Radhakrishnan K.V.
26 January 2017 at 22:26

Section 80p - litigation

Co-operative Societies in Kerala were struggling to get out of the disallowance of claim u/s 80P(4). Department was very adamant that the claim for deductions u/s 80P(2) are available only to Primary Agricultural Credit Co-operative Societies as these Co-operative Societies are allegedly functioning like Banks. Hon'ble Kerala High Court was also holding such a view. This standpoint is diametrically opposite to the judgments of various High Courts all over India which have held that all co-operatives which are not "Co-operative Banks" as defined in Part V of the Banking Regulation Act 1949 and not licensed by R.B.I are eligible for deduction u/s 80P(2). Recently Hon'ble High Court has held that Income tax authorities shall not probe into the such issues and that if a co-operative society was classified as Primary Agricultural credit society by the State Co-operation Department that only will make them eligible for deduction u/s 80P. Still the issue of other Co-operative societies other than PACS which are not licensed by RBI still is in darkness. Now, the Revenue has challenged the recent decision of the Kerala High Court before the Hon'ble Supreme Court by a SLP. In case the decision of the Apex Court happens to be in favour of the Revenue the entire Co-operative Sector all over India will suffer in as much as such verdict may reverse the decisions of various High Court in which it was held that all co-operatives other those licensed by RBI are eligible for the deduction u/s 80P(2). The Co-operatives in Kerala would like to implead/intervene in the case filed by the revenue in the Apex Court. I earnestly request our experts to please offer the names of some of the eminent Advocates in supreme Court who are well versed in the subject matter i.e. differences between Co-operative banks and other Co-operative Societies carrying on Banking business and its implication on section 80P(2) & 80P(4).

Read more at: https://www.caclubindia.com/experts/ask_query.asp

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pooja
26 January 2017 at 13:19

Taxation of gifts

P1stays in mumbai has inherited a amount FD from his brother in Anjar( Gujarat state) , who is deceased and had put P1's name in nominee , is it necessary to register a gift deed? if yes then please tell me the procedure please tell me whether mere having nominated in FD can d nominee become legal owner of the amount?

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Sridhara murthy

Trust want to close the operation as it has no such charitable activities but it has spent such expenses up-to Dec 2016. Trust want to transfer entire bank balance to another similar charitable trust Is it necessary to file the IT returns for expenses incurred up to Dec 2016 in the I T return for the At 2017-18?

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G Vijaya Kumar
26 January 2017 at 12:06

claiming of HRA regarding

Hi sir my query is about house rent paid regd. Mr. Chandru is a Senior citizen but he is employed after retiring of service. He earning salary of Rs. 68000/- per month as a manager but his employer not deduct any tax in his income. Chandru paid the tax his income and he is in rental house he paid Ra. 6000/- rent per month my query is can Mr. Chandru can claim a HRA on his income tax return. please give me clarification regarding this guery

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Rekha Rani
25 January 2017 at 23:13

section194c d 194j

Pls describe the both

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udaya kumar
25 January 2017 at 18:48

Dtaa- tds

Dear all,

We are making a payment for a vendor in Dubai for exhibition stall, whether TDS has to be deducted or not ? But the Indian client doesn't have TAN. If Tax Residency Certificate is available with the vendor will still TDS be deducted?

Thanks in advance

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sid
24 January 2017 at 14:48

80C

if premium of lic is due but not paid till year end, can one claim deduction u/s 80C. if no, then will he be eligible to claim it as and when paid.

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Diksha Jain
23 January 2017 at 19:51

return filling

if I want to file return n want to apply for pan at the age to 70 Years n we don't have 10 the marksheet what we have to do.

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SALMAN
23 January 2017 at 09:19

can tds deduct yearly on commission

hello sir, my query is about tds. I want to know that in proprietorship firm sale turn over over 5 crore. and we give commission on sale. than we should passed entry yearly or quarterly and TDs deduct yearly or quarterly..plz help me out.. thanx

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Himalay Reddy

Every individual is allowed to show savings up to Rs. 1,50,000/-. But I have savings only up to Rs. 1,00,000/-. So for the rest of the amount i.e., Rs. 50,000/-, can I fill it up with the interest and the prinicipal of the education loan of my child? I am aware that I can use the interest, but please let me know if I can avail the exemption for the principal amount of the education loan too...

Thanks a lot,
Madhuna

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