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K.K.Ganguly   23 May 2012 at 13:34

Is export of software taxable?

Would the Ld. Experts give their valuable opinion on the following matter:

1) One software professional was terminated without settling his dues by a software Company. While claiming for the damages & dues by the employee, the Company stated that the employee did not return the laptop that is why his dues of Rs.10 lakhs was not paid & release letter not issued.
2) The employee claims that the laptop contains the programmes he was made to write when he was sent to USA on business visa and he wanted to keep the laptop containing such programmes in edited form as a proof that the Company is exporting software without paying appropriate duty to the Govt. He had already informed the Company to deduct the book value of the laptop from his dues. He is saying that recently some claim has been made on Infosys by the Govt. in this regard.
My question is:

a) Can the programmes written in USA by an Indian Professional against payment made to the Company be charged as export of software?
b) Is there any export duty for exporting software?
c) What other charges can be brought against the Company for the said act?
d) What is the Infosys case in this regard?
Thanks.

narender   23 May 2012 at 07:55

Service tax on flat parking

i have purchase a flat in bhiwadi. my builder charged service tax on parinng space @12.36%. can any body tell me about the apllicability of service tax on car parking space.

Deepika Singhal   23 May 2012 at 00:43

Tax research associate

I am lawyer with over 3 years of practice. I wished to start my own work so i pursued a PG Diploma course in Taxation. Now the course is over, but I wish to take some practical training before i jump into the field. Is it feasible if i seek affiliations from tax lawyers to give their tax related queries to me and I do the research work for them and mail the entire legal memorandum to them??

harshit mehta   22 May 2012 at 20:54

Under gujarat vat act

my client is registered under gujarat vat act and cst act.He wants to purchase goods from raipur(zarkhand) and sell this goods directly to party at bellary(karnataka).so in this case, which tax is payble on purchase and whether any tax is be collected for sale to karnataka pary as this is l/r sale. and whether c-form is required to issue and to obtain in respective transacion.

RAJENDRA KUMAR KAWADIYA   22 May 2012 at 18:06

Service tax & cst on single bill

Dear Sir,
I would like to ask to you when I purchased software licence from Delhi and party charged CST @ 5 % and Service tax @ 10.3 % on total Invoce value.can be possible to charge CST & Service Tax on single Invoice.

Amar Phulwani   22 May 2012 at 16:48

Works contract tax

Dear Sir,

With reference to this amendment:

The issue is about Government taking up construction activity of dams, irrigation projects, buildings or infrastructure construction etc. through turnkey or EPC (Engineering Procurement & Construction) mode. The said service is covered under Section 65(105)(zzzza) of Finance act, 1994. The said section itself excludes works contract in respect of dams, tunnels, canals or irrigation projects, road, airports, railways, transport terminals & bridges executed through such turnkey or EPC mode. Hence works contract in respect of above works even if done through turnkey or EPC mode are exempt from payment service tax.

Sir in this regard, i will like to take ur expert advice, will installation service will be exempt under this section or not?

Thanks in advance

G MUTHUKRISHNAN   22 May 2012 at 10:06

A charitable trust take over of another

Can you please provide me a MOU draft for the above subject please.

Thank you,

Yours
G.Muthukrishnan

anand   21 May 2012 at 12:18

Misrepresenting business expenses

If a business partner is extensively misrepresenting personal expenses such as vacations abroad, personal travel expenses, etc and claiming these as business expenses, does this qualify as tax evasion? I have documentary evidence of this. Under what sections do I report it to the Income Tax officials?

CA Vaibhavi Jhaveri   21 May 2012 at 10:40

Dubai's income where to present in itr

My friend is non-resident. He is residing in Dubai. He is earning salary income there. So his dubai's salary income will not be taxable in India. As it is not accrue or airs in INDIA. But still he wants to show it in return of income (ITR) for the purpose of getting loan. ITR 1 is applicable to him. So now my query is in ITR 1 where can he show his dubai's income.

There is no row or column in ITR 1 by which he can present his dubai's income.

Anand   20 May 2012 at 22:43

Loan return

I had lent Rs. 5 lakhs to a relative via cheque for helping with his business. There is no loan document but he has signed and acknowledged receiving the same and depositing the cheque.

Now, after 2 years, he has not returned the money to me as promised and we are not on speaking terms. I sent him a legal notice to which he claims he returned the money in cash as I demanded it in cash. This is false.

I am trying to file a civil suit for loan recovery. In addition, can I also report him to the Income Tax u/s 269T and 271E as he claims to have returned money greater than 20,000 in cash? The alleged return is actually false - can I still mention it to Income Tax and force him to admit it is false.

Thanks.