Kunal
11 March 2013 at 23:56

Tds deducted incorrectly

I hold a family pension account with a nationalized bank. For the FY 2010-11, the bank deducted a TDS of Rs.40000/-(approx.). When I approached the bank, I was told that Pension accounts are subject to TDS and hence bank has deducted the TDS rightfully. My contention was that since it is a family pension account, it is not subject to TDS as Family pension is considered as "income from other sources". With this proposition, I approached the Ombudsman and the Ombudsman upheld my argument partly and directed the bank to pay (only) the interest on the amount of TDS deducted. The interest amount was paid from the date of deduction of TDS till the date of judgment by Ombudsman. However, the Ombudsman also stated that the issue of TDS is outside the ambit of the clauses mention under the Banking Ombudsman Scheme (BOS) and hence asked me to approach Consumer Redressal forum.
I was reading the Income tax department’s official document on TDS where I came across 2 circulars:
1. Circular no. 285
2. CIRCULAR NO. 2/2011 [F.NO. 385/25/2010-IT(B)], DATED 27-4-2011
Both the circulars talk about ‘Refund of TDS’ by the IT authorities to the deductor (in this case, the Bank).
I would want to know if (on the basis of either or both the circulars) I can ask the bank to file a claim to the Assessing officer for the refund of TDS. (as the TDS applicable is nil and TDS deducted is Rs.40000).
I approached a few CAs and most of them found this case complicated.
Will appreciate if the experts could help me out with their valuable inputs.
Thanks.


sangeetha
11 March 2013 at 20:00

Purchases not showed 11-12

In retail shop, purchases not shown in their books of a/c. But they did a sales. Not done a proper entries against the purchases for the year of 11-12. The monthly sales return, annual return has been submitted.The b/s sheet showing extreme profit.
The accountant ignorance the purchases entries not done properly.
Is there any other way to reduce the profit.
We can increase the expenses to the some extend.

Apart from that anything else. Pls advice



Anonymous
11 March 2013 at 16:09

Tds

if tax is not deducted in first qtr whether it is necssary to file return


CA SANDIP PATEL
07 March 2013 at 17:29

Communication address

I am living in mumbai, so I have mentioned my address in income tax return is that of bombay. but I have made my PAN card at my native place. and i have filed E-return so automatically they have accepted the ward of my native place.

now I have received notice, so my question is that where I have to contact related to this at mumbai or native place

plz reply



Anonymous
07 March 2013 at 14:39

Salestax

Sir/s,

A businessman knowingly purchased certain fake bills from one person and issued cheques against those bills.

after some time those businessman gave notice to those person through his advocate stating that those fellow (who has issued the bills) has not paid the sales tax on the said bills and as a result those businessman received a notice from sales tax department. those businessman through his advocate called upon the said person to interfere in the said matter.

prior to this the sales tax officer has already called upon those person and pressurised him to execute a writing that he has not paid tax on particular bills.

what remedy is available in favour of those person against the said businessman as well as the sales department?

pl. reply this. it is an urgent matter.

Thaqnks in advance.


amit shah
01 March 2013 at 19:34

Capital gain

We had sold one House Property at 33.50 lacs which was jointly owned by Mrs. X (83 yeas), first named and Mr. Y (54 years), second name. Then we made investment in two house properties - One residential flat and another Tenement at two different places in the same town. Flat for 12.50 lacs & Tenement is under construction which is supposed to be completed next year at total cost of 23 lacs.
My question is whether i can claim deduction u/s 54 or else of both the houses or not? or can i claim deduction in two separate name? or any other legal manner.?
Please anyone should reply to my query soon. Thank you..



Anonymous
01 March 2013 at 13:54

Superannuation fund

Can employer deduct superannuation fund contribution from employee's salary?As far as my knowledge is concerned this is not a mandatory contribution and the contribution should come from the employer's end to the extent of 15% of basic salary.pls let me know whether this is a prudent practice or not ?


PREMNATH
01 March 2013 at 12:25

Professional tax

Sir

Should I deduct Professional tax from the salary given to Directors

Premnath



Anonymous
01 March 2013 at 04:38

Consultancy provide out side of india

Dear All,

if any practicing CA provide accounting and taxation consultancy out side of India, and during his consultancy period he become non resident indian.
so can he raise the invoice in USD and can he take fees by his NRI bank account ?
and what is the tax liabilities on this receipts.??



Please suggest me, its very important and urgent.



Anonymous

Hello Sir,

I need your advice on a matter.
It was decided in a board meeting to pay Rs. 20000p.m. as honorarium for legal services to a director.We are paying Rs.20000p.m. to our director since 1.4.2010. TDs is not deducted on this payment till date.
Our director is a member of Bar Council. & now we come to know that a member of bar council cant receive salary from anyone.
now please advice me how to handle this matter.






CCI Pro
Meet our CAclubindia PRO Members

Follow us



Answer Query