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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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pooja dedhia   11 July 2012 at 18:30

Gift by huf to his co-parncers is allowable without tax

huf has transfer the cheque of amt rs 11 lacs to his co-parcers in love & affection

is above transaction will cover tax implication? if yes to whom it is payable? which section is support ?

prabhat   11 July 2012 at 17:31

Service tax

is service tax now applicable on lorry weigh bridges also

pankaj mahajan   11 July 2012 at 15:54

About taxation

Sir ,i have sell a flat ,and this flat is my mother name and she is housewife .i have open joint account in icici bank ,flat cost as per market value is 18 lac(ragister value)my ?? is i want all amt will be diposit at our joint accont ,befor the deposit 18 lac amt what doc will submited in bank and what is cycle peried of income tax and how to save in come tax and but our next plan is buying new big home

pls give suggetion....

CA Sahi Singla   11 July 2012 at 15:30

Service tax demand by excise officer ?

Sir
I have a Non SSI Partnership Firm engaged in Manufacturing of Iron & Steel. During the year, I availed service of Good transport Agency as input service. The freight of all the Consignment Notes was less that Rs 750. Total amount of Freight paid was Rs. 50000 during the year to one Goods Transport Agency. During Central Excise audit, The Superintendent of CE asked me to paid Service tax on Rs. 12500 i.e. 25% of 50000. He said that exemption of Rs. 750 has been withdrawn under reverse charge basis. I told him that he's not correct. But he is not agreeing on my explaination. He said that he will issue Show cause to me if i didn't apply for Service Tax reg. no. & pay the whole service tax.
Kindly tell me what alternative i have against this action of officer ? Can i appeal against his SCN ? Can i demand stay on deposit of demanded Tax ? if yes, plz guide.

Ajit   11 July 2012 at 13:08

Tds

In case some person has created or made documentary film and sold it to some Statutory Body or Institution at Rs 4 lacs. Whether it comes under the definition of Sales of Goods or Consultancy Services as the Statutory body is deducting TDS on Rs 4 lacs under section 194J?Whether TDS is applicable to such payment or not as we are saying that we have sold the documentary to you. Any case law in this regard………..

RD   11 July 2012 at 12:32

Capital gain taxation

Kindly advice on the following:

1.A Private Limited Company had purchased a Factory (Land + Building) in the year 2002-03.

2.From that your onward it has claimed depreciation on the entire amount as it had not separated the value of land.

3.Now, in the current Financial Year – that is – in 2012-13 it has sold the aforesaid Factory.

4.Now the Question is whether the company can segregate the value of Land and Building from the sales consideration received and claim Capital Gain on Sale of Land as Long Term Capital Gain after taking the benefit of Indexation? The Company can have Valuation Report – both – at the time of Purchase as well as Sales.

5.And if it can do so as mentioned above, what would happen to the Depreciation allowed on the value which includes Land?

6.And Lastly will the Income Tax Department invoke Section 50 on the entire amount, as Depreciation has been allowed on the entire value of Factory, and would not allow the claim of Long Term Capital Gain on Sale of Land.

Kindly reply ASAP along with relevant Judicial Pronouncements.

Thanking in Advance

Member (Account Deleted)   10 July 2012 at 13:38

Felief u/s 80gg




If the previous employer does not consider HRA while calculating TDS,can the assesse claim relief u/s 8o GG in his IT Return for the said year?If yes, if he has worked under two different employers in the same financial year and one has considered but the other one not, can he still claim the above relif?The section inter-alia stipulates that it will be applicable provided the employee is not getting HRA.

Member (Account Deleted)   10 July 2012 at 13:30

It refund

Inspit of submitting Form 15G with a nationalised bank for 2011-12, the bank has deducted TDS against F.D. The said declaration was sent to the bank by speed post/courier service.The Assesseee is a house-wife and she falls within the exempted category for filing the IT Return.Her total income from interest on securities exceed Rs. 10,000/-.Can she file refund claim from the ITO of her TDS deposited by the bank?If so,what is the procedure?

subhash bajpai   10 July 2012 at 10:44

Capital gain

Sir,I am a member of Housing Society and invested Rs. 1 lac in 1999 and Society was made for providing houses to its members as per the deed of society. Society had purchased a piece of land but due to some reasons could not constructed houses on that land. Now due of some govt. norms Society is selling its land and paying 25 lacs as compensation against land advance made by me. My question is whether receipt will be considered as Capital Gain or income from other sources?
pls help.

Pulkit   09 July 2012 at 21:36

Capital gain

SIR,
IF A PERSON SELLS HIS PARENTAL PROPERTY WITHOUT GETTING THE PROPERTY INTO HIS NAME, WILL IT BE A CASE OF CAPITAL GAIN OR OTHER SOURCES?