Students Manual to General & Commercial Laws
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Students Manual to General & Commercial Laws
Price : INR 120 | USD 15 | ISBN No.:81-7496-624-2 |
Edition : 2005 Edition | Weight : 235 GMS |
Author : SIMA MAJUMDAR |
Volume 1:
A Comprehensive Legal Commentary on Law relating to Business Expenditure, Business deductions, Business losses & Business disallowances
Some of the important topics covered in this Commentary are as follows:
- Basic Conditions Pertaining To Business Deductions/Losses & Business Disallowances
- Conditions for deductions under section 28
- Conditions for deductions under sections 30 to 36
- Conditions for deductions under section 37(1)
- Relevance of commercial accounting principles (CAP)
- Meaning of Expenditure, reserve, provision, fund, loss and the real income theory
- Business disallowances as per general and specific provisions
Specific Conditions Pertaining To Business Deductions And Disallowances
- Expenditure before setting up or after closure of business
- Expenditure should be only for the purpose of Business & Profession
- Capital expenditure is generally not allowable
- Expenditure should not be covered by sections 30 to 36
- Personal expenses and excessive payments to specified persons
- Profit sharing is not expenditure
- Can Expenditure be deferred?
- Expenditure relating to non-taxable incomes is not allowable
- Payments opposed to public policy are not allowable
- disallowance of payments exceeding Rs.20,000
- Burden of proof on assessee and the department
- Mixed expenditure can be apportioned
- Requirement of account books and estimation of profits
Year Of Deductibility
- Payment basis under section 43B
- When payments require deduction of tax at source (TDS)
- Method of accounting
- Accrual of liabilities
- Relevance of principle of matching
- Quantum of deduction
- Relevance of accounting entries
- Manner and method of making claims
Special Provisions - Mode Of Computation
- Illegal business/activities
- Long-term contracts as civil construction, etc.
- Film producers and film distributors
- Trade, professional association, etc.
- Insurance companies
- Royalty income in case of non-residents under section 44DA
Presumptive Basis Of Computation
- Civil contractor under section 44AD
- Plying, hiring or leasing of goods carriage under section 44AE
- Retail business under section 44AF
- Non-resident's shipping business under section 44B
- Exploration, etc., of mineral oils under section 44BB
- Operation of aircraft in case of non-residents under section 44BBA
- Foreign companies engaged in certain turnkey projects under section 44BBB
- Head office expenditure of non-resident
Assessee Based Deduction
- HUF
- AOP AND BOI
- Partnership
- Companies
Fringe Benefit Tax V. Business Deductions
Volume 2:
- A Comprehensive Ready Reckoner of Business Expenditure/Deductions with special reference to Fringe Benefit Tax provisions
- The main focus of this Ready Reckoner is on:
- What expenditure are allowable and when
- What losses are allowable and when
- What allowances are allowable and when
- Some of the important topics covered in this Ready Reckoner are as follows:
- Amalgamation or demerger expenditure
- Bad debts
- Bonus
- Commission payments
- Compensation and damages
- Conveyance, tour, travel & foreign travel (including expenditure on motor car and aircraft)
- Currency exchange loss
- Direct taxes and related payments
- Donations/Contributions
- Education and training expenditure (including higher education)
- Employees' retirement or termination expenditures
- Employees' salary and remuneration payments
- Employees' welfare expenditure
- Entertainment and Hospitality
- Expenses to save or maintain business/business assets/reputation
- Festival expenses [including temple and puja expenditure]
- Financing expenditure
- Funds contribution
- Gifts
- Goodwill, payments for
- Guarantees
- Hotel, boarding and lodging expenditure
- Insurance payments
- Interest payments
- Know-how and royalty
- Lease-Mines
- Litigation expenditure
- Loans and Advances
- Medical expenditure
- Money lender
- Penalty and interest - Statutory/contractual
- Raw material - Payments for Raw Material/stock-in-trade
- Rent and hiring expenditure
- Repairs and renovation expenditure
- Road, expenditure for
- Sale/transfer of assets or land
- Sales promotion, publicity & conference expenditure
- Set off & carry forward of losses
- Shares or Securities
- Shifting expenditure
- Stamp duty payment
- Statutory Liabilities, payments for
- Stock losses
- Telephone expenditure
- Theft or embezzlement
- Warding off competition, payments for
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