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BHUPAL SINGH   22 September 2009 at 09:26

INCOME TAX & CAPITAL GAIN TAX ON SALE OF AGRICULTURE LAND

Dear Sir,
I am a retired Army officer,aged 73 yrs.
InApr09,I sold some Agriculture Land ,
inherited from my parents,who are no longer alive. This land was alloted to my Grand Father in 1949, in lieu of land left in Pakistan.I have only 2 sons.My wife expired in 2007. The entire amount was deposited in our HUF Acct.Out of this, I gave 1/3rd to each of my sons by cheque(to their NRO Accts) as their share & I took only 1 Lakh.Balnce in HUF Acct was put in HUF FDs. All of us Income Tax Assessees, have been allotted PAN & file our IT Returns regularly. My sons & myself also put our respective amounts in Bank FDs. Please advise on following---
a. Is the Sale Proceeds exempt from I.Tax
or is it taxable ?
b.Is the amount given to my sons & myself
to be shown in IT Return as Capital
Receipt(inherited) & thus IT Exempt in
Exempt Income Sec of ITR or is it to be
shown as Income FromOtherSources & thus
added to the Gross Income for calcu-
lation of Income Tax ? Or should we show
it as Gift from HUF ? Is Gift from HUF
legally allowed ? The aim is to legally
reduce the I.Tax to barest minimum.If is
is to be shown as Gift, what documents
should we keep in file in support ?
c.Will the Interest on FDs be treated as
HUF Income or our Respective Income ?

2.The HUF Acct is being maitained since last about 10 yrs and only Farm Income was being deposited in it. The Income was being
put in Bank FDs & interest earned was added
in the IT Returns every year.
3.I will appreciate an early advice to enable us to work out the Advance Tax etc in time & deposit the same by due date.

Thanking you,
Sincerely Yours,
major Bhupal Singh ( Retd.)riven

umair   21 September 2009 at 15:30

capital gain tax

my family owns some land and to save tax they decided to make a pvt ltd company and buy the land and issue shares to the family members accordingly ,now we want to divide the land ,we do not want to sell it ,every member needs posession of the land we bought it for 150 rupee /sqft and now its 750 rupee /sqft . now my question is how can we divide it so tat i can get the posession of land

Thank youriven

P.S.Subbaraman   19 September 2009 at 16:09

T.N. Panchayat Act

Should permission be obtained under the T.N Panchayat Act to install Generators and licence fee payable ?riven

hussain   19 September 2009 at 10:22

Loan to Directors

Sir,
There is any traminal order for the deemed dividend assessable under Section 2 (22)(e).riven

Nitin Kale   17 September 2009 at 16:38

Disallowance under section 40 A (3) of Income Tax act of Ind

Please clarify legal position under above section for following scenario :

Payment made to transporter against each LR does not exceed Rs 20000/-. However during the day payment to same transporter against different LR exceeds Rs 20000/-. The freight is paid on to pay basis.

1. Is the amount so paid in excess of 20000 disallowed ?

2.Since transportation is on topay basis,can each transaction be viewd separetly and not be clubbed.

Is there any compliance required, where the expenses are not disallowedriven

vishal v. khade   17 September 2009 at 11:45

expenses on transfer of property

can you pls provide case laws decided
on the question that


whether expenses regardign compensation paid to worker for injury while cleaning the property place for the purpose of transfer the property as expenses for the transfer of propertyriven

hussain   16 September 2009 at 10:28

Loan to Directors

Sir,
Sir,
The company as given loan to directors in financial year 2005-06 and it was recoverd by deducting from remunaration in the finacial year 2006-07.for that the ITO says that the company is closely a private company and in that year the profit is about 15lac and the director holds 79% share in the company so as per ITO provision of sec 2 (22) (e) of the act the above loan is ti be treated as deemed divided.
so there any hope to save from tax.

riven

amar jeet singh raghav   15 September 2009 at 17:58

Tax on Army Kargil widow Pension

I have a client whose pension is 8500/- from army, 3500/- from U.P. government & 2500/- from Shara India.
Central Govt. is also issue a petrol pump in 2005,
she earned about Rs 2,20,000/- per year by this pump.
After clubing, her Income is about 394000/-.
So I want to know If there is any relaxation in Income Tax on War widow pension.
riven

Sudharsan.m   14 September 2009 at 18:26

service tax

Does service tax is liable for leasing the home appliances like furnitures? is there any SC judgement on this aspect?riven

hussain   14 September 2009 at 10:42

Share Application Money

Sir,
A private company as received share application money in cash in bulk amount and the case is in scrutini another thing that the amount which as received in cash as been return in the next financial year through bearer cheques so please sugges me how i can keep this case in front of ITO.
riven