visu iyer
02 August 2010 at 23:07

DTAA

It is find that there is no provision for giving the information on DTAA..

the income earned by assessee outside india and
tax paid outside India covering under DTAA for which no provision is available in ITR.

Experts please suggest how to show or declare the information on DTAA

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Tika Pandey
02 August 2010 at 13:26

tax on capital gain

one of the our client (private limited company) has registered in 1996, and the company has not start any operating activities, therefore there is no any transaction in profit and loss account other than depreciation on furniture and audit fee. In balance sheet assets side Land plot with Rs 17.50 Lakhs and some misc items and in liabilities side share capital (10 share holders) with same amoount.

My pblom.
now another one company is purposed
to purchase the plot of land of this company at around 5 cores. The said company going to accept the proposal. Therefore the company earned huge amount of long term capital gain. Please advise me how to minimize the capital gain tax, in the hand of company as well as share holder if any. is there any alternate option for tax planning (all shareholder are ready to transfer the entire share holding) please advise me.

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CA Gaurav Makwana

There has been an addition for the differnce between the stock as per books and stock statement given to bank for credit facilities. Is there any judgements for deletion of such additon.???

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Anonymous

Sir,
Is Exemption u/s 10(10C) is allowable on enhanced VRS compensation receivable due to wage revision. In the case of some employees 5 lakh exemption has not fully granted at the time voluntary retirement being VRS compensation less than 5 lkah. Now we are going to Pay enhanced VRS compensation due wage revision. So can we grant exemption for the balance amount for computing TDS. eg. at the time of Voluntaty retirement 4 lakh exmption has granted. Now we are paying 3 lakhs arrear due to wage revision . Can we grant exemption of ONE lakh (5-4) under sec.10(10C ) for computing TDS to be made. Its very important because if the TDS is lesser then we cannot recover the balance tds amount. I require an expert opinion on this.

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MIRAJ MAKHECHA
27 July 2010 at 18:27

HELP REQUIRED REGARDING E-FILING

I AM NOT ABLE TO UPLOAD RETRURN FOR THE A-Y 09-10 I.E FOR PY 08-09.

IS IT NOT PERMISSIBLE TO FILE E-FILE FOR THE SAME???

IS THERE ANY RULE THAT IF THE E-FILE OF AY 10-11 IS DONE THROUG E-FILE THEN NOW YOU CAN'T DO E-FILE FOR AY09-10?

REPLY URGENTLY

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CS Vijay Daxini
27 July 2010 at 17:41

experts plz. help me

what r the duties of a company seceretary with respect to filing of a tds return plz. elaborate in detail...thank u in advance

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Anonymous

I am filing the ITR4 of my client (Individual) upon whom provision of section 44AD apply.

His Gross receipts are 780000 and Net Profit as per Profit & Loss a/c comes 480000 but as per section 44AD, 8% of 780000 is 62400 only.

Pls guide whether in the Capital A/c profit of 480000 will include or 62400.
Also guide should we prepare the P&L a/c or not

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AMIT
21 July 2010 at 17:59

FD INTEREST ??


NRI HAVE A FD OF RS.10 LACS IN INDIA

MY QUERY IS >

A. WILL THE INTEREST INCOME IS EXEMPTED UNDER 10(4) ??

B. IF INTEREST ON FD IS TRANFER TO RESIDENT ? WHAT IS THE TAX TREATMENT ?WILL THERE BE CLUBBING ?


PLEASE ANSWER POINT WISE

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Anonymous
21 July 2010 at 12:01

80IE

form for claiming deduction u/s 80IE

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SWAPNIL MEERA SHARMA
17 July 2010 at 23:35

SEC 191 (Direct payment)

While reading bare act of income tax which goes as follows:-

"In the case of income in respect of which provision is not made under this chapter for deducting income tax at the time of payment, and in any case where income tax has not been deducted in accordance with the provisions of this chapter, income tax shall be payable by *ASSESSEE* direct."

>>>>>> My question to Experts::--

Sir,
Who is the ASSESSEE in above case....???
**Is it Payee (Assessee) or,
**Is it Payer (Assessee in default)...???


>>>>>> In my view there are two cases:-
1. Where TDS is not to be deducted on income, and
2. Where TDS is to be deducted but actually not deducted OR if deducted then not paid to the pocket of govt.

Now I say in first case the ASSESSEE is the normal assessee i.e the Payee who is going to get the income in his hands,

While in the second case its the ASSESSEE IN DEFAULT i.e the Payer who paid the income to another one.

AM I RIGHT OR WRONG...???
PLEASE DO THE WORK OF HEAD-ACHE MEDICINE. :)

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