suryadipsinh mori

Helo experts,
I want to do partnership firm GST registration
Want to take on home address of one partner
Electricity bill available, what have to do further For approval of business address

Thanks in advance 🙏🏻


Ravi Teja
19 May 2023 at 15:07

How to claim TDS

1. First Case:
Expense booked by recipient in FY 2021-22 and booked TDS , while the service provider issued the Invoice and offering income in FY 2022-23. The service provider has not claimed the TDS in FY 21-22 and filed his return of income. Now is there any possibility for the Service Provider how can he claim the TDS in FY 2022-23.
2. Second Case:
Service Provider provided service in FY 2021-22 and service recipient also booked the expense in their books. In this case the recipient defaulted in making the TDS payment. The service provider has not claimed the TDS as the deductor failed to deposit the TDS and made the Tax payment in cash out of their own pockets for the FY 2021-22. Now the Recipient of service made the TDS payment along with interest in January 2023. Now how can the service provider can claim the refund of this TDS. Is there any procedure other than From 26A procedure.


Vaishnavi

A property is jointly owned by a resident brother and a NRI sister. NRI has executed a power of attorney in favour of the resident brother to carry out the sale transaction. No amount from the sale is to be repatriated to the nri. Is it enough if the buyer deducts tax u/s 194IA @ 1% of the sale amount to be paid to the resident brother? Will withholding tax be applicable for nri? If yes, should NRI submit form 13 for nil deduction of tds even though no money is going to be transferred to her?


Ankit Tantia

Dear all,
I had one query:
An assessee had himself filed his income tax return for the F.Y. 2014-15 and inadvertently shown Income of F.Y. 2015-16 in F.Y. 2014-15. There was no income in F.Y. 2014-15 as the assessee was unemployed. Later on Return of FY 2015-16 was filed with the actual income of FY 2015-16.
Can the return of income filed for F.Y. 2014-15 be deemed invalid by the Department and vacate the demand?
The return of income filed for F.Y. 2014-15 was filed erroneously and there was no income during the relevant financial year and thereby NO TDS, thus demand was raised.


gayatri gade
23 May 2023 at 16:42

Payment in Margadarsi chit fund

Dear members,

I paid for a chit in Margadarsi.

As you are aware of the present situation at Margadarsi, it is involved in a 'multi-crore scam' and investigation is going on.

Have been getting continuous phone calls from them who are putting pressure for the payment of monthly instalment some of them talking very rudely and rashly too.

Would like to seek advise whether I must continue paying my installments or stop paying till the matters are sorted out.

Link to chronological articles in news about this matter for your easy and ready reference -
https://docs.google.com/document/d/1WYr7D_z9y5parGlqkql1nrz7VA8UImyYxlW9Hr-Cno8/edit?usp=sharing

Thanking you


omnath
19 May 2023 at 12:34

IT REFUND FOR RESTRICATED REFUND

SIR
MR. A FILED IT RETURN FOR THE ASST -YEAR 2002-23 WITHIN DUE DARTE WITH IN REFUND CLAIM. BUT THE REUND NOT RECEIVED THILL DATE . THE REASON OF BANK ACCOUNT VALIDATED BUT REMARK FOR RESTRICITED FOR REFUND. MR A HAVE ALL READY FILED KYC TO BANK. HOW SOLVE THE PROPRELAM.
THANK


Kollipara Sundaraiah

Sir,
A composite registered tax payer turnover report in it returns f.y.22-23
1.purchases turnover as per books and orginal invoices based rs:80 lacs
2.purchases turnover as per ais it portal rs:70 lacs
3.purchases turnover as per gst portal rs:75 lacs
Question:
Dealer purchase value report in it returns f.y.22-23


SREE PRAKASH
19 May 2023 at 12:19

Time limit for calculation of LTCG

Respected sir
Please clarify the following
Sale of property was registered in April '23
TDS was (for the whole amount of sale price) made in March'23 and remitted in March itself by the buyer.
1.When to file return for claiming LTCG ?
2.From which date the time limit of 2 years will be calculated ?
Thanks in advance


Mayank

One of our clients is dealer and manufacturer in high-end jewellery. The foreign customers visiting India and buying jewellery from their showroom with single transactions exceeding Rs.50 Lakhs. Foreign buyers are making payment through swap of forex card against the delivery of the jewellery as per bills issued by the jeweler. The client wants clarifications of TCS liability as per the interpretation of section206C(1H) of Income Tax Act, 1961.
Section 206(1H) read as under :
(1H)…….. Every person, being a seller, who receives any amount as consideration for sale of any goods of the value or aggregate of such value exceeding fifty lakh rupees in any previous year, other than the goods being exported out of India or goods covered in sub-section(1) or sub-section (1F) or sub-section(1G) shall, at the time of receipt of such amount, collect from the buyer, a sum equal to 0.1 percent of the sale consideration exceeding fifty lakh rupees as income-tax :
Provided that if the buyer has not provided the Permanent Account Number or the Aadhar number to the seller, then the provisions of clause (ii) of sub-section(1) of section 206CC shall be read as if for the words “five percent”, the words “one percent” had been substituted :
Provided further that the provisions of this sub-section shall not apply, if the buyer is liable to deduct tax at source under any other provision of this Act on the goods purchased by him from the seller and has deducted such amount.
Following are our queries for TCS from foreign buyers purchasing locally :
1. Foreign buyers are not having PAN or Aadhar Card.
2. The foreign sales invoice made by jewelers exceeding Rs.50 Lakhs which was paid by foreign buyer by swap of forex card against delivery of goods.
3. Whether the assessee is required collect TCS from foreign buyers who are purchasing goods locally ?
4. If Yes, what is the rate of TCS to be collected ? in view of above situation and proviso 1 to sub-section 1H to section 206C of Income Tax Act,1961.
5. Foreign buyers are not ready to pay TCS as they are paying GST on Invoice value and not claiming TCS credit in their home country.

Please provide clarification on the matter to determine the TCS liability u/s 206C(1H) of Income Tax Act, 1961.
Awaiting your early reply.


Virendra Chaturvedi

there are various types of Cooperative society like Producer / Marketing Cooperatives.,Consumer Cooperatives.,Worker Cooperatives.Housing Cooperatives.
Financial Cooperatives. etc

As per Sec 2(17) definition of Business, other coprative must be covered under GST if there turnover is more than 20 Lacs

But whatever literature are available in the matter of “GST Applicablity on cooperative society” , it is related to housing society only.

Why such literature is not there about other cooperative society. May I request you to please guide on this





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