Arun Kumar M

Dear All,

Please note an Indian Company has made a consultancy payment - through service bill to a foreign company. While doing the payment, TDS was deducted @10%. Hope the Indian company must pay the TDS next month 7th and file the quarter return u/s 195.
Please confirm how the TDS amount can be claimed by the foreign company or the Indian Company? If no PAN is not there for foreign company how it can be filed?

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V
20 September 2024 at 00:04

80IAC Exemptions

The eligible company has obtained DPIIT certification and has completed the startup recognition norms. Are there any additional requirements we need to fulfill? Do we need to file any additional forms, such as Form 10BBC? Please elaborate on the compliance aspects to claim the 80IAC exemption for a block of 3 years out of the initial 10 years period. Also, highlight any peculiar aspects that need to be considered.

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SIDDHARTH MAHESHKUMAR SHAH
17 September 2024 at 13:33

Fixed Asset Book Twice in FY 2021-2022

The matter is as below:

In an Charitable Organization, one fixed asset of Rs. 10 lacs is booked twice in FY 2021-2022. So one amount can be reversed in now as it was twice booked. Depreciation is charged on both amount from FY 2021-2022

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Sai Teja

Interest income generated from Foreign contribution (FCRA a/c) is treated as deemed foreign contribution. It is merely an income but not a voluntary contribution. if it is so, in which clause it should be reported in form 10B. No, specific clause found for me. Is it required to disclose such income in form 10B.

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Leena Lachhani
02 September 2024 at 21:26

Query on transfer pricing

If a private limited Indian company had invested in 100% foreign subsidiary in Vietnam
This being the first transaction to acquire shares in foreign entity ODI was done

Query 1: whether transfer pricing will apply on this transaction where the equity shares are acquired at face value in foreign subsidiary? Or this be considered as capital transaction and is outside the preview of TP

Query 2: If TP is applicable then what would be the method of valuation used for comparison?

Query 3: Is form 3CD also mandatory to be filed if transfer pricing is applicable to an entity even if the turnover is below 10cr?

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laxmimittal

From:
CA Laxmi Mittal
Vapi
31-08-2024

Sir!
ITR-3, in Audit case , under Audit Information, Acknowledgement no. of the Audit Report is being asked apart from UDIN no. for A.Y. 2024-25
Which no is to be filled in under above column pl.

Laxmi Mittal


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Piyush
27 August 2024 at 16:50

Retirements of a Partner from LLP

In LLP, If partner retires who has already over drawn form LLP (having Negative Capital balance) , still getting X amount on retirements because there is an appreciation in value of Immovable property (which is currently shown at book value only in balance sheet)

How to show this excess amount paid to Partner in LLP as well as in Partner's books of Accounts ?
What will be the tax implication in both (LLP and Partner) ?
Is LLP have to show revalued figure of Immovable property in Balance sheet?

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VIPIN GUPTA
21 August 2024 at 23:31

Form 9A and Form 10 Of Income Tax Act

Dear sir,
We are a society registered U/s 12A and 80G. We are having an FDR of Rs 2 Crores and on that the interest accrued but not received is Approx Rs 15 Lacs the interest gets added to FDR amount.

We are also falling short of 85% utilization of our Gross receipts. Sir my question is do we have to file two forms form no 9A for interest of FDR accrued but not received and form 10 for short utilization of 85%.
my second question is do we have to add the interest accrued but not received in total receipts and then calculate 85% or exclude the interest figure and then calculate 85%

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Sunil Sharma

Invested in Single Premium ULIP policy in 2005 Rs.1 lakh with coverage of same amount. Current Value is around 18 lakhs. What are the tax implications on partial or full withdrawal. If the withdrawn amount is taxed, it will be taxed under which head. Is there an opportunity to set off Short/Long Term Capital Loss or Business Loss against such withdrawals

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Rakesh R N
19 August 2024 at 20:01

Tax on ULIP surrender money

I have ICICI PRU life time ULIP taken in year 2005 (with 2078 as policy end year), with 50,000 rupees as yearly premium and 5 Lakh rupees as life cover and 3 Lakh rupees as accident & disability cover.
Some amount is withdrawn from policy in years 2009, 2014, due to which life cover is reduced to 1.8 Lakh rupees but 3 Lakh rupees as accident & disability cover still exists.

Can I consider the total sum assured as 8 Lakh rupees before withdrawals and as 4.8 lakh rupees after withdrawals.?

What are the taxes to be paid if I surrender the policy now and get the current fund value.?
Does it qualify for section 10-10 (D), where in, Tax need not be paid.?

As per my understanding, Section 10-10 (D) qualification rule for the ULIP issued on or after 1st
April 2003 but on or before 31st March 2012 is: The premium payable should not exceed 20% of the actual capital sum assured, for any of the years (during the term of the policy).

Is this rule met.? Let me know if I am missing anything. Thanks.

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