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Anonymous   12 February 2010 at 22:03

Right in the Property or possession

Hi !One of my friend entered into sale agreement with a Builder in the year 1994- he paid about 80% of the amt by 2000. In the year he executed another agreement with a Builder for payment of stamp Duty and registration of document.

My friend sold the flat in the year 2002 to a third party- my friend showed the Gain on the ransacion as ong term capital gain and invested the amt in tax saving bonds

The ITO at the time of assessment treated the amt as short term capital gain computing the period of holding from the second agreement instead of 1st agreement citing the date of possession is the date from where the period o holding is to be counted.

The second agreement is verbatim reproduction of the 1st agreement, however no mention of this agrement is made in the second agreement-however the mention of the 1st agreement is made in the sale agreement executed in the year 2002.

My query is- if the stanad of ITO is correct.

I understand the definton of Capital Asset also inludes the right in the property- pl give some ctiation case laws to defend before appellate authorities.

R.Manivasagan   11 February 2010 at 21:48

No Objection Certificate

Sir, is it mandatory to get the "No Objection Certificate" from the Income Tax Department as per Section 296 B(c) of Income Tax Act when the property value exceeds, Rs.25 Lakhs and above. Please clarify me.

prasad   11 February 2010 at 11:02

service tax

Service tax for the quarter jan - March needs to be paid by 31st march By individuals & partnership firms.My client runs a beauty salon & will be serving to customers till 31st night. Then how is it practically possible to pay the service tax to be collected on the 31st on the 31st? Pls guide me.

SUBHASH SHARMA   10 February 2010 at 15:46

SERVICE TAX ON TRANSPORTER

I HAVE RECD ONE BILL OF TRANSPORTER FOR RS. 18,500/- HE DOES NOT HAVE SERVICE TAX REGISTRATION.

SERICE TAX HAVE TO DEDUCTED AT WHAT RATE.

THANKS/REGARDS

SUBHASH SHARMA

Pallavi   10 February 2010 at 10:57

Expats Employment

Dear All,

Good Morning,

As I work for a private company in Bangalore as HR, we have an foreign employee working in our office in Business Visa now our company is planning to convert his visa to employment Visa, can you all please let me know what are the terms and conditions to appoint him in contact employment and also let me know the taxation, his salary will be paid by our company and claimed later from the client.

Thanks
Pallavi

MOHD. SAIF SIDDIQUI   10 February 2010 at 00:48

denial of provisional refund on sale in thecourse o export

notices have been issued to dealers of claiming provisional refund of sales made agst. Form H,denying provisional refund on the basis of high court deciss. on monga rice mills case, and case of m/s neeru enterprises. does above cases apply in u.p. vat where sec. 41 is clear regarding refund.

MOHD. SAIF SIDDIQUI   10 February 2010 at 00:46

denial of provisional refund on sale in thecourse o export

notices have been issued to dealers of claiming provisional refund of sales made agst. Form H, on the basis of high court deciss. on monga rice mills case, and case of m/s neeru enterprises. does above cases apply in u.p. vat where sec. 41 is clear regarding refund.

YASHPAL RAWAT   09 February 2010 at 21:31

Sales Tax

If Goods are purchased in one Depot from Vendor and further transferred to another Depot in other state against F form . whether receiving depot can return the goods directly to vendor as purchase return.

Anonymous   09 February 2010 at 12:01

Partnership agreements at the start of collaborative busines

Partnership agreements at the start of any collaborative business venture.

I'm going into business with my best friend and want to protect our friendship.

I am going to invest 100% in stock market and heis going to do trade , how to do understand partnership , whether it should be 80-20 %

Total Investment mine and his investment nil

yogesh sheth   08 February 2010 at 20:35

CAPITAL GAIN

Dear Sir,

I have sold old gold oranaments recieved from my ancestors in this financial year for which I have not incurred any expense and recieved Rs 329000/-. Kindly let me know whether I will have to pay any capital gain tax on it or not. If yes please let me know the calculation as well as amount.

Regards,

YOGESH SHETH