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.



Anonymous
11 March 2013 at 22:36

Examination form

i had failed in group II in CA-Final Nov-12 Examination with Marks 194. but after that i had applied for rechecking, meanwhile i filed the Examination from for may 13 for Second Group only for CA-Final, and then after the rechecking results came and i clear group II fully...

My question is that can i now transfer my application form of Group-II to Group-I for May 2013.

If yes, can you suggest me procedure for that. plz


Raj Bhayani
11 March 2013 at 22:35

Itt training

I AM A TYBCOM STUDENT AND HAVE REGISTERED FOR IPCC ON A PROVISIONAL BASIS. I GOT TEMPORARY IPCC REGISTRATION NUMBER.
I WANT TO KNOW HOW TO REGISTER FOR ITT WITH A TEMPORARY REGISTRATION NUMBER? I TRIED REGISTERING ONLINE BUT IT DOESN'T ALLOW ME WITH THE TEMPORARY REGISTRATION NUMBER. PLEASE LET ME KNOW THE ALTERNATIVE.. PLZ PLZ PLZ REVERT SOON.



Anonymous
11 March 2013 at 21:39

Training with ca

Can an advocate become CA without taking training from a CA.



Anonymous
11 March 2013 at 21:20

Intimation under sec 143(1) by cpc

I find from intimation received u/s 143(1) from CPC Bangaluru that they have not considered depreciation at all while computing business income and hence raised a demand as per this intimation. This has happened in more than one case. Kindly advise whom and how I can contact for getting it rectified. The ITR 4 submitted was correct but IT department's computation as given in intimation shows business income without depreciation.



Anonymous
11 March 2013 at 21:05

Interest

Can a NBFC take a loan @ 3% and give it @ 4% and in a way earn 1% as net income?



Anonymous
11 March 2013 at 20:52

Is it legar or not

Deal all,

I recruit candidates for private offices
for that i am taking 5000 cash as commission from every candidate and i don't have any legal agreement with private offices for this recruitment and i am not taking any thing from private offices

is it legal or not

if yes can i file my IT Return U/s44AD

if no what process should i fallow?



Anonymous

its very urgent
sir, i have commenced my articleship from 9-2-2013 as stated the date in deed of articles but have done its franking on 11-3-2013 due to my mistake.so i want to ask whether my registration will be valid from 9-2-2013 as it has been a difference of more than a month between commencement and franking.


MALAY DAS
11 March 2013 at 20:14

Insurance commission

Dear sir
earned commission income from birla sun life insurance of Rs 84000, can I show it
as normal provision of the act in NO ACCOUNT CASE? advice me because he not main tain accounts. thanks.....


KRUSHNKANT J UPADHYAY
11 March 2013 at 20:09

To issue form -16

respected sir,
i want to know the liability of the person who has issue a form-16 without tan no. if his employee was ask to issue form-16 for their loan purpose.
your faithfully
upadhyay






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