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manoj
13 January 2010 at 10:48

Direct Taxes

Whether the Stipend Receivable by a C.A. Student is Taxable?If Yes,then Under Which Head Of Income It needs to be included-Salary or income from other sources or any other head?
Plz.answer me with the supporting provisions,caselaws etc.

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mhassociates
12 January 2010 at 19:08

TDS

Can a deductor issue TDS Certificates without PAN (if not available) or Acnowledgement number of NSDL.

What are the consequences/penalty, if a deductor issues such TDS certificates.

Please reply

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Deviki Vijaybergi
12 January 2010 at 14:43

Perquisite

(i) In terms of new perquisite valutation rules, 2009 whether cash gift to the extenet of Rs. 4,500 is taxable, if given by employer to his employee.


In terms of circular no. 15/2001 dt. 12.12.2001 under IT Act, gift made in cash or converible into cash, like gift cheque etc. do not fall in the perview of exemption catagory i.e., taxable.

(ii) for uniform allowance is it necessary to have a single dress code in a company or it also includes different formal dress in same company.

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sumit bhartia
09 January 2010 at 07:05

TDS

In my company TDS is deducted from salary of employees in March

as such we deposit TDS return for the Quarter March only

But my auditors are saying that why you have not deposiyted TDS return for the previous quarters

I said that no TDS was deducted as such no return was deposited

what does law says about depositing NIL salary TDS return

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CA. abhinav kumar

one of our client was not deducted TDS during the previous year and later on he send us TDS certificate of next year.

my question is if we have not go for revised return of previous year then is it possible to claim that TDS in next year (current year).
bcz we have not taken this figure in our books of previous year.

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Rupesh Chokshi
07 January 2010 at 16:09

URGENT:- "Withdrawal from PF account"

CAN ANY BODY HELP ME THAT WHAT WOULD BE IMPLICATION OF AMOUNT WITHDRAWN FROM PF ACCOUNT i.e. SUPPOSE FROM APR 09 TO SEPT 09 HE IS CONTRIBUTIONG 12% Of HIS SALARY TO PF A/c AND IN OCT 09 CHANGING JOB AND WANTS TO WITHDRAW MONEY FROM PF ACCOUNT IN DEC 09. NOW WHETHER CONTRIBUTION TO PF A/c WILL BE CONSIDERED AS INVESTMENT U/S 80C. AS YEAR OF DEPOSIT AND YEAR OF W/D IS SAME YEAR.

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yogesh bhanushali
06 January 2010 at 14:55

TDS APPLICABILITY

XYZ is a company based in Germany manufacturing automated folding machine..


ABC (FROM INDIA)assist the sales of these machines in India to end-users, who are printers. When XYZ sells machines in India, they invoice the end-users directly and pay commission to ABC. Also for the spare parts sold to the customers, XYZ pays commission.

ABC in turn help them identify customers and inform the same to XYZ. XYZ also provide service to the machines during the warranty period.


The commission is received in foreign exchange

WHETHER TDS IS APPLICABLE ON ABOVE COMMISSION TRANSACTION? IF YES THAN IN WHICH CATEGORY? % WHO WILL DEDUCT THE TDS & AT WHAT RATES?

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Jitender Kumar Sultania
05 January 2010 at 13:17

TDS U/S 195

an exporter an resident in india is paying testing charges of its product to a party for testing charges in abroad(a non-resident) though EEFC a/c by DD in US $ and the product is sold at abroad wheather tds is to be deducted in this case before payment or not.

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Anonymous

An Ao has in his order U/s 143 (3) made an ad hoc addition in form of 25% disallowance of expenditure of Car , Scooter , Telephone on a/c of personal use. Further a addition of Rs 180000 made on a/c of Houe hold expenditure , assessee declared a drawing of rs 120000 , AO adds RS 180000 and presumes Household expenditure as Rs 300000 .
Wish to appeal against the order , Case law support required.

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raman
01 January 2010 at 19:30

QUERY

SIR, PLZ ANS THE FOLLOWING QUERIES :

1. IF A PERSON IS 'PART TIME' ENGAGED IN INVESTING IN OPTION DERIVATIVE THEN INCOME,IF ANY,IS TAXABLE UNDER PGBP OR CG

2.IF PGBP, THEN IS IT SPECULATION INCOME OR NORMAL BUSINESS INCOME

3. SHALL HE HAVE TO MAINTAIN BOOKS OF A/C IF INCOME EXCEEDS 1,20,000 /-( WHAT IF SPECULATION INCOME? )

4.WHAT TYPE OF BOOKS ARE REQUIRED TO MAINTAIN AND HOW IT IS RECORDED IN BOOKS

5.FOR SEC. 44AB , LIMIT OF 40 LAKH IS TAKEN FOR CONTARCT VALUE OR GAINS ONLY BECAUSE BUYER OF CALL/PUT OPTION HAS TO PAY PREMIUM AND ON SETTLEMENT ONLY DIFFENCE IN PRICE IS SETTLED.( SEC 44AB APPLICABLE , IF SPECULATION INCOME)

6. IF IT IS SPECULATION BUSINESS INCOME THEN AUDIT IS REQUIRED OR NOT

THANKS IN ADVANCE

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