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Mayank Arora   08 June 2015 at 17:03

Tax evasion by consultant

Hello Experts,

I am a freelance teacher. A college approached me through a consultant and I joined there. The college pays the consultant and then the consultant pays me. When the time came to pay the money, the consultant insisted I take cash payment.

I was promised a payout of Rs 2000 per class NET on an SMS from him. I assumed this to be the amount after deducting TDS. Now the consultant is saying that he runs this business on the side and that he doesn't have an actual firm, so he will give me 2000 per class in cash. I declined saying that I want the money officially after tax deduction. So basically, Rs 2000 after deducting 10% TDS. He is not ready to give the increased amount either (Rs 2,222- so that I can pay the tax if he can't). Now the question is-

1) I have detailed whatsapp chats with him where he says that I should take money in cash since everyone else does it that way and that I'd be getting Rs 2000 only and that I don't have any other option.

2) He says that by "NET", he meant that college has deducted his TDS. Obviously, if tax is not deposited in MY account, then its not net.

3) This person is working in a reputed company and is running a business on the side without any business entity. Clearly, he has evaded a lot of taxes. College pays him money in his savings account and he pays everyone by cash. He has accepted this multiple times on whatsapp.

What should I do now? How can I complaint against this?

jiteshmadeka   07 June 2015 at 14:33

Excise limit for ssi manufacturinf second hand capacitors

I am interested in setting up a SSI unit to buy old capacitor for induction furnace and repair them and sell in the open market what would my excise duty limit foe exemption?

Dalip Singh   06 June 2015 at 16:40

Service tax

I filed an arbitration case before ICA on 29.05.2015 and deposited registration fee Rs.11236/- (10000 + 1236) i.e. @ 12.36% p.a.
ICA raised a invoice for Rs.164/- as a shortfall due to raise of service tax amount @ 14% w.e.f. 1.6.2015. Please clarify.




















Deepak Kumar   05 June 2015 at 19:43

Tax-ability on sale of partnership firm

Partnership business which is running from 1988 is sold on "as is condition".

We would like to know the Income tax applicable on this sale transaction?

If it is sold on slump basis will there be any change on income tax applicability?

How can we reduce the income tax?

sachin dubey   05 June 2015 at 11:01

Rule 46a and sec 13(1)(c)

As per Sec 250, CIT can admit additional evidence only after providing an evidence to the A.O to cross examine and verify such additional evidence. However, Rule 46A is not applicable for clarificatory materials i.e secondary evidence produced to support preliminary evidence. So what is the criteria for determining whether evidence submitted to CIT(A) is additional evidence or clarificatory material.

Madhavi Mazumdar   04 June 2015 at 15:35

Jammu vat for canon all in one printers

Sirs/Madams,

We had been billing the Canon All In One Printers in Jammu @ 5% VAT. Offlate we have an updation that a new notification of charging VAT @13.5% has been levied upon all Multifunctional devices on and from 01.04.2015. We are the Regional Distributors for Canon Printers in Jammu and we do a CST Purchase from Canon with the Description mentioned as CANON AIP PRINTERS. However, we are confused as to what should be our current stand for the billing of CANON AIO Printers. Should we bill it at 5% or 13.5%. Our Local consultant is advising us to bill @5% as it is mentioned in our Canon Purchase Bill as Printer which falls under 5% Category. But when we check the specification of the said printer from the Canon Site it says Printer, Scanner and Copier. As per the New SRO Notification the Scanners and Copiers should be billed @ 13.5%. What should be our stand??????? Please advise.... Also suggest some good consultant who can be appointed by us for taking care of our Jammu Branch Statuotory requirements.....

N SURYANARAYANA   03 June 2015 at 13:11

Incometax act, 1961

Sir, Whether under ULIP(Wealth-Plus) Policy the pre-matured withdrawal is taxable. It is a case where the policy has been taken by a person aged 62 years on 25/02/2010 for a term of 8 years and paid single premium of Rs.4 lakhs. Sum assured is Rs.5 lakhs. An amount of Rs.373672/- was received from LIC on surrender on 11/10/2014 with TDS of Rs.7472 u/s 194DA. My query is whether the entire amount is taxable under I.T.Act, 1961 for the AY 2015-16 . Please offer your valuable comments. Also state whether loss so incurred (premium paid minus maturity value) on account of investment can be allowed to be set-off under other heads of income.

Biplab Swain   01 June 2015 at 15:46

Tds on daily wages

Sir/Madam,
Sorry if I am repeating a simple question. We are an Association under trade union act in Motion picture industry. In order to ensure equal work to all members and surety of payments, we used to send workers on rotation basis to different production houses in serial industry on daily wage basis, which are paid at the end of the month by the production house to the association(in some cases directly to the workers also) for disbursal.

Hence under the circumstances, is any tds is liable to be deducted by the production. If so, what would be the percentage and under which section. Please also note that the no worker in any case gets more than 5000.00 per month.

Most important, since theses workers are hardly 10th pass, primarily agricultural workers, with part time work in movie industry during lean periods, what can be the best way to help them avoid any TDS as they will definitely find it difficult to file Returns and claim a refund.

A prompt guidance will help us put forth our side of the story to the production houses.

sanjitroy   29 May 2015 at 17:27

Input service tax adjusted against excise duty payment

Dear Sir,

can you explain in details adjustment of input service tax against payment of central excise duty & what is the process to adjust the input service tax & time bound for service tax credit.

1)input service is taken for advertisement,telephone bill,commission bill on cc loan & rent of the factory of the product.
2)for the month of dec-14 we forgot to take adjust of all the input service tax bill,can we now adjust remaining input service bill against excise duty payment for the month of may15, (note-advertisement bill is not yet paid to the vendor)

Monesh Agrawal   27 May 2015 at 13:58

Income tax refund

सर
मेरा इनकम टैक्स रिटर्न FY. 2009-2010 के लिए फाइल किया था जिसमे मेरा Rs. 11340= का रिफंड बना था. जिसका चेक मुझे डेटेड 08-11-2012 को प्राप्त हुआ और मुझे पता चला कि रिटर्न फाइल करते वक़्त मेरा बैंक अकाउंट नो गलत लिख दिया गया था. जिस वजह से मेरा रिफंड का चेक क्लियर नही हुआ. मैंने अपने अधिवक्ता से बात किया लेकिन उसका अब तक कोई उपाय नही निकला और मुझे मेरा रिफंड प्राप्त नही हुआ. इस सन्दर्भ में कृपया मेरा मार्गदर्शन करे कि कैसे मुझे वो रिफंड प्राप्त होगा.