sajid Mulla
04 September 2018 at 09:24

Notice u/s 139(9) for defective return

Dear Member,
One of my client received Notice U/s 139(9) for Defective return for AY 2017-18 with an error code 332 : Tax Payer has shown gross Receipt or income under the head " PGBP" more than Rs1 Crore; However, Part A of the Profit & Loss Account and/or Balance Sheet have not been filed and the books of accounts have been audited'.
After verification of his ITR & P&L and Balance sheet, he shows net sale as Rs 98 Lacs as Turnover & in Other income Rs 2.75 Lacs as other receipt. As per his clarification about Rs 2.75 lac, this is not his business income & entry was entered on the basis of proforma invoice & there was no actual sale. This Figure is also confirm from VAT return filed & there was no other receipt in Gross sale in VAT return during that period.He also paid tax on such amount considering in P&L account.
Now, can he give reply by deducting such amount from other receipt & file return with revised figure of sale & claim refund of tax paid.
Thanks in advance....



Anonymous
03 September 2018 at 22:16

Filing of itr

I am opting for 44AD. But because my agriculture income is 45600, i am unable to file ITR 4. I have no records and not maintained books. I was given suggestion to file ITR 3. But there detailed information is needed which i do not have.
So, what should i do now?



Anonymous
03 September 2018 at 20:50

44ad and books maintenance

I have a turnover of around 1.5 cr. But my profit is less than 8% (around 5%). I am opting to file my ITR as per sec 44AD.
I have a doubt whether I need to increase the profit in my books also to 8% or keep it as it is coming around 5%.


BALMUKUND AGRAWAL
03 September 2018 at 20:05

Penalty on revise return

I had filed original ITR by August 31', 2018.. If I file a revised return, will I have to pay late fees?



Anonymous
03 September 2018 at 19:56

Sale of plot

Out of purchase of 9 plots, We made 32 plots and make road as well as boundary wall construction and electricity facility on road , further we construct entry gate.........
Now we want to sale these 32 plots.....
Is GST Applicable and if yes then by which rate?



Anonymous
03 September 2018 at 18:23

Section 115qa tax planning

Suppose A Ltd wants to buyback its shares from B Limited.
The directors of A Limited formed a new Company- "C" Limited.
"C" Limited buy shares of "A" Limited from "B" Limited.
"C" Limited merged with "A" Limited through High Court Order.

Any Implication of Section 115QA in this..??


Ankosh
03 September 2018 at 16:30

Rs 50 lakhs threshold in tds 194ia

I bought a under construction flat whose value without GST is below Rs 50 Lacs, but the value exceeds Rs 50 Lacs with GST.
Should I deduct 1% TDS ?

There is a CBDT circular which clarifies that TDS is to be deducted on amount excluding GST, if GST is indicated separately. While this circular clarifies the 'quantum' on which 1% TDS should be applied, but it does not clarifies whether or not GST should be excluded from consideration value for the purpose of scoping TDS applicability (Rs 50 Lakhs threshold).

Please share your opinion with any case law or guidance issued on this matter.



Anonymous
03 September 2018 at 16:12

Export of services under gst

Dear Expert,
i am working in a research company we did a research for a foreign company (Research was made in India only) and invoice was issued with payment of IGST without LUT. Now we are submitted the documents to Department for Refund the IGST. Department told us for Refund of IGST, Payment should be received in foreign currency only.

Now Please advise the way for get refund of IGST as we had not charged it from client.

Regards

Vipin Khandelwal
9999491456



Anonymous
03 September 2018 at 16:10

Dir 3 kyc

Dear Experts,
While filing the form DIR 3 KYC , the middle and surname of a director got interchanged. However, on PAN validation , the same was shown as successful. How to correct the name of the concerned director? Can we file the form DIR 6 with the ROC to correct the error. Please advise.


shreya kaushik
03 September 2018 at 15:27

Casting vote

Dear Experts,

What is a casting vote/second vote by chairman ? Could you please provide the relevant section under the Companies Act, 2013 which governs the provisions of casting vote.







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