Uttam Kumar Borthakur
27 June 2014 at 10:47
A statutory authority under a state or central Act are apparently artificial juridical person. Similarly, a deity too is an artificial juridical person. Therefore, while applying for PAN, the status ought to be 'Artificial Juridical Person'. However, the problems arises, when such authority or deity is also 'charitable' institution. If its status is filled up as Artificial Juridical Person for the purpose of e-filing of return of income, the option of filing the return in Form 7 (for approved charitable institution) is not available unless the status is filled up as AOP (Trust), which is not the status as per PAN registration, and other problems showing mismatch arise. What is the remedy for this problem? What is AOP (Trust), it is not defined in the Income Tax Act, 1961?
Neeraj Kumar Giri
26 June 2014 at 00:43
Dear Experts,
Kindly advice me upon the case.
One of my friend who is engaged in hardware shop in West Bengal, and the shop is very small and some how he use to survive by the help of the shop, but recently a Notice u/s 66(1) of W.B.VAT ACT-2003 has been served by the Sales Tax Officer, in which it has been demanded to produce Sale Register, Purchase Register, Bill, Invoice, Cash Memo, Balance Sheet & Books of Accounts.
The same has been produced before the Sales Tax Officer and as well as he had registered himself u/s 24 sub section(1)sub clause (b), and after hearing upon the notice u/s 66(1) The Sales Tax Officer was satisfied and dropped the case by marking remarks on the notice by writing that "the case was discussed and the assessee has registered himself under VAT ACT, hence the case is dropped.
Thereafter, again the same officer served a Notice in FORM 4, (Notice calling for objection against imposition of penalty under sub-section(4) of Section 23 or sub-section (2) of section 25 or sub-section (5) of section 40 or sub-section(1) of section 30C or sub section (4) of section 39 or section 101 of the west Bengal Value Added Tax,2003.)
Stating that the assessee have failed to comply with the provision of Section 64, and failed to produce books of Accounts as prescribed u/s 66A read with rule 93A.
Under such circumstances I would like to ask my experts that the same Sales Tax Officer who issued me first Notice u/s 66(1) has himself dropped the case and again he served me another notice u/s 65 & u/s 66A read with rule 93A on the basis of first notice, is it not a form harassment conducted by the Sales Tax Officer, is he not misusing his power of being a Government Employee.
I would like to ask my experts that under this situation can I file a case of Harassment against the Sales Tax Officer.
or what to do to come out from this problem. Please specify with rule and section under particular Law.
Thank You.
MILIND P. PARANJAPE
24 June 2014 at 20:19
Can appeal withdrawn be restored after rejection of revision
singh
24 June 2014 at 17:01
sirs,
I am an NRI.(merchant navy)I had sold my plot for Rs 13,50,000.The purchaser registered the plot at Rs 4,00,000 which was the govt.circle rate at that time as he wanted to save money on registration.
I deposited the entire Rs 13,50,000 in my bank account.
at the time of finalizing the deal i had taken Rs 1,00,000 as a token money and the balance 12,50,000 was paid to me at the time of registration by the purchaser.
In the assessment year 2008-09 Income tax department sent me a notice stating that out of Rs 13,50,000 only Rs 3,00,000 is the amount realized by the sale of plot but the balance Rs 10,50,000 is liable for tax as according to them it is an unexplained income.
They have considered just 3,00,000 and have ignored Rs 100,000 which was an advance received as a part payment of the plot.
They are asking for tax on the amount of Rs 10,50,000.
they taxed me of around Rs 3,50,000 apprx and as i didnt pay that now adding interest to it the amount has come up to Rs 5,00,000 as tax payable.I had requested for installment which they have converted into 6 installments but I wish to make an appeal and request for exemption of all the tax amount as i am not at fault.please help
chinu
22 June 2014 at 20:06
1. We sold our ancestral property for Rs 15360000/-.For three of us,my elder brothers in law and me (my husband died 6 years ago) the share came as 5120000/- each. We are put up in different cities and are not in talking terms.
2. The problem is that I will be investing my share in capital gain account but what if they don’t do so.
3. Although in the sale agreement pan nos. and names of all three of us are written and it is also mentioned that the amount is divided in three of us with the details of D.D. Nos. given to us at the time of selling.
4. Can I go forward with my investment calculating the long term capital gain tax for my amount i.e. for Rs 5120000/- and invest in property later.
5. What if they also are putting their share in buying property? As far as I know you can buy only one property after selling one property.
6. The property was purchased in year 1959 for approx. Rs. 27,000 and sold in year Dec. 2013
Please guide me asap.
sundar sastri jain
22 June 2014 at 15:25
I am proposing to give a shop on rent fetching 22,000/- as rent.There are 4 legal heirs being lessor in equal share.We want to know,Whether, 1 single rental agreement be sufficient covering all 4 lessors OR Separate rental agreement for each lessor.
Pls suggest Respected Experts as my advocate and ca is different.
Ajeet Singh
22 June 2014 at 11:37
Dear Members,
Here I would like to share one of my doubt regarding exemption and input credit of services tax for a manufacturing company which is in SEZ and at its Real Estate business in DTA zone where it is engaged in providing lease rental services.
Lease rental services
The Company providing lease rental services to tenants and charging services tax @12.36% on rent of immovable property, furniture and maintenance services there it is taking input credit adjustment of services relating to lease rental services i.e, repair and maintenance services of building, security services and upkeep services.
Input Services for manufacturing in SEZ
All taxes are fully exempt that are brought in SEZ area even we have to pay service tax on input services after obtaining certificate of exemption from development commissioner of SEZ as the final exemption can be issued by dept. of excise and customs but the authority have denied to issue us Form A 2 (Exemption Certificate of Service Tax) as they have verbally said that we cannot get the exemption at their end because we are already taking input service benefit relating to real estate lease rental and charging service tax.
So, please suggest me whether we should claim refund of input services that we are paying or we should go through another option with reference……
Thanking you,
CA Vikalp Agrawal
21 June 2014 at 21:07
Please help....
(1) If the assessee (Society) Paid vehicle rental charges of Rs 15000=00 p.m. (Total 1,80,000=00 p.a.) to individual assessee, then T.D.S under what section should be deductible; section 194c or section 194i ?
(2) Is it necessary / compulsory to take registration under Employees Provident Fund and deduct EPF from the Employee's Salary; if assessee is Society, registered under Madhya Pradesh Society Registration Act.
Naresh Mohan Gupta
20 June 2014 at 15:14
For the A.Y 2013-14 I have deposited some self assessment tax (on the accrued bank interest) in SBI on 1.7.2013 and 16.7.2013. The tax has bee deposited in Major Head (0024),Minor Head Self Assessment Tax (300). Is it wrong head? What are the correct Major and Minor Heads? What should I do to rectify this mistake as I have been intimated by IT Deptt that the tax deposited by me is unmatched Tax and I have to pay that amount again. Regards.
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Tds on foreign transaction
DEAR USERS ON OF MY CLIENT( A PRIVATE CO.) BOOK A STALL IN A TRADE FARE AT KENYA THROUGH A COMPANY IN DUBAI AND PAID $3000/- IS THERE ANY TDS ON SUCH TRANSACTION
IF YES THAN RATE OR IF NO THAN REASON PLZ SPECIFY THE RELEVANT SECTIONS.