Sir,

I have a client who is eligible for deduction of Section 10A. He had incurred some expense on Computer Job Work, on which he deducted tax @ 2% u/s 194C, but in assessment the AO took stand that as the work is done on Computer the same would come under technical service and TDS would hv to be deducted @ 5% u/s 194J and hence disallowed the whole amount and on recomputation of income also didnot give benifit of Section 10A deduction on the addition of income. What are the remedy in the given case.

* is the expense wholly disallowable due to short fall in deduction of tax (which as per us shld come u/s 194C only)

* is Section 40(a)(ia) applicable to the case, as the amount is paid and not payable, as written in Act

* is Section 10A dedution is not allowable on addition made to income on account of disallowance of some expenditure

regards,

CA Gaurav Barai
Rajkot

Hi!
Can anyone let me known about is there any exemption on Professional Tax for physically handicapped person. If he is working in Tamil Nadu State Government Judiciary Department?

Awaiting for your reply...
thank u.

My question is : our company is in Infrastructure business and presently doing BOT Project i.e. Raod work it will take 2 years to complete the contract and thereafter toll tax will be charged as income for another 10 years. How the income will be determined and what will be the income tax liability. Please expain and refer the concern section of IT act.

Hello to all,
I want to know the implication of amendment in Sec 50C which is effective from 01.10.2009. according to the amendment in section, it is being provided that in case of unregistered transactions, whether the stamp duty is assessed or assessable, the provisions of section 50C would apply.
so, if i baught a flat in 2006 and not registered valuaing 10 lacs, now i registered it with a stamp value of Rs. 25 lacs, so what should be my cost Rs. 10 or 25 Lacs.

Can anyone pls share with me a detailed note on how to determine associated enterprises for the purpose of transfer pricing?

If X Pvt. Ltd. has a WOS Y Ltd. in australia and there are transactions between the two, TP would become applicable.

In case, Y Ltd. enters into a JV say Z Ltd. with another company in australia and holds 35% share and there are transactions between X Pvt. Ltd and the JV company Z Ltd. what will be the criteria to determine whether TP becomes applicable to the transactions between the two?

Sorry to bring up the query again. I am confused by divergent views read in various forums.

I have for reference the decision of Delhi HC in in CIT v. Orissa Cement Ltd. [2001] 250 ITR 846/118 Taxman 449. As I understand TDS is to be made for sitting fees. Is there any other case law overriding this?

What is the legal/judicial position as many big corporates do deduct TDS from Sitting Fees paid.

Regards

Raman

Hi all,
Which are the best classes for Direct Taxes ? My attempt is in May 2010. (CA Final New Course). Are Kalpesh Classes the best for teaching & notes and do they give guarantee for completion of portion in time ? In Andheri where are they located (Near Station )?

If the employee resigns before 3 years and pays Rs. 3 lakhs to the company, how will this amount be treated in the hands of the employee and employer? Will the employee get any benefit of Rs. 3 lakhs paid to the employer

if the a person provides copy of bank passbook, income tax return and confirmed copies of account of the assessee is it enough to prove the identity, creditworthiness and genuuiness of the transacions.

assessee has purchased machinery which includes delievery and transportation charges also but the tds was not deducted u/s 194C on the contractual payment made to the transport agency. whether the proportionate depreciation can be disallowed on the transportation charges capitalised to the cost of the machinery.