BAL KRISHAN GARG
14 May 2009 at 18:23

Capital Gain Tax

A,B and C are brothers and they have purchased some properties in 1966 and lateron there was a partition between them in 1982 and specific properties came in the name of A . A died in 2006 and the specified property related to A has transfered in A's Son and son has sold 3 floors and residing with his family at ground floor during 2009 - 10 . What are the tax implications under capital gain tax and what can be best planning to reduce the burden of tax ?

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CA-ASPIRANT
14 May 2009 at 18:05

APPLICAITON OF TDS U/S 194C

Sir,

Our supplier raises invoice and charges frieght on the same invoice.
should we duduct TDS or not. if yes on what amount.
Please answer it keeping in view circular No. 13/2006 related to contract of Sale if applicable here

Thanks in advance.

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Sandeep Keswani
14 May 2009 at 17:47

Wrong TAN in Challan 281 for TDS

If by mistake wrong TAN is mentioned in TDS challan No. 281, and the same is paid in Bank manually (NOT E-payment), whether it is possible to rectify the mistake in the said payment. If No, what is the remedy ?? Please guide.

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CA.Sonia
14 May 2009 at 17:21

tax question

hi to all can anybody tell me till nw i was filing the returns from lucknow and got recently shifted to delhi do i need to send the requiste documents to lucknow after efiling and hw should i find out that in which range i will fall and which address i need to give delhi or lucknow.

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Navneet
13 May 2009 at 18:57

Expenditure on mobile phone

whether expenditure incuured for mobile phones bills under corporate poliy will be liable for T.D.S or not . If yes then under which section and if not then related case law.

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PRAVEEN KUMAR

Hi,

I just wanna know that in Form 26AS

What is the Meaning of "Status of Booking (P/F/U) @ "

Thanks & Regards

Praveen

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Kuldip Jain
12 May 2009 at 20:30

Defective Retrurn

Whether the provisions of 139(9) relating defective return have been amended?

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MAKARAND DAMLE

MY CLIENT WILL BE RUNNING VESSEL OWNED BY FOREIGN COMPANY ON COASTAL TRADE IN INDIA. FREIGHT IS PAYABLE BASED ON CARGO LOADED AND RATE FIXED AS PER CHARTER PARTY AGREEMENT BETWEEN MY CLIENT AND FOREIGN OWNER.
AFTER EACH VOYAGE THIS PARTCULAR FREIGHT HAS TO BE REMITTED TO FOREIGN OWNER.
MY QUERY IS WHETHER WHILE REMITTING ANY TAX HAS TO BE DEDUCTED AND UNDER WHAT SECTION

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TH
12 May 2009 at 14:50

Money lending and Loan

Dear Sir,

A company is into money lending business. however it lends money to its subsidiary company without charging any interest. My query is that is it possible for the company to lend money/ advance loan to its subsidiary without charging any interest? What will be the legal implications for this?

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Pankaj Gulati
11 May 2009 at 17:53

Gift vs No Gift

My client sold a piece of land for Rs. 2 lac to her husband. Both are happily married and the same was not a consideration to live apart.

The circle rate of the land was Rs. 15 lac. The ITO after applying section 50C added Rs. 13 lac in the income of assessee and initiated penalty proceedings u/s 271(1)(c).

My client always remained under the bonafide belief the she is making a gift to her husband (which is apparent from the value of consideration).

That it will be not out of place to add here that instead of executing a clear ‘Gift Deed’, she executed a ‘Sale Deed’. It was a technical lapse but my client still rely on the legal opinion and judgment of the Hon’ble High Court that ‘a Sale Deed executed for an inadequate consideration shall be a deemed gift’. Merely because a Sale Deed has been executed, it does not take away the character of the transaction as gift. In this context reliance was placed on the judgment of the Karnataka High Court in the case of Sanjeev V Kudwa vs CIT (1981) 127 ITR page 354

She remained under the bonafide belief that exemption u/s 47(iii) of The Income Tax Act is available to her which excludes Capital Gain on transfer of property under a gift.

My question:
1) Is the ITO right in adding 13 lac to the assessee’s income ?
2) Is he right in initiating penalty proceedings u/s 271(1)(c) ? (keeping in mind that she never hide or furnished inaccurate particulars of her income as the same was disclosed in detail by way of note in the computation of income in Form 2D for the assessment year 2006-07).

…thanx

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