Hey all

can any one help me with the main objects of Software company

and also it shd be related to mobile

bcz the main company is mobile company

Sir,
I paid Rs. 12,45,640/- (including interest Rs. 1,33,460/-) on 14/05/2010 for MVAT for the month of Feb 2010. Whether interest Rs. 1,33,460/- paid on 14/05/2010 allowed in assessment year 2010-11 or 2011-12. Please also provide section or provision reference.
Thanking You

Dear All,

One of my client (Gov. Company)received land as gift from a private company. the market value of the same were Rs.3 cr. the transaction taken place in the month of Oct'08.
still we are not accounted it. while finalising the accounts for the year 2009-10 the statutory auditors are says account the land with the market value. is it correct?
if correct what is the AS applicable?
and the where the credit will go?

IF it is not correct,

what is the correct treatment?
with AS reference

As per some of study done by me I have a view that an Individual cannot be appointed as a whole-time director of two company at a same time. And in our case MR P is already a WTD in two Company ie., A LTD & B PVT LTD and know Further, it is propose to Appoint MR.R as WTD in B PVT LTD who is already a WTD in A LTD. I have a doubt that we are not in a lawful compliance of Companies Act, 1956 relating to appointment of MR R as WTD in B PVT LTD. FURTHER A LTD & B PVT LTD as holding subsidiary relation. u can also view point (d) of schedule XIII PART I.
PLS REPLY

Sir,

We are 5 partners in a CA firm. We all have our individual practice. One of our partner has practice of more than 10 lacs. As ours is partnership, while filing of return gross receipts of all partners will be clubbed. What is the remedy to avoid service tax liability on the partner who do not have practice more than 10 lacs.

Thank you

Dear Experts,

Request you to pl give me advise that how I can avail credit on 100% EOU unit Excise Invoice, when I myself as a DTA received inputs from one 100% EOU unit.

Pl advise me a Formula or a way to avail credit.

Warm regards,
Jayesh

Can anyone answer these three questions.

1. In case of purchase of cements the seller has issued Invoice for value which is inclusive of transportation carges (not mentioned seperalty). whether GTA is applicable on such transportation charges.If yes who is liable to pay it.

2. Whether GTA is applicable on transportation charges paid for transport of goods from one site to another site which are in different cities/States.

3. Whether GTA is applicable in case of local transportation of goods.

is service tax covered under clause -1 of section-43B e.g.- tax,cess,duty etc.


like excise duty, customs duty, service tax is also allowed on payment basis.

Say I am a resident & ordinary resident of India. I have stayed in the Uk for 4-5 months. What shall be my taxability status in the following incomes :
1. Salary earned from a employer of UK while serving in the UK only.
2. Interest on any savings in the UK.

Following are the abstracts of the DTAA with UK. Can someone pls help me read the same to determine my taxability in the above two incomes.

I] Dependent personal services -
1. Subject to the provisions of Article 17 (Directors’ fees), 18 (Artistes and athletes), 19 (Governmental remuneration and pensions), 20 (Pensions and annuities), 21 (Students and trainees) and 22 (Teachers) of this Convention, salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State.
2. Notwithstanding the provisions of paragraph 1 of this Article, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall not be taxed in that other State if :

(a) he is present in the other State for a period or periods not exceeding in the aggregate 183 days during the relevant fiscal year;

(b) the remuneration is paid by, or on behalf of, an employer who is not resident of that other State; and

(c) the remuneration is not deductible in computing the profits of an enterprise chargeable to tax in that other State.

3. Notwithstanding the preceding provisions of this Article, remuneration in respect of an employment exercised aboard a ship or aircraft in international traffic may be taxed in the Contracting State of which the person deriving the profits from the operation of the ship or aircraft is a resident.

II] Interest - 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.

2. However, such interest may also be taxed in the Contracting State in which it arises and accordingly to the law of that State, provided that where the resident of the other Contracting State is the beneficial owner of the interest the tax so charged shall not exceed 15 per cent of the gross amount of the interest.

3. Notwithstanding the provisions of paragraph 2 of this Article:

(a) where the interest is paid to a bank carrying on a bona fide banking business which is a resident of the other Contracting State and is the beneficial owner of the interest, the tax charged in the Contracting State in which the interest arises shall not exceed 10 percent of the gross amount of the interest;

(b) where the interest is paid to the Government of one of the Contracting States or a political sub-division or local authority of that State or the Reserve Bank of India, it shall not be subject to tax by the State in which it arises.

4. Notwithstanding the provisions of Article 7 of this Convention and of paragraphs 2 and 3 of this Article :

(a) interest arising in India which is paid to any beneficially owned by a resident of the United Kingdom shall be exempt from tax in India if it is paid in respect of a loan made, guaranteed or insured, or any other debt-claim or credit guaranteed or insured by the United Kingdom Export Credits Guarantee Department; and

(b) interest arising in the United Kingdom which is paid to and beneficially owned by a resident of India shall be exempt from tax in the United Kingdom if it is paid in respect of a loan made, guaranteed or insured, or any other debt-claim or credit guaranteed or insured by the Export Credits and Guarantee Corporation of India and/or Export-Import Bank of India.

5. The term “interest” as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor’s profits, and in particular, income from Government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures but, subject to the provisions of paragraph 9 of this Article, shall not include any item which is treated as a distribution under the provisions of Article 11 (Dividends) of this Convention.

6. The provisions of paragraphs 1, 2 and 3(a) of this Article shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 (Business profits) or Article 15 (Independent personal services) of this Convention, as the case may be shall apply.

7. Interest shall be deemed to arise in a Contracting State when the payer is that State itself, a political sub-division, a local authority or a resident of that State. Where, however, the person paying the interest, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by that permanent establishment or fixed base, then such interest shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated.

8. Where, owing to a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest paid exceeds for whatever reason the amount which would have been paid in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payments shall remain taxable according to the law of each Contracting State, due regard being had to the other provisions of this Convention.

9. Any provision in the laws of either Contracting State relating only to interest paid a non-resident company shall not operate so as to require such interest paid to a company which is a resident of the other Contracting State to be treated as a distribution or dividend by the company paying such interest or to be left out of account as a deduction in computing the taxable profits of the company paying the interest. The preceding sentence shall not apply to interest paid to a company which is a resident of one of the Contracting State in which more than 50 per cent of the voting power is controlled, directly or indirectly, by a person or persons who are residents of the other Contracting State.

10. The relief from tax provided for in paragraph 2 of this Article shall not apply if the beneficial owner of the interest :

(a) is exempt from tax on such income in the Contracting State of which he is a resident ; and

(b) sells or makes a contract to sell the holding from which such interest is derived within three months of the date such beneficial owner acquired such holding.

11. The provisions of this Article shall not apply if it was the main purpose or one of the main purposes of any person concerned with the creation or assignment of the debt-claim in respect of which the interest is paid to take advantage of this Article by means of that creation or assignment.

Dear Sir,

We are providing Manpower services to units situated under SEZ and not charging service tax on the same as per the notification. I want to now as to what are service tax effect of the same

1. Can cenvat be disallowed for not charging service tax ?

2. Can service tax liability arise on the same ?