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ashok kumar choraria   08 January 2011 at 10:03

Can the Income Tax Department appeal against the order of the commissioner(Appeal)

Recently I came across a very Interesting case where an assesee appeals before the Commissioner (Appeal) of Income Tax being aggrieved by the Assessment order passed by the concerned ITO.
The appeal was admitted and heard by the commissioner and it provided all the relief quashing the orders of the ITO.
Now against the orders passed by their own Commissioner Appeal, the Department has taken the case before the Tribunal.
My query is against whom the department is pursuing the case, The Concerned ITO or his superior Commissioner (Appeal)? And why?
1. The power to appeal should have been rested only with the aggrieved Assesee not with the department
2. If the department takes this case further then they should either remove the post of ITO or of the Commissioner, because it shows they have no faith in their own senior officer who have quashed the order of his junior.
So I solicit all the valuable opinion in this matter.
Ashok Choraria

Anonymous   08 January 2011 at 08:19

additional vat

We the VAT registered dealer in Andhra Pradesh, and presently our project is under construction, and the entire construction work was outsourced along with material, in 2007, and in work order we were not separated the material rate and labor rate, the rate is inclusive of material & Labor, accordingly the contractor is charging @4% VAT on the work certified.

With effect from February, 2010 VAT amended from 12.5% to 14.5%, Now the contractor is raising an invoice for additional Vat of 2%, i.e., (4+2=6%).

Can we pay the additional 2% to the contractor… Please Advise

SOWRIRAJAN A   07 January 2011 at 15:17

Are the Govt. servants are liable to Professional Tax?

In Tamilnadu, the professional tax law says, Govt. employees whose income derived from the revenue of the Govt. has to pay the Professionaltax @980/- for every half year. This clearly shows the employees of LIC, BSNL, SAIL, ONGC, etc. But the Commissioner of Thanjavur writes to Sr. Postmaster to deduct professional tax from the employees of Postal Department? Department of Posts in running into loss and the payment is derived from Consolidated Fund of India and not from the revenue, but the authorities are failing to apply their mind and insist on payment of professional tax by the employees of Department of POsts. How far it justifies?

Anonymous   06 January 2011 at 18:10

ITC in UPVAT

Dear Sir,
PLs tell me that whether ITC is available on sale of by products under UPVAT Rules.

If yes pls quate the section, rules and case law if any.

Regards
Ashish Gupta

jimi patel   06 January 2011 at 00:16

contract of work Vs. contract of sale & tds on rent

1>

we have a client who entered with an agreement with contractor to laying pipelines for home connection for gas distribution. In contract they mentioned the particular rate for one connection which incusive of both material and labour.they did not mention seprately labour rate and material rate. i.e 3800 for one connection incuding both labour and material.But contractor raised bill seprately for labour and material. i.e 1900 for labour and 1900 for material. Now i have query that on which amt we have to deduct the tax i.e on 3800 0r 0n 1900 for labor portion only. please reply urgent.


2>

i have a client who has taken certain buildings on rent for 35000 monthly rent. annualy 420000 but he deduct the tds only after payment exceeds 180000 then he deduct tax on whole amt which was not deducted upto 180000 pymt. Is it correct? I think rather he should deducted tds from the first payments onwards ? whether i am correct or not? please reply urgent.

Anonymous   05 January 2011 at 14:00

gift to father

what is the position of a person who is giving gift to his/ her father according to income tax act.

Anonymous   05 January 2011 at 13:19

Query about TDS on Foreign Remittance

Dear Sir,

Can u please help me regarding the following issue :

My Client is a Co who makes payment to another Co in US for advertisement of my client in US.

So while remitting, should i deduct the TDS on the same?

If yes than at what rate?

girish narayan nemade   05 January 2011 at 13:12

leese agreement

Dear sir;

I reside with my relative in ahmedabad and i have a query on if I produce a leese agreement for my concreate address proof even I m not paying any leese to my relative.

or if i specify some amount of leese in the agreement and dont pay it to my relative will he face any problems in income tax or for filing ITR if there is no entry of the amount specified in the agreement.

Please guide me for the above situations should i make a leese agreement or shall i proceed for affiduate in some cases affiduate doesnt work. i on my own intrest want to proceed for an agreement.

waiting for a early reply

regards

girish n nemade
9978927077

Anonymous   04 January 2011 at 19:20

F FORM

SIR,

GOODS DESPATCHED BY BRANCH IN MARASHTRA IN NOV.2010 AND RECEIVED BY BRANCH IN GUJARAT IN DEC.2010. IN WHICH F FORM THIS TRANSACTION IS REQUIRED TO BE INCORPORATED BY GUJARAT BRANCH FOR THE MONTH OF NOVEMBER OR DECEMBER? PLEASE GIVE PRECEDENT IF ANY

Anonymous   04 January 2011 at 19:11

RATE OF TAX ON CONVAS TITPAL

PL. TELL ME WHAT IS RATE OF TAX ON TARPAULIN, TRUCK TIRPAL, CONVAS TIRPAL UNDER DELHI VAT ACT