Our company reimburses to employees in cash the Maintenance and Petrol cost incurred on the vehicle.The vehicle is owned by employee himself. The company reimburses Rs.20 as petrol & maintenance cost for every kms travelled by the employee during the month for the official purpose.The most of the travelling kms includes travelling from Residence to Office , factories, customers, etc..

The company also maintains the records/details which includes the date of journey, destination mileage in Kms and amount (total kms X Rs.20 for each Kms).

The reimbursement amount of Rs.20 for every km is fixed on following facts:-

Normal Taxi or Meru( Cool Cab) if hired for the day will charge fare of Rs.14-15 per Km. But considering the more comfort of employee in his own vehicle the company has decided to give reimbursement of Rs.20.

We would like to have your opinion on the following:-

1.Whether there would be any taxable perquisite in hands of our employee. If the answer is No, will any kind of taxability arise to our company in view of FBT being abolished from 01.04.09 , as earlier the company was depositing FBT on this reimbursement.

2. Whether our companies contention to reimburse the employee on the basis of the above facts will hold good.If the answer is No, what can be acceptable rate of reimbursement as per Income Tax Act whereby the employee or our company could not be taxed.

3.Whether the records maintained by us are sufficient w.r.t. Rule 17.

Please give me your valuable feedback on this matter.

A private limited company acquired in 1986 commercial property which consists of open land and building thereon. It has let out the entire said property to one tenant and is earning rental income from this property.
The company has also been claiming depreciation on the said property.
The company does not have anyother income.
The company wants to sell the property. Can the company be exempted from paying Capital Gains Tax if it reinvests the sale proceeds in another commercial property? If yes, what are the conditions to be complied with?
Thankyou

A private limited company acquired in 1986 commercial property which consists of open land and building thereon. It has let out the entire said property to one tenant and is earning rental income from this property.
The company has also been claiming depreciation on the said property.
The company does not have anyother income.
The company wants to sell the property. Can the company be exempted from paying Capital Gains Tax if it reinvests the sale proceeds in another commercial property? If yes, what are the conditions to be complied with?
Thankyou

The proposed Direct Tax code (2010)though appears to be very simple and appreciable, slowly all the exemptions will be out and for the PF at the time of retirement will be taxed. Your views on this.

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