The Assessee is a real estate broker. He receives commission/ brokerage on the properties that he sells. Also, as a part of the real estate business, sometimes he has to pay a certain amount from the brokerage/ commission that he receives to the ultimate seller, so that the seller benefits in terms of discount (i.e. the amount given by the broker from his commission). AO holds that the discount given to seller is a diversion of commission and therefore, TDS is to be deducted. Is the AO justified in doing soor not? Are there any pertinent case laws similar to this situation?
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Can any one provide a case law for disallowance by an income tax offices on the basis of the NP, GP ratio.. which can fight against such disallowance...
please send..
Kindly let me know whether pre-mature withdrawal (within 5 years of investment)from Provident fund is taxable?
If yes, then is employee as well as employer contribution (both) taxable?
X has purchased house property on 1/4/09 jointly in his name and his
father Y and his mother Z. All invested the funds equally.
Y, his father gifted his share 1/3 to son X on 2/4/09.
Z, his mother gifted her share 1/3 to son X on 1/10/09.
X got rent for April to September 2009 and same was shown in incometax return, 2/3 (his + father share).
Gift has been confirmed byparents, but registration formalities are not complete.
Can ITO say that as the
registration is not done, the property remains in three names and rent
X has sold a piece of land and invested in residential house fully, out of the sale proceeds of land.
The residential house was purchased in name of self - X and his son Y.
Dose he violate the conditions of Sec. 54F.
As per sec 40 A (3), sum of Rs. more than 20,000 can not b paid in cash.
So my ques. is dat ?
Can we deposit more than 20,000 cash directly in Supplier's Bank A/c instead of cash paid to him.
is that allowable ?
How does the AO come to know whether the person has to pay income tax in the previous year itself?
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if profit added by the buyer to resell the goods is as a % of cost price to him ,then the vat paid by him should be included in the cost price???? or
the cost for adding th eprofit will be excluding vat paid??
A.O. issued the notice for A.Y.2008-09 on 21/06/2010 ,(after the time limit)now what to do as he served one more notice to assess income u/s144
As original notice is not valid ,what to do.???
Please give some case reference for the same???
Whether tax on freight ( Sea Freight ) is to be deducted eventhough the company providing sea transport facility quote PAN in its bill?
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