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Anonymous   05 June 2010 at 17:57

Gift Tax

Sir,
There has been conflicting answers received for my query. I shall be thankful if you kind enough to clarify the following on the GIFT TAX

1. the original value of the shop purchased 5 yers ago is say 30 Lakhs
2. Present market value as per Circle rate is say 35 Lakhs
3 Now a sale deed was prepared at discounted price of Rs 5 Lakhs as it was sold at Rs 5 lakhs to "relative" (son of elder Brother) out of love and affection .

Kindly let me know whether the Income Tax is Payable at Rs 35 Lakhs by the Donee (Real nephew) OR
An amount of 5 Lakhs is Taxable OR
It is total tex free as it falls in the Gift Categories
I shall be thankful if u kindly let me know the details and other precaution to be taken while preparaing the sale deed and gift deed

Regards
Riya

Anonymous   04 June 2010 at 14:35

TDS MATTER

DEAR EXPERT

KINDLY ADVICE THE FOLLOWING MATTER

WHEN A CONTRACTEE SUPPLIES DISEL TO CONTRACTOR FOR CARRYING OUT THE CONTRACT AND THE CONTRACTEE BOOKED THE DISEL AS HIS EXPENSES WHETHER TDS IS TO BE DEDUCTED FROM THE BILL AMOUNT OR THE BILL AMOUNT AND THE VALUE OF DISELS SUPPLIED TO HIM

REGARDS

Anonymous   04 June 2010 at 11:18

HOW TO GET CREDITORS LIST

One company to whom we sales, in not making payment since last 12 months of huge amount. Now a days, this company make a change in main object of its business. As far my knowledge is concern, company has filed petion before ROC/CLB, along with list of Creditors (Previously it was Form No:7). As the company is not giving copy of account and payment, I want to know whether my name in creditors list or not. Pl. help me how to get certified copy of Creditor's list. It is confirmed that main object changed on 17th February, 2010 (from search of ROC). Any one can help me ???
Thanks a lot in advance,

Sanjay Sharma   04 June 2010 at 11:07

Effect of Notification No. 24/2010 dt. 26.05.2010

Dear Experts,

We area a Company of manufacturing Tractors. We are exporting our tractors to various countries all over the world under cover the Excise Notification No. 42/2001 dt. 26.06.2001 as amended. We have submitted the required LUT for 12 Months for Jan-2010 to Dec-2010.

Tractors is exempted for the payment of excise duty by the Notification No. 23/2004 dt. 09.07.2004. Now, the CBE & C issued a new notification No. 24/2010 –(N.T.) dt. 26.05.2010 with the condition “
(iv) that export of excisable goods which are chargeable to nil rate of duty or are wholly exempted from payment of duty, other than goods cleared by a hundred per cent export-oriented undertaking, shall not be allowed under this notification;”

After issue of this notification as per my understating it is clear that there is no need for the submission of LUT or bond to export the manufactured goods while exempted for the payment of excise duty duly specified by a notification.

I want to clarify the following questions ---
1.Are we require to submit the LUT for future export?
2.Can we cancel our LUT and stop complying with the terms and conditions of the notification No. 42/2001 with immediate effect, as we have to sent the triplicate and quadruplicate copy of ARE-1 on post export basis?.
3.Can excise department put force on us to continue the exiting LUT and compliance under it ?

Regards
Sanjay Sharma

prithwish sengupta   03 June 2010 at 15:22

shareholder in private company

can private trust be a shareholder in a private company. if yes then what are the requirements for the trust??and under which section of companies act?? is there any tax implication under income tax act?? respective case laws if any.

thanking you.

Anonymous   03 June 2010 at 10:51

Capital Gain on house property

Gd mrg to all..My client purchase land in 1975.He was constructed approx.1100 Sq feet in 1988 and 1100 sq feet in 1995 but their is no documentary evidence of construction.sale out of house in March 2010.
Q.what is solution for capital gain calculation purpose.

Anonymous   03 June 2010 at 10:47

Capital Gain on house property

Gd mrg to all..My client purchase land in 1975.He was constructed approx.1100 Sq feet in 1988 and 1100 sq feet in 1995 but their is no documentary evidence of construction.sale out of house in March 2010.
Q.what is solution for capital gain calculation purpose.

Anonymous   03 June 2010 at 10:44

TDS under section 194J or 194C

Dear Sir/Madam,

I would like to know whether TDS need to be deducted under section 194J or 194C on the amount paid to language translators in the following two situations -
a. Seperate contract with each individual translator specifying the rate for each word translated?
b. Hire the service from a translating company which provide the said service?

Will the translataion fall within the definition of fee for technical service as defined in explanation 2 to section 9(1)(vii)? If yes, is there ay case law or circular or notificaiton to this effect?

Anonymous   03 June 2010 at 10:32

service tax

Gd mrg sirs/madams..my client is travel agent he tooks car Per km basis from individual owners and forward after addition some profit to one Ltd co. per km basis.Ltd co tax deducted as contractual payment @ 2 % on full payment Rs.12 lacs.
Q1.Audit U/s 44AB required.
Q2.Service tax Liability arise.

Anonymous   02 June 2010 at 16:49

Can company take loan from other than company / share holder

One of my clients has taken loan from Company where he hold no shares of the company. As per my view, company can't grant loan to individual in such a manner as per company law. He asked me section of the company law. I am not known section under company Act. Can Anybody help me ???