for the result of any action taken on the basis of the advertisement published in the Newsletter. The members, however, may bear in mind the provision of the Code of Ethics while responding to the advertisements.

Printed by Finesse • +91-22 4036 4600

Cricket Tournament Held on 9th Feb, 2014

CA. Dayaram Paliwal (Past Chairman – Vasai Branch of WIRC) , CA K. B. Kothari (Committee Member – Vasai Branch of WIRC) Unmesh Narvekar (Past Chairman – Vasai Branch of WIRC)

presenting Award to Winner Team of Students (FCA)

CA. Dayaram Paliwal (Past Chairman – Vasai Branch of WIRC) & Unmesh Narvekar (Past Chairman – Vasai Branch of WIRC) presenting Award to Winner Team of Police Department

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