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Asha   14 February 2013 at 12:43

Income tax_service tax

When a landowner (L), having plain land or plinthed land) enters into a JDA with another partner (Developer(D))on the terms that the landowner shall bring in land(lying in his WIP) with all necessary permissions of construction, TDRs etc, and D shall do the construction on the land with his finance, infrastructure, material etc. The return for both the parties should be share in the saleable area in some pre-determined ratio. Also D shall give some fixed amount upfront to the landowner in the form of interest free deposit or something. In such a situation : Will the amount so given by D to L in the form of interest free deposit atrract any kind of tax under the income tax laws? Can L still show the land in his books (as only development rights shall be given to D to allow him to construct the property)? Can both of them maintain their set of expenses in their individual books of accounts and be taxed individually for their respective share of saleable area? What will be point of taxation under the income tax laws? How will this transaction be treated under Service Tax and VAT laws? Can any department treat it as an AOP? If yes, what would be the consequences, wherein we have maintained all records in individual books and paid all necessary taxes in individual capacity?

Rupesh   13 February 2013 at 14:46

Works contract tax

Respected sir,

We have a taken a new civil contract in Rajasthan and we have registerted ourself as wct dealer in Rajasthan Excise and taxation department. In this site(Rajasthan), we build building on erection basis i.e. we will develop/build pillars in Haryana and send pillars to rajasthan. We have also registered in Haryana Excise and Taxation Department as wct dealer. Nearby 30% purchases of Rajasthan contract will made in Haryana for building pillars that would transferred to Rajasthan.

Now question arise Can we transfer/goods from Haryana to Rajasthan under Form "F". Because Rajasthan department will not give "f" form to wct registered dealer.

And if we transferred the goods on challan then Haryana department will not issue the C forms because we are not showing sale, we are only showing purchases.

Pl. guide the correct practice.

sudhindra   13 February 2013 at 09:17

Regarding karnataka vat act

As per Karnataka vat act,liquor, wines are exempted goods.whether they are required to register under vat act?
wines shops are also sells taxable goods like soft drinks, soda, mineral water etc. as per Karnataka vat shop's having taxable turnover less then Rs 5 laks annually, need not to be registered.
wines shops with a turnover of less then 5 laks required to register under Karnataka vat?

Member (Account Deleted)   12 February 2013 at 15:17

Rti

Can any one give me the full new address of ITO,46(3),New delhi?
It is required for raising a query under the above Act in connection with my tax refund.

srinath   11 February 2013 at 15:42

Clarification on vat

Hello sir/madam,

I have purchased a flat measuring 1367 sft.
Now the builder has sent a letter to all owners saying we are liable to pay a VAT of 8.5% which is calculated as {( BASE PRICE X Builtup area) + car parking } * 8.5%.

We have around 80 flats in the apartment and nearly 60 flats have been sold and the builder is charging each & everyone owner at a flat rate of 8.5% only.
When we requested for providing the break-up, he simply replied in negative saying he cannot give any breakup and whatever is demanded is to be paid.
even on rough calculation, the builder will be collecting more amount as VAT than what he has actually paid.

Now the question is Can we ask for a break-up of VAT paid by the builder to the Contractor. or can we, the owners approach the CA who has calculated the amount/Rate of VAT for necessary clarification.

pl. clarify.

Thanks,

srinath.

Govindarajan   11 February 2013 at 13:54

Income tax

Dear Experts Our Company is under assessment both under regular assessment and Transfer Pricing . Now Transfer Pricing Officer ( TPO) has passed order adjusting our Purchases ( Credited purchase ).What is the remeady available . Can we file a appeal or should we wait till the Assessing officers order ? Please Advice

YAGNESH HASMUKH DAVE   09 February 2013 at 13:26

Taxation law

A PERSON IS GIVING HIS LAND FOR DEVELOPMENT TO BUILDER HOW IS THE CAPITAL GAIN IS GOING CALCULATED WHAT DCOUMENT WE HAVE TO TAKE AND WHAT IF THE LAND VALUE IS NOT AVAILABLE WHAT WILL BE EFFECT INCOME TAX PLEASE ADVICE

YAGNESH HASMUKH DAVE   09 February 2013 at 13:20

Taxation law

A PERSON HAS AGRICULTURE LAND CONVERTED TO NA PLOT HE WANTS TO CONSTRUCT RESIDENTIAL PROPERTY WHAT WILL BE EFFECT IN INCOME TAX IF LAND TAKEN IN PROFIT & LOSS A/C WHETHER CAPITAL GAIN WILL ARISE AND WHAT WILL BE THE EFFECT IF HE DO NOT TAKE LAND IN PROFIT LOSS PLEASE ADVICE

YAGNESH HASMUKH DAVE   09 February 2013 at 13:15

Taxation law

mother has expired now his daughter is receiving her mother gold jwellery what type of legal document she has to make for income tax purpose will the gold jwellry value will be reflected in her personel capital a/c & balance sheet any tax will be levyed please advice as i have to file her income tax return

pravin   06 February 2013 at 22:36

Under construction flat loan income tax benifit

I have bought one under-construction flat in Pune on Aug 2011 which is still under-construction and will be get possession in Nov 2013, currently i am staying on rent in same city. Now I am paying Home Loan EMI(Int.+Principle) & Rent. As per my employer rule i can only claim HRA, not a Home Loan EMI because i am not have the possession letter.
So please suggest me can I take a tax benefit of both EMI & HRA in financial year 2012-13 without possession letter. So i request you that please give me any reference legal document as a proof for claiming both HRA & Home loan amount at a time.