Soumya
13 January 2008 at 14:58

Provident Fund

in a central university covered under provisions of PF Act 1925 in general & section 8(2) of it in particular, can the PF Committee of the institution declare an interest above the govt. rate for the investments made in the PF? If it is so, should tax be levied on the excess interest?
(the specifics of the matter is as follows. actual returns for the financial year 06-07 work out to 12% while the govt declared return is 8% or 8.5%. )


Assessee
13 January 2008 at 08:32

TDS on Bill Discounting

i am discounting my bill of Rs. 50,00,000/- thru a private party mr.A and he is deducting Rs.50,000/- as a bill discounting and send me a Cheque of Rs. 49,50,000/- should i require to deduct tax u/s. 194A on rs. 50,000/- whether it covers under definition of Interest ?
so, my query is wheter i should deduct tax on charged debited to my profit and loss account under the head of 'bill discount'. in recent judgement of of Kanha Vanaspati Ltd..v.Additional Commissioner of Income-tax, Range-50, New Delhi, kindly clarify considering this judgement. the main problem is how can i deduct tax as i am not directly paying anything in form of bill discounting as the financer cut the same charges and then after giving me a remaining payment


Rajib Deb
12 January 2008 at 23:47

Interest us 234a

Whether interest us 234a is payable after the extension of the return filling date for the AY 2007-08.


Milind
12 January 2008 at 16:24

Profession Tax

Dear Sir/Madam,

If a particular person is appointed as a employee from February 15 and a particular firm has obtained a deduction of professsion tax of a particular month till march 14 and after which the profession tax from 15th march to 31st March is not taxable is correct from the point of accounting and Income tax Act?
Please reply at the earliest?


Ramawatar Joshi
12 January 2008 at 12:11

Depreciation

A Partnership firm has been converted as pvt ltd company under chapter IX of the companies act, 1956 on 20th October 2007. How much depreciation will be allowed to partnership firm and company.

As per Income Tax Act Depreciation is not allowed in the year of disposal/transfer of assets. Since Partnership Firm has been converted during the financial year 2007 - 2008 weather depreciation will be allowed to firm or not.

As per Income Tax Act Depreciation to the Company should be allowed for half year as Company came into existiant only on 20.10.2007.

It appears that only half depreciation will be allowed for financial year 2007 - 2008. Is it not a disadvantage on conversion.

R. A. Joshi


Krishna Murthy

Sir, please let me know the exact meaning of the word "lineal ascendent and lineal discendent" with respect to gifts received under income tax act.. Does lineal ascendent include father.. grand father.. great grand father etc alone (ie father and his ancestors alone) or even mother .. grand mother.. great grand mother etc as well.. like wise lineal discendent.. pls let me know this


rashmi
12 January 2008 at 09:40

NRI STATUS

Mr.X is working in a foreign company. He goes on ship. He has been a NRI throughout. This time when he returns on leave he doesnt go back and eventually loses his NRI status. What are the consequences?


MAHESH
12 January 2008 at 08:29

TDS U/s 195

A machine is to be repaired in Germany Amachine is to be repaired in Germany,where the supplier is located. The machine is a proprietory product of the supplier in Germany. The machine shall be despatched from Kolkata. The repair charges are inclusive of materials to be used in repair.The supplier does not have a permanent place of business or any business establishment in India. In the circumstances, please clarify whether TDS is applicable on the repair charges? Further, Whether Customs duty is payable on re-import and Service tax is applicable on the repair charges?


Manoj Kumar Agarwal
11 January 2008 at 18:07

TDS on hotel bills

Wheather TDS to be deducted on payments made to hotel for loadging/ boarding charges for company guests.


Pranaav P
11 January 2008 at 16:02

Applicability of STCG or LTCG ?

Dear Sir,
I have a query regarding applicability of deemed STCG on depreciable assets.
FACTS of the case:
X Pvt Ltd have a factory building constructed in February 1990 for Rs.10 lacs on a leasehold land (rights for 99 years). The building was used for production purposes upto September 2000. Hence till A.Y.2001-02, we were allowed depreciation under I.T.Act. The closing WDV on March 2001 was Rs.6 lacs.
From 2001 the building was let out for rent and income was considered under head House Property.
In June 2007, the building was sold for Rs.30 lacs.
QUERY : Whether we can claim LTCG with indexation from 1990 on WDV, claiming the asset to be no more depreciable and as a capital asset; and also claiming that the source of income generated from the asset has changed ?
If not what should be the taxability of the case ?

Thanking you for your reply.





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