Taxation queries

S. M. Chouhan 11 April 2014 at 17:55

Capital gain

A sold his long term capital asset and invested the entire amount of sale consideration before the due date of filing of income tax return but after the filing of return.
Did she will get the deduction u/s 54F for investment in new capital asset ?

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S. M. Chouhan 11 June 2013 at 17:09

Abatement provision on commercial and industrial construction services tax in service tax

I am a civil contractor providing consturciton services. I received a show cause notice from Service Tax Department regarding the levy of service tax on the civil construction works done by me at the site of NLC, Palana, Bikaner.

I have argued for abatement of 67% on the entire work receipts but the department refused in absence of providing the work orders and "G" schedules and levied the tax on entire receipts.

Is it correct ?.
Whether there is any pre qualification or formalities to get the benefit of abatement under this catagory of services tax, though I am not registered with the department of service tax ?

Is there is any notification or circular regarding unconditional abatement, please provide me.

Thanks

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S. M. Chouhan 10 August 2011 at 17:50

Service tax

Dear Sir,

This is S.M. Chouhan Advocate. I am practicing in taxation at Bikaner in Rajasthan. My client is having teleshopee of Vodafone. The Vodafone paid Rs.5000/- per month as rent of teleshopee and Rs. 1000/- per month as staff salary to me. Apart from this the Vodafone has paid me the commission of certain % on the amount of bills collected from the customers. The Income Tax has also deducted. But at the time of issue of the TDS certificate in Form 16A they have mentioned the entire amount as commission.

The Service tax department issued a show cause notice to me, why the tax, interest and penalty should not be levied on the amount of commission received from Vodafone, as such you are using the brand name of Vodafone therefore the basic exemption limit is also not applicable on you ?

Please suggest me about the implication of service tax laws on the above situations. My hearing is on 12.08.2011.

Thanks.

Shafi Mohammad Chouhan,
Advocate Rajasthan High Court

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A.Sivasubramanian 25 July 2011 at 14:29