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vinaykala   15 July 2012 at 09:18

Ito denies refund is due when ack copy shows refund claim

dear sir,

in reply to my rti app for refund for ay 0809 of rs 15888/- which is shown in the acknowledged copy of the return the ito has stated that no refund is pending.

he has sent a certified copy of their own assessment internal paper that instead there is a demand against me for tax.

i have not recd any ass order.

they admit in writing that they do not have the return in their own records.

but based on the return form, only return form without enclosures which i gave to them on their request and which they admit in writing to the lok ayuukt they have stated that the cap gains tax is at 20% without knowing the type of cap gain it is.

they have assumed, based on my copy of return, without enclosures given to them that cap gain is on porperty where int is 20% but my cap gain was at 10% on equity oriinted debt fund s which are taxed at 10%.

in short without any enclosure of basis they have cooked a demand which was not sent to me.

i feel that instead of responding to this reply by july 15, i must file another rti seeking copy of assesment order sent to me, copy of computation of cap gains, copy of the return enclosure from which they computed the gains and also question them on the internal note they have sent where cooked up demands for interest on delay payment of tax , etc is made.

i seek expert advice on this matter as this is deliberate wilful and dishonest act on their part.

it must not go unpunished.

vinay kala

july 15,12

nitin jain   14 July 2012 at 13:57

Excise matter

Dear Sir/Madum,
If an assesee lost the case in supreme court and supreme court order for the payment of excise duty + penalty + interest to excise department.This amount is more than total worth of the company.

1) In this situation the assesse can go to excise settlement commission or not to save the company?Is there any chance to write off panalty and interest by the settlement commission as the company can only manage to pay the duty?

2)If the first option not possible then what things the excise department can sell to recover the revenue?Only the company property could sell or personal asset of the directors can be sold off?

please reply we are very affraid as no body is guiding us properly.
thanx


wilson desai   13 July 2012 at 13:07

Gift from brother on birthday taxable & max limit?

gift received from real brother(via cheque) on birthday is taxable ? & whats the max limit In a financial year?

Subhagata Dey   13 July 2012 at 11:07

Interest u/s 234b/234c

When an employer has short deducted tax and the matter came alive in the FORM 16, whether the employee needs to pay interest on the income u/s 234b/234c while paying the self assessment tax after March 31?

Subhagata Dey   12 July 2012 at 10:08

Whether advance tax is to be paid

I would like to know if a capital asset is sold in January 2012 whether the estimation of the gains to be included in the calculation of advance tax for September 2011? If not paid whether interest u/s 234B,234C is to be paid uner IT Act 1961
Whether for the capital gains "pay as you earn" concept is accepted.

Anand Reddy   12 July 2012 at 09:07

Service tax on soverign functions of govt. outsourced to private companies

Sir,
In the new Negative List of Services not to be taxed the first mentioned Service is
1.1. Services by the Government or local authorities: These will include such services like getting a passport, a driving license, paying municipal taxes, car registration fees, police fines and so on. What you pay for such services will not include any service tax.
But of course, there are exceptions. Service tax will still be applicable on:
- Speed or Express Post, and life insurance bought from a post office
- airport services
- government services provided to businesses. (Companies will pay it on the annual filing charges payable to the Registrar of Companies, for instance).


With reference to the above I request you to guide me on:
Whether Service Tax is payable by the Private Company if Soverign Functions of Govt. are Outsourced to the Private Company?

pooja dedhia   11 July 2012 at 18:30

Gift by huf to his co-parncers is allowable without tax

huf has transfer the cheque of amt rs 11 lacs to his co-parcers in love & affection

is above transaction will cover tax implication? if yes to whom it is payable? which section is support ?

pankaj mahajan   11 July 2012 at 15:54

About taxation

Sir ,i have sell a flat ,and this flat is my mother name and she is housewife .i have open joint account in icici bank ,flat cost as per market value is 18 lac(ragister value)my ?? is i want all amt will be diposit at our joint accont ,befor the deposit 18 lac amt what doc will submited in bank and what is cycle peried of income tax and how to save in come tax and but our next plan is buying new big home

pls give suggetion....

CA Sahi Singla   11 July 2012 at 15:30

Service tax demand by excise officer ?

Sir
I have a Non SSI Partnership Firm engaged in Manufacturing of Iron & Steel. During the year, I availed service of Good transport Agency as input service. The freight of all the Consignment Notes was less that Rs 750. Total amount of Freight paid was Rs. 50000 during the year to one Goods Transport Agency. During Central Excise audit, The Superintendent of CE asked me to paid Service tax on Rs. 12500 i.e. 25% of 50000. He said that exemption of Rs. 750 has been withdrawn under reverse charge basis. I told him that he's not correct. But he is not agreeing on my explaination. He said that he will issue Show cause to me if i didn't apply for Service Tax reg. no. & pay the whole service tax.
Kindly tell me what alternative i have against this action of officer ? Can i appeal against his SCN ? Can i demand stay on deposit of demanded Tax ? if yes, plz guide.

Ajit   11 July 2012 at 13:08

Tds

In case some person has created or made documentary film and sold it to some Statutory Body or Institution at Rs 4 lacs. Whether it comes under the definition of Sales of Goods or Consultancy Services as the Statutory body is deducting TDS on Rs 4 lacs under section 194J?Whether TDS is applicable to such payment or not as we are saying that we have sold the documentary to you. Any case law in this regard………..