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CHIRAG ZALA   24 May 2010 at 11:14

Penalty u/s 271(1)(c)



If computer software has done mistake in calculation of income from capital gain , is it fare to levy penalty u/s 271(1)(c)?

The matter happened such that there was two agricultural land having different Revenue Survey No. and while in finding out the Indexation cost of both agri.land , computer software has done index cost of one agri.land correctly and while for second agri.land , it has taken index cost of second agri.land together with first agri.land index cost, thereby index cost of second agri.land increased by first index cost of agri.land.

And assessing officer has arrived on decision that assessee has provide inaccurate data and therefore penalty should be levy on such transaction.

So, my question is that Is it fare enough when explanation given to assessing officer and all particular data provided to the computer to find out the income from capital gain and just because of computer software mistake, assessee suffers from levy penalty???????????

vivek   23 May 2010 at 13:32

section80 c

what is the meaning of deffered anuity plan

SUNIL KUMAR SRIVASTAVA   22 May 2010 at 15:15

FORMATION OF HUF

I AM A SALARIED EMPLOYEE. CAN I FOR AN HUF HAVING COPARCNER AS MY WIFE AND DAUGHTER AND REMIT SOME AMOUNT FROM MY SAVING TOWARDS INITIAL CORPUS OF HUF. THE HUF WILL INDULGE IN SALE/PURHCASE OF SECURITIES/SHARES AS BUSINESS. SINCE THE HUF HAS SEPARATE LEGAL STATUS CAN I, BEING, A GOVT. EMPLOYEE, MANAGE THE AFFAIRS OF HUF AS KARTA. WILL THE BE ANY LEGAL COMPLICATION AS ON MY EMPLOYMENT. IF I CANNOT CONTRIBUTE TOWARDS INITIAL CORPUS OF HUF THEN FROM WHERE THE HUF WOULD GET MONEY.

Anonymous   22 May 2010 at 14:43

Income Tax

My client has transferred from Delhi . He is in employment with private company. He has filled return at delhi . Now he has shifted mumbai and filed return with mumbai. Not yet informed previous ITO .
What to do now .

raj kumar   21 May 2010 at 15:38

tds on transport charges

truck driver submit a transport bill of "A transport agency" but he wants to issue a cheque infavour of truck owner and therefore he also submit pan card and rc copy of the truck. should i issue a cheque infavour of the truck owner without deduct tds? or what shall i do?

Anonymous   21 May 2010 at 12:10

Meaning of Turnover in VAT

Dear All,

what is meaning of turnover as per as vat rule can i mention such as goods which is comes under the service tax, for example if I purchas SIM Card, Recharge Coupon & connection where service tax mention on the bill and sell to customer, can i assume the above itemes tretad as goods and show in turover in vat in exepted sechudle.

Plz give u r valuable advice in this regards with VAT Section.



Anonymous   20 May 2010 at 19:22

Service tax on rent

If a landlord has not collected and not paid any service tax on rent in light delhi HC judgement and filed return as nil with foot note that service tax not applicable in light delhi HC judgement.Now in light of finance act 2010 what is the liability of land lord in following conditions.
1.Service tax not collected
2.tenant has already left.
Plese through the light on this

Vidya Sagar Shukla   20 May 2010 at 18:02

Tds of Computer Software

Dear Experts
I have got bill of Accounting Software for Rs 60000-00 support for a year. As per my knowledge & belief this is the service in capacity of professional & technical service and tds must be 194 J. But the vendor is resisting it to be contract for the maint. I may also claim with my client that I have contract for books writing for the year similarly a C.A., Lawyer and Technical Engineer may go same way ? Please guide how to differentiate between professional & technical apart from contract (means how to argue to differntiate that certain contracts may be under 194 J, as professional & Technical services are also contract to pay for the services received)

Thanks to all the persons reading it and replying it.

With Best Regards
Vidya Sagar Shukla
accounts.perfection@yahoo.com

prasad   20 May 2010 at 16:49

Service tax

Works contract service was introduced on 1-6-2007.A composition scheme was introduced and the rate was 2.06% till 28-2-2008.It became 4.12% from 1-3-2008.
Now, if Work executed after 1-3-2008 in respect of contract partly executed prior to 28-2-2008.Is it liable to tax at old rate of 2.06% or 4.12%.Why?

secondly, can composition benefit be claimed on advance received before 31-5-2007 for works contract to be executed after 1-6-2007?

Pls answer

Anonymous   20 May 2010 at 12:55

luxuary tax

Can commission received by hotels for services outside its premises be subjected to luxuary tax.