Mandeep Singh
17 March 2008 at 11:41

Capitalisation of an item

We have estabishe a fish pond in our plant which is made up of Cement and its cost is around Rs.1.75 lac.

Can we treat it as our asset?
If yes, then please guide under which head Building and can we claim depreication on it?


meenakshi
17 March 2008 at 11:33

Capital gains sharing

Two people invest money as follows:

A invests Rs.10 lakhs in cash to purchase a piece of land but takes his brother B as joint holder in the registration though B does not invest anything for the land at the time of regn.

Later B takes a housing loan based on his income for Rs.13 lakhs taking A as a co-applicant for the loan but without any liability. A and B invest 4 lakhs cash each to build a residential house on the said land. Their total investment is as follows
A Cash for land 10 lakhs
cash for building 4 lakhs

B Loan for building 13 lakhs
cash for building Rs.4 lakhs

The property fetched a rental income of Rs.20,000 of which RS.15000 was appropriated by B towards his loan every month and Rs.5000 taken by A.

Seven years later the said property is sold for 80 lakhs and the loan of B was repaid in full. The market value of a similar vacant land at the time of sale is 5 times the original purchase price. Balance Loan of A is around 10 lakhs.

My question is how will the sale proceeds be distributed between A and B and the amount of Capital Gains liable by each?

Since the land value has multiplied five times and B has already taken a substantial amount of the returns on the property for appropriation towards the loan Principal and interest, Can A claim that the original investment in land was made by him and the it is the value of the land that has increased while the building actually depreciates over time.

for EG. Land value at the time of sale Rs.60 lakhs to A
and

Balance being value of the building Rs.20 lakhs in the proportion of their investment in the building after setting off the balance of the loan of Rs.10 lakhs. Then both are entitled to Rs.5 lakhs each.
But even then they have not shared the income from property equally. Will B have to repay a proportionate amount of the rental received over the past seven years? Then B's share will again reduce substantially.

Since this is a very tricky situation, I would appreciate an answer that should be substantiated with some legal facts.


anish
17 March 2008 at 11:01

Accounting Standards

hi,
Is logo design expenses is covered under AS 26. Can it be capitalised.


saritha
17 March 2008 at 10:57

direct taxes

should we remember cost inflation index for capital gains of all the years for exam/will it be given in exam


SRIDHAR JALLURI

Dear Memebers,

If an employee leaves the job by not serving the full notice period then salary equivalent to shortage of notice period will be recovered from the employees salary. Will this amount be deducted from the total salary paid by the employer in the Form 16 sent to employee. Can an employee show this amount recovered by employer as deduction from salary income in the return to be filed with Income tax department.

Reagrds,
Sridhar J


RAMPRASATH R
16 March 2008 at 21:30

capital gain

if a firm's assets is revalued and converted into pvt co under ix of companies Act whether liability of capital gain arises for the firm


dinesh juneja

The AO charged interest @12% p.a. for delay in deposit of TDS by one day to three days for full one month. But as per rule 119A (a) where interest is to be charged @ per annum basis then part of month is to be ignored. If delay in deposit of TDS is less than one month whether the AO is right in charging the interest for full month.If AO is correct then What is the remedy?
Kindly reply urgently.


Radhika Hariharan
16 March 2008 at 20:01

80 c - deduction

Is there is a pre-condition that for claiming deduction for repayment of housing loan under sec 80c the house should be self - occupied?


nitin kumar vijay

If a Security Officer working as chief security officer on three years contract basis but all terms & condition in contract shows his identity as employee i.e. PF Deduction & leave & othes rulse all similar as employee on roll.

What section apply for his TDS Deduction u/s 192 or 197C or 194J?.

Thanks

NITIN KUMAR VIJAY
9218567870


yogesh garg
16 March 2008 at 18:47

final yr. notes

sir,
plz send me MICS full notes






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