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sandeep Upadhyay   09 April 2011 at 09:19

Exepmption of filing of er4,er5 and er6-central excise

Dear experts

Is it correct that new clarfication is given by department that need not to e file er4,er5 and er6 to those unit who has paid duty more than Rs.10 lacs and less than 1 crore?

Thanks
sandeep

Anonymous   07 April 2011 at 16:08

tax


For eg.if an organisation releases a periodical.The printing cost of a paper be Rs.4. If the selling price be 6 or 7 rupees.. Should all the profit earned be diverted towards charity for tax exemption? Or can any part of it be used for further printing expenses? 'll that result in taxation? Also there won't be any salary or assets purchased by the members of the organisation with this money..

Anonymous   07 April 2011 at 15:29

TDS


REGARDING TDS ON WORKS CONTRACT U/S 194C WEF 01/10/2009, THE EXPRESSION “WORK� SHALL ALSO INCLUDE MANUFACTURING OR SUPPLYING A PRODUCT ACCORDING TO THE REQUIREMENT OR SPECIFICATION OF A CUSTOMER BY USING MATERIAL PURCHASED FROM SUCH CUSTOMER. HOWEVER IT WILL NOT INCLUDE MANUFACTURING & SUPPLYING A PRODUCT ACCORDING TO THE REQUIREMENT OR SPECIFICATION OF A CUSTOMER BY USING MATERIAL PURCHASED FROM A PERSON, OTHER THAN SUCH CUSTOMER.

WHAT WOULD BE SITUATION, IF MANUFACTURING & SUPPLYING A PRODUCT IS DONE ACCORDING TO THE REQUIREMENT OR SPECIFICATION OF A CUSTOMER BOTH BY USING MATERIAL PURCHASED FROM SUCH CUSTOMER AS WELL AS MATERIAL PURCHASED FROM A PERSON OTHER THAN SUCH CUSTOMER.

Anonymous   07 April 2011 at 15:03

sales tax incentive in a notified area by the gujarat govern

the assessee collects the sales tax (now vat)from its dealers in the ordinary course of business but retains the same as per the scheme of the government of gujarat.the said amount of vat collected is restricted to the amount of investmet made by the assessee in the fixed assets.after the amount of exemption limit the assessee shall be liable to pay the vat collected to the govt .the assessee also carries an obligation to invest the said exempted amount in the state within the next 10 years

SOMNATH CHAKRABORTY   07 April 2011 at 13:53

Will the Income in USA of a US citizen attract Tax in India?

My friend who is a US citizen and has VISA for 10 years to stay in India. He is presently living in Tamilnadu. He has been advised to submit an income tax return in India including his total income in USA + his Income in India.

According my friend :

His yearly income in USA is from the interest on Govt. bonds which is not taxable in USA.

AND

His total income in India is from the interest on Bank Fixed Deposits on which TDS has been remitted by bank to IT authorities.

Will my friend has to submit the details of his total yearly income in USA in his I.Tax return together with his income in India. According to him if he has to submit the details of his USA income then his total income (INDIA+USA) will be taxable.

What he should do?


AMIT BAJAJ ADVOCATE   06 April 2011 at 22:02

Remand in penal orders in tax laws justified?

I have seen some cases where the VAT tribunal in Punjab has remanded some cases to the designated officer for deciding a fresh on penalty proceedings. For example recently I saw a case where the Tribunal remanded the case (where penalty u/s 51(7) of PVAT Act was levied) giving reasons therein that the inquiry was not conducted properly by the designated officer so as to come to conclusion whether there was an attempt to evade tax or not and consequently whether penalty should have been levied or not.

In my view if an order of penalty is suffering from procedural infirmities due to fault of the authorities leving penalty, then such order of penalty should be quashed instead of being remanded, more so in tax laws which are welfare laws. The reason behind it which I find out of my judicial conscience is that subjecting a tax payer to penal proceedings twice in a welfare law would be prejudicial to his interest and also would amount to double jeopardy and causes unneccessary hardship and harrassment to such tax payer.

Tax payer should not suffer for the fault of the department officials committed in initiating and concluding penal proceedings.

Please provide your valuable comments in this regard

Anonymous   06 April 2011 at 16:09

what rate Taxes on residential flat of rent to be paid


I have given residentail flat on rent , what type of taxes will come in play, rent is Rs 45000/

TDS, Service Tax, Municiaplity Tax, society charges at what rate to be levied ?

Anonymous   06 April 2011 at 16:05

TDS & INCOME TAX PROVISIONS ON USE OF TRADE MARK

WHAT WILL BE INCOME TAX & TDS TREATMENT ON AMOUNT PAID TO ANY ORGANISATION IN OTHER COUNTRY FOR SURRENDERING USE OF A TRADE MARK, SINCE WE WILL USE THAT TRADE MARK IN HIS COUNTRY?

Anonymous   06 April 2011 at 16:02

Finance Vicle Passion but not performed agreement


A man Finance Two Wheeler from Finance Company but A delar cheat to Financer we not hypetthiction in Registration but also given Chaque given in fover to fianance company.
What can do by company for performance the agreement or recive back financed amount by Criminal action.

Anonymous   06 April 2011 at 15:13

contempt of courts complaint


repected members,
i have filed a contempt petion agains two employees of forest deptt. haryana, and court summoned them, and they appear, but now divisional forest officer had filed the written statement of behalf of two employees, but d.f.o is not a party to our case, and the work was done by the employees in their private capacity, d.f.o is not a party to our complaint, and d.f.o has not filed application for impleading party. the presecution deppt. haryana directed the Public prosecuter to defend (specific words in letter) specially on behalf of " State of Harayna". but now d.f.o and P.P is defending them, however D.F.O and state of haryana is not a party to our Complaint, now plz give me authority/sitation that the act done by govt. employees in private capacity, the D.f.O cant fight on behalf of them, and the employees ar personally party to the contmpt complaint, so they will defend their case themself.

thanx i am waiting for sitation/authority