Dear Friends,

We had made Inter State sales against C forms, but some parties hadn't given us required C forms. Now at the time of Assessment my Assessing Officer is charging tax difference along with 10% Penelty and Interest. Is Penel provision is valid under CST Act? Please provide me some legal guidance along with court judgement & case references. My Email ID is ashishvishnoi@sify.com

my brother was doing cable opertor business in a certain area/ network, generaly in the cable business, it is tradition right to do business in that area/ network along with the customers( subscribers ) sale to the party.

now the consideration Rs. 50,00,000/- received for sale of right to business in that area / net work . the amount received whethere capital gain or business income and how it will be taxed, 30% as General Business income or tax under capital gain at 10%/ 20%

Whether the web development ( not designing)is
taxable service under service act.
> all the development is made for the overseas
client i.e exported (no office in India)and fees is received in convertible
foreign exchange.
> new business,gross receipt till date are 10,15,000 rs. it include 150000
received on 8 jan 09.
no service tax number is applied yet. and not registered
under STPI etc.

> now whether CO. should apply for service tax no. or not. someone
told me that amendments are made in July 08. so if service tax is applicable receipts will be calculated after that date only. Pls guide

1. This is newly incorporated (in may 08) pvt ltd co. with less then 10 employees.
2. The payment is received on the constuction of a portion i.e the requiered facility in web site.
Only one client is there.
3.The service used by clint outside india. There is no such online support from india it is done by client from their rnd.
4. No amc in the contract.

Hello All,
Can you please help me with your expert advice on the following? :
My company is installing a pipeline and related other plants & machineries for transportation of chemicals. Pipes have been purchased for the purpose and stored. The installation process has just started and operationalisation of the plant including the pieline will take at least one year.
After operationalisation service tax will be applicable transportation charge for "Transportation of goods through Pipelines".
Please advise me -
(1)whether CENVAT Credit for ED paid on pipes and other plants, Srvice Tax paid to Project Consultants and other service providers for implementation of the project will be available for adjustment against Service Tax Chargeable on Transportation Charge?
(2)If so, what records and in what format do I need to maintain to satisfy the central excise/service tax authorities to avail CENVAT credit?
(3)When should I claim the CENVAT credit and what is the procedure for the same?
(4)How should I treat the ED and Ser. Tax paid during construction activities in my books of accounts for claiming and utilisation of CENVAT credit? Can you please suggest me appropriate entries in the books of accounts?
It will be a great help.

Thanks & regards,

Aditya

Comrades,

Pl. clarify...
My client needs to pay some amount to Foreign citizen..(as business commission)

How this amount to be paid, and what are the tax implication.

The amount could be roughtly INR Rs.1 lac

hello friends & seniors
please clear this doubt
whether aas are applicable or new standards on auditing are applicable for may 2009..
many thanks in advance

X ltd having Computer Worth rs. 25000 in balance sheet during the year x ltd paid rs. 6900 for purchase of software, Rs. 2500 for the maintainance of website, Rs. 3690 purchase of ram, so shall X ltd have to capitalise Rs. 6900 if yes then what is the rate of depreciation in companies act and in cometax act.

Hi

What could be the modus Operandi to convert sole proprietorship/partnership firm into a private limited company.

could the financial statements of pvt.ltd. revised and whats the requirement should be fullfilled?

The AO disallowed expenses u/s 43B of the Act.for the assessment year 2006-2007 as they were duly mentioned in the Audit Report that Service Tax and other Taxes were not paid till the finalization of the Audit Report and also not paid till the filing of the return of income.
My queries are-
1) Can the AO levy penalty u/s 271(1(c)as we have a plea that there was no concealment of income or any fact and we had duly mentioned about the facts in our audit report. We have a case law too regarding this issue which is as follows-

It was Held, that as material facts necessary for disallowance were duly disclosed in audit report filed with Return of Income,the assessee’s contention was being genuine, bonafide and innocent mistake was accepted, and that penalty cannot be imposed, as there was no malafide intentions on the part of assessee in the case of-

Akshay Enterprises (P) Ltd. vs. ACIT – (2007) 161 Taxman 168 (Amritsar).

I will like to ask here that will this plea work or not for us and are there any other rulings regarding this issue.

2)How will we be able to claim the expenses in assessment year 2007-2008 if we had paid the expenses in the assessment year 2007-2008. The Dis allowance was for the assessment year 2006-2007 and we have received the assessment order only now and its too late for us to revise our return for the assessment year 2007-2008 now that is in the year when we had made the payment for taxes.Is there any method of rectification of mistake u/s 154 regarding this after we receive the assessment order u/s 143(1) for assessment year 2007-2008 or some other way out.

3)If we dont go for appeal against the order for the assessment year 2006-2007 now and accept the dis allowance made by the AO as it is, will we be able to appeal against the penalty u/s 271(1)(c)later if levied by the AO or we will we lose the strength in our case by not appealing against the assessment order passed by the AO.

4) Will this addition be termed as dis allowance or not as it was not a dis allowance perse but the expense or payment was deferred to next year.

Thanks.