DEVI SINGH PARIHAR
06 August 2024 at 12:25

Income u/s 44AE

Income Tax Query: In case of transporter who declare income u/s 44AE having a Truck-Trailer and on R.C. of vehicle laden/Unladen wt.(Kg.) 55000/15070 kg. is mentioned and GVW is not mentioned on R.C. so on which weight income u/s 44AE is to be calculate on 55 ton /15 ton. (55 Ton x 1000/- p.m. or 15 Ton x 1000/- p.m.)

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Amit Kr Mishra

This might sound very stupid question to ask but it underlines two primary concerns:
1. GST Department never waives tax liability once instated, sooner or later, they are to be paid
2. When such liabilities are recovered, does govt allow the related ITC to be claimed by the customers of the defaulting suppliers.
3. ABC Co bought goods from XYZ Co vide invoice dated 30.03.2022. As the later did not file its returns and did not pay the taxes, ABC Co couldn't claim ITC by 30.09.2022 for the said invoice. However, in July 2024 XYZ Co has paid all its taxes and filed the returns, will ABC Co be albe to claim ITC now? May be not. But CAN ABC Co, on the basis of the fact that XYZ Co is a defaulter, claim the GST Back from XYZ Co in a legal manner backed by GST Act.
4. Is there any measure in GST Act to safeguard the interests of the buyers so that they do not suffer from such ITC Losses

Please help

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Somnath

Dear All
In what situation GST RCM rule is applicable in case of GST registered party for following type of payments ?

(1) Commission claimed by unregister person or Pvt Ltd company
(2) Professional Fees claimed by unregister person or Pvt Ltd company

In above cases TDS rule applicable ?

Regards

S Mallick

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YELLANKI RATHNAGIRI

Mr. X is Land Lord, individual and having Land 1000 Sq Yrds

Mx. Y is Builder

They entered in to JDA (ratio 60:40)
Total 10 flats (6 flats for Land Lord and 4 flats for Builder)

Capital Gain Tax Calculation (after completion Certificate)
FCV 6 Flats * 10 lakhs (SDV value) =60,00,000
Land (40% )Acquisition 3,90,000*348/100=13,57,200
Long term Capital Gain= 46,42,800

Here my doubts:
here Stamp Duty Value means flat construction cost and land (undivided Share) cost
Can we reduce land cost from this SDV Value to take FCV value because here in my opinion construction value is only out consideration. 60% land was hold with us as undivided share.

if not why shouldn’t be reduce land cost?

Please give reply

Thank you

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Manoj Chauhan

Dear Sir/Madam,

"A" sells goods to "B" company. The sale invoice contains freight charges.
GST is applied on whole of the amount (Basic + Freight charges)
Freight service was availed by "A" from "C" company.
"B" company makes payment to "A".
Now, "A" is required to make payment to "C" (freight service provider).
My question is: Whether "GST" would again be applicable (by RCM method) between the transaction of "A" and "C".

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Kamal Pal

Dear Experts, We are based out of Gurugram, looking forward for service of merger between two small scale company.
1. Both having same ownership/ shareholding.
2. Holding company do not run business and all compliances are being maintained.
3. Subsidiary company have business of business consulting services only and is in the business (turnover less then 2 cr. in preceeding 5 years)
4. Holding company owns over 86% of shareholding in subsidiary company.

We are interested in fast track merger between the two and want to know the time and professional fee (other then govt. chg. exp.) will be for the purpose.

Interested member, please leave your link of your profile where we can reach you by phone or email.

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Pallavi Agrawal
27 June 2024 at 21:10

TDS demand due to overbooked challan

I have received demand from income tax department due to one challan as overbooked.
There were total three challans in the return. Out of which two are matched and consumed and one is mentioned as overbooked. However I have entered all the details of the challan correctly. Can someone please guide how to deal with this demand

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Chandra Kala

For want of registration u/s 12A society was forced to pay tax for the A.Y.2022-2023 & 2023-2024 and 12A registration was given for Rs.2024-2025. Whereas, as per circular no.6/2023, dt:24/05/2023 exemption could be claimed for A.Y.2022-23 onwards if form 10A is not yet submitted is it possible to submit again application for 12A Registration for the A.Y.2022-2023 & 2023-2024.

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Madhab Chandra Mandal
06 August 2024 at 12:36

Short deduction on inoperative PAN

Sir,
Our two employees PAN is inoperative due non linking with aadhar. Salary paid to them for FY 23-24 was Rs.573201 & 527315. They opted new tax regime. So no tax had been deducted. TDS return filled and return processed with defaults. Justification report shows short deduction of TDS Rs. 99640 & Rs.90463.
Does provision of Sec 206AA applicable as the employee is not liable to pay tax.
Pls reply what to do.

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Madhab Chandra Mandal
06 August 2024 at 12:36

Short Deduction for inoperative PAN

Sir,
Two of our employees PAN was not linked with aadhar. Their salary RS.473501 & 427532. I have not deducted Tax as salary is not taxable. I have uploaded TDS return 24Q and choose new Tax regime.
Mt TDS return processed with defaults. After downloading Justification report I found that short deduction Rs.79700 & 70506 was mentioned for Inoperative PAN.
Both the employees are not taxable then why short deduction was mentioned in justification report.
Pls answer.

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