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Anonymous
03 November 2009 at 19:17

CAPITAL GAINS

MY FRIEND PURCHASED LAND IN 1992. IN 2008 ENTERED INTO DEVELOPMENT AGREEMENT WITH SHARE OF50 -50. TOTAL NO OF FLATS 14 AND LANDOWNER SHARE 7 FLATS.

MY QUERY IS HOW TO CALCULATE THE CAPITAL GAINS. LANDOWNER WANTS TO KEEP 2 FLATS HIMSELF AND BALANCE FIVE ( 5 ) TO SELL.
WHAT IS THE SYSTEM TO CALCULATE THE CAPITAL GAINS.
PLEASE LET ME ADVICE THE CALCULATION OF CAPITAL GAINS TAX ON SALE OF FLATS / LAND DEVELOPMENT.
WHETHER LAND OWNER TO INCORPORATE THE VALUE OF CONSTRUCTION FOR 5 FLATS OR NOT.

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Rajeswar
03 November 2009 at 17:05

Compliance under FEMA

Dear members,

Kindly claarify me on the following:

A private limited co. is to be formed for the purpose of carrying on real estate business (construction of residential premises)in India? The company is to receive funds from abroad for the share capital. What formalities are there that we have to take care of for receiving such funds in a Pvt. Co as under FEMA, RBI & Cos Act?
Is the co. restricted from obtaining FDI for carrying on the above business?

regards

Raja rajeswari S


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Subrahmanyam
03 November 2009 at 16:43

AS 3

Are listed companies required to present CFS under AS 3 in Indirect method only?

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SHANTANU SHARMA
03 November 2009 at 12:48

deduction of TDS inclusive of service tax

Hello everybody,
i am auditing a public co. the client use to deduct TDS amount exclusive of service tax.
But as far as i know they should include service tax for deducting TDS.
please help me out also give reference of any circular/notification which will be useful
thankyou

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CA. Mala Rohara
03 November 2009 at 10:16

VAT

A soya Company purchases Soya Seeds from the supplier and supplier charge VAT @ 4% in MP. Company makes payment to supplier without VAT and issue TDS Certificate for the VAT Amount as per Section 26-A of M.P. VAT Act.
Summarize position is as follows:

Purchase Value 20 M.T. @ 17,000/- per M.T. = 3,40,000/-
Add: VAT @ 4% = 13,600/-
Total Purchase Value = 3,53,600/-

Company is making payment of Rs. 3,40,000/- to supplier and issuing TDS certificate of Rs. 13,600/- to supplier. Amount of TDS of Rs. 13,600/- is not required to be deposited to govt.

What will be the accounting Entry?

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Aroop Datta
03 November 2009 at 09:35

Related Party Transactions

Kindly advise the full section which narrates Related Party transactions under the Companies Act.

I wanted to know the obligations for the company as well as its Directors for Related Party transactions.

Thanks in advance.

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CA skmnair
02 November 2009 at 22:53

Taxability of ESOP - urgent

A Company allotted Restricted Stock Units (Under ESOP) to its employees, with a lock in period of 5 years. Now that FBT is abolished and these stock units are to be treated as remuneration and is to be taxed in the hands of the employees, the question arises at what point of time does the taxability of these units arise,
a) On the vesting of the options with the Employees or
b) On the ultimate delivery of the shares to the employees after lock in period.

There was no benefit and the value of the benefit was unascertainable at the time the options were vested/exercised.

In CIT vs. Infosys Technologies Ltd. (2007) it was decided that since the benefit of the options which arose on the date of vesting/exercising was only a notional benefit & during the lock in period the possession of the shares remained with the employer & it was not possible for the employee to know the future value of the shares allotted to him on the day he exercises option, this could not be treated as a benefit & TDS need not be deducted.

But this is a case law held before the FBT regime came into force.
I would like to know if I can keep this case law as the basis & postpone my tax liability or is there another dimension to this. Kindly share your valuable opinion.


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NARESH KOTHARI

WE REQUIRE A COMPREHENSIVE FORMAT PREFERABLY IN EXCEL FOR:

1)FUND FLOW STATEMENT
2) CASH FLOW STATEMENT
3) CMA DATA
WHAT ARE THE RATIOS PERTAINING TO BANK FINANCE.

REGARDS

NARESH KOTHARI

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Siddhartha Hegde
31 October 2009 at 21:39

CA job in the Army.

I would like to know are there any job/work opportunities for a CA in the Army. I am aware of many civil services but is/are there any career opps for anyone as a CA in the Army?? Interested to know. any info on this would be helpful. :)

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dev
29 October 2009 at 14:52

Circular No. 7 dt. 22/10/2009

According to Circular no. 7 dt. 22/10/2009, CBDT had withdrawn Circular No. 23 dt. 23/07/1969. Is withdrawl of Circular No. 23 applicable from immediate effect? Kindly let me know that if any indian company pays commission on exports to a foreign agent, does the liability of TDS arises on the Indian Company as per the circular as the liability of same was not there earlier as per Section 9 of the i.T.Act.

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