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Page no : 6

anup pathmudi (Financial Consultancyl) (38 Points)
Replied 14 May 2011

ans to q6c) pts to be noted - interest is alread due, - circular nos 715 dated 8.8.1995 which says interest credited to interest payable account or suspense account is ALSO taken as credit to the account of the payee, though not seperately reflected, hence tax is to be deducted accordingly. hence AO is justified in his actiion.



(Guest)

as per  sec  16  a   its  duty  of  valuation  office to inform  and  give  oppt.  to assessee  not  a  liablity of  assessee  to take  him on oath  and all 



(Guest)
Originally posted by : anup pathmudi

ans to q6c) pts to be noted - interest is alread due, - circular nos 715 dated 8.8.1995 which says interest credited to interest payable account or suspense account is ALSO taken as credit to the account of the payee, though not seperately reflected, hence tax is to be deducted accordingly. hence AO is justified in his actiion.

agree with u 


anup pathmudi (Financial Consultancyl) (38 Points)
Replied 14 May 2011

@ raam:- section 37 of wealth tax act authorises wealth tax authorities including the valuation officers the powers as the court.
 


CA Lokesh Pokharna (CA (Ahmedabad Bhilwara Chittorgarh))   (4128 Points)
Replied 14 May 2011

 

Question ID  13781 
section 44 AB is applicable to 12-A Charitable Trust 

is a charitable trust(run a school)having 12-A registration ,require to be get audited Us 44AB his account, if his gross receipts exceeds 40 lacs. it is to be noted that Audit report is to be given uS 12A (b) in form 10B as prescribed. what will be your opinion ,if charitable trust is also doing business with low margin.

Post Answer to this query

Posted by CA Kishore Bardia on 2/1/2011 12:00:00 AM 
filed under DIRECT TAXES

 
 
Answer ID  29828  Member's Comment
No need to audit the accounts under section 44AB. Pl read the article in https:www.hindu.combiz20101004stories2010100450041200.htm
Posted by B.CHACKRAPANI WARRIER on 2/2/2011 12:00:00 AM
 
 
Answer ID  29829  Member's Comment
Audit of Charitable Trust is seperately governed by Section 12A,wherein it stipulates a mandatory Audit by a Chartered Accountant,only when Trusts income exceeds the minimum Income Tax exemption slab.44AB will not be applicable in case of trusts. If the TRUST is also doing a business , the provisions of 44AB will be made applicable only if gross receipts from such business exceeds 40 Lacs.
Posted by CA.Pratik Niyogi on 2/2/2011 12:00:00 AM
 
 
Answer ID  29830  Member's Comment
Audit of Trusts is governed by Section 12A(b),which states that an audit is mandatory if the total income of the trusts exceeds the minimum exemption limit.Provisions of 44AB are not applicable to trusts.However,if the charitable trust is also doing business,then for such business provisions of 44AB will be applicable.
Posted by CA.Pratik Niyogi on 2/2/2011 12:00:00 AM
 
 
Answer ID  29834  Member's Comment
Form 3CD is required alongwith form 10B.Us 44AB , it is provided that in a case where such person is required by or under any other law to get his accounts audited, it shall be sufficient compliance with the provision of this section.... and a further report(by accountant) in the form prescribed under this section.
Posted by VIJAY GUPTA on 2/2/2011 12:00:00 AM
 
 
Answer ID  29850  Member's Comment
There is a dilemma as to whether the tax audit us 44AB is applicable to the Charitable Trust whose gross receipts exceed the prescribed limits. Strictly speaking, sec. 44AB is an aid to the department in the context computing income under the head business . Therefore, sec. 44AB should apply only if the Trust has income chargeable under the business head. The other view is that the section will apply if a trust carries on a business irrespective of the fact that the income therefrom may continue to enjoy exemption. The publication of the ICAI "Issues on tax audit" seems to support the latter view. It however needs to be pointed out that the provision may apply only if the test of carrying on a "business" is satisfied. An activity which incidentally results in a surplus will not make it a business. Courtesy: VIP Road Chartered Accountants Association.
Posted by S Subramanian on 2/2/2011 12:00:00 AM
 
 
Answer ID  29854  Member's Comment
44AB is applicable for business only. since the trust does not carry the business activities, it need not be audited us 44AB. Pl. note that If it carries on business, then exemption will be withdrawn.
Posted by CA.S. NANDAKUMAR on 2/2/2011 12:00:00 AM
 
 
Answer ID  29859  Member's Comment
yes. as the income is computed considering all expenses, depreciation etc.. when the gross collection exceeds the limit 44AB audit is to be done
Posted by CA. VENKITARAMAN K V on 2/3/2011 12:00:00 AM
 
 
Answer ID  29873  Member's Comment
All the aspects of the question is very well covered by the forum..
Posted by CA. Pawan Kumar Jain on 2/3/2011 12:00:00 AM
 
 
Answer ID  29897  Member's Comment
Income of the trust is not computed on the basis of the heads of income applicable to other entities. Hence section 44AB is not applicable.
Posted by SIVADAS CHETTOOR on 2/4/2011 12:00:00 AM
 


CA Lokesh Pokharna (CA (Ahmedabad Bhilwara Chittorgarh))   (4128 Points)
Replied 14 May 2011

it is very confusing now.....7 C (1)


CA hetalviradiya (CA*) (62 Points)
Replied 14 May 2011

ROI filed as per section 139(4a) where income of trust exceed basic exemption limit then they need to file rreturn as well as Audit-DOF 30th sep. in case of loss return of trust DOF is 31st july,very clear provision
 


UDIT GARG (student) (53 Points)
Replied 15 May 2011

Guys..can any one tell me that if i had attempted for all the 7 questions..then marking will be best 5 out of 6 ( leaving 1 compulsory ) or questions covered first in sequence will be taken....i din't found marking criteria anywhere...please let me know...


CA Sakina (Employee) (39 Points)
Replied 15 May 2011

Valuation officer has the power to examine on oath

Section 37A(5A) to retain the asset for 120 days and after satifying the dues may release a portion of asset at its discretion


charu (ca final student) (32 Points)
Replied 15 May 2011

Originally posted by : RAAM SINGHANIA




q.6.a   110000+510000=  6200000







deduction  :- 







1.  62000  ,,,,,i.e.  10%  of  gross  income  







2.  32000







3.  5000 ....................balance  of  infractural  bonds  if  100000  limit  not  get over 







4.20000 ...................   as  specif  under  new  provision  20000 is  allowed 







5. 15000 







6.15000.......................as  her  father  is  non  resident  so  cant  get  20000 dedcution  as  it aplly to  seniour  citizen  in india 







net  income =   471000 -  190000=  2810000







total  tax  = 28943 







tax  rate  =   28943/ 471000=  6.123%  something 







foreing  tax  rate  =  10%  







lower  of above   6.123%  so  rebate  is  6.123 %  of  110000







net  tax  payable  =28943-6735=22207   i.e.   22210 

i think ur ans is incorrect, b/c deduction u/s 80c with respect to contribution to ppf is max 70000, there is no limit as to 10% of gross total income (limit of 10% of salary/income is there u/s 80ccd with respect to contribution to pension fund)....so i think deduction wrt to ppf shall be 70000 and consequently there shall be no balance left in limit of 100000, so deduction wrt infrastructure bonds shall be 20000 u/s 80ccf

please correct if i m wrong



Sandhya (Manager - Banking) (109 Points)
Replied 15 May 2011

Pls put up the question paper....thnks


charu (ca final student) (32 Points)
Replied 15 May 2011

Originally posted by : sri..

i had a query on 5.B actually .., the transfer by X to Y is not a transfer (amalgamation) Y sells the asset transferred within 8 years , so is liable to CG but what is transferred in stock-in-trade .., so there is no CG right ? it must be business income .., i dont know if i m right in this ....

i also think so.....land is stock in trade in hands of X, so while transferring it would amount to a loss of 15 lacs in hands of X, now Y receives it as Stock in trade  amend its memorandum, subsequent transfer by Y should amount to business income of (160-110-25) i.e. 25 lacs.....sec 43C shoul not apply...but i m not sure


UDIT GARG (student) (53 Points)
Replied 15 May 2011

Guys..can any one tell me that if i had attempted for all the 7 questions..then marking will be best 5 out of 6 ( leaving 1 compulsory ) or questions covered first in sequence will be taken....i din't found marking criteria anywhere...please let me know...


Nazaren D Jesu (N) (24 Points)
Replied 15 May 2011

exam eluthina anubavikkanum aaraya koodathu....focus on IDT..



NITIN CHADHA (CHARTERED ACCOUNTANT) (21 Points)
Replied 15 May 2011

which group has seen tougher papers?..............grp I / grp II/.........



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