Anonymous
17 March 2014 at 11:18

Capital gain

While calculating capital gain tax ,in case of land belongs to wife of value RS 35000 in the AY 2007-08.
received by husband for a consideration of RS 9000 in AY 2009-2010.
Land was sold for RS 500000 in the AY 2013-
14.
Now what is the Cost of acquisition of such land


kota janardhana rao

Dear sir,
Please guide me on the following issue.
The assessee is a partnership firm engaged in business of managing “Reliance Retail Petroleum Outlet”. The assessee filed return of income for A.Y. 2006-07 and the assessment is completed under section 143(3) of Income Tax Act and income returned is accepted. The assessee filed details of freight charges (truck numbers also noted in ledger extract filed with A.O.) as required by the A.O. Later the Internal Audit Party has raised an audit objection that in respect of two trucks the aggregate transport charges paid during the pervious year exceeds Rs. 50,000/-, hence disallowance u/s 40(a)(ia) read with Sec. 194C is attracted and the A.O issued notice u/s 148 with previous approval of C.I.T. for A.Y. 2006-07 and the reassessment proceedings are in progress.
The modus operandi of billing followed by Reliance Industries Ltd., supplier of Petrol and Diesel to the assessee is explained below.
The RIL raise Tax Invoice for the product value. The associate company of RIL, Reliance Ports and Terminals Limited, Logistics Division, raises a Freight Invoice for the Road Freight separately and the Freight Invoice contains a Foot Note as under:
Note: Please make payment in favour of M/s. Reliance Industries Ltd. A/c RPTL, who is our collecting agent.
We have objected to additions u/s 40(a)(ia) on following grounds:
a. We do not have any contract with the transporter. The fact is clear from the Invoice of Reliance and also the Consignment Note. In fact RIL arranges the trucks. We don’t make any payment to the truck driver/owner. The consolidated payment of agreed price which includes product value and freight charges, is made to RIL.
b. The assessee explained the procedure of purchases from RIL as under: Place indent for the material required to Depot, Obtain a DD or Transfer funds to RIL and send UTR NO. to RIL, send scanned copy of DD immediately to RIL, send DD by courier (if DD is taken).
c. The RIL prepares the Tax Invoice and Freight Invoice. The amount paid by us is favouring RIL and we never make any payment to Reliance Ports and Terminals Limited.
d. RIL will not arrange to despatch the product unless and until the Retail Outlets transfer the funds equal to the Product value+Frieght charges.
e. The assessee further states that it received goods from mainly from RIL’s TADA Depot (as it is nearer) and occasionally from Kakinada Terminal Depot subject to availability of stocks at RIL, and assessee has nothing to do with the distance or freight charges as the RIL collects DD from assessee as per notified product price, irrespective of distance/freight thereon.
f. During reassessment proceedings, the assessee furnihsed documentary evidence viz., a Tax Invoice, a Freight Invoice, Counterfoil of RTGS Money Transfer proof to RIL including freight charges, Statement of Account issued by RIL, wherein the Tax Invoice and Freight Invoice are debited separately and the RTGS payment received including freight is credited as single item.

Please give me any supporting case laws on the above matter and your views favourable to the assessee.
KOTA JANARDHANA RAO F.C.A.


Yogitaa
17 March 2014 at 10:28

Effct of company law on accounts

whether applicabilty of notified sections of company law going to effect financial reporting



Anonymous
17 March 2014 at 09:59

Cs exemption

kindly guide me regarding procedure to be followed for getting exemption in cs executive paper no.2 i.e cost and management accounting on the basis of b.com qualification..... i am a graduate above 60%.......


Madhab Chandra Mandal
17 March 2014 at 09:58

Demand of service tax

DOOSAN Power System India Pvt. Ltd. is a korean company. Providing Engineering Consultancy service for power making power project in India. IOTEP is a construction company took work contract from DOOSAN. IOTEP have appointed several contractor to complete his job.
My client NTIC is proprietorship concern received a work order from IOTEP to supply manpower for an amount of Rs.16,20,000. Later it is extended to Rs.30,00,000 in FY 2010 - 2011 & 2011 - 2012.
NTIC raise the manpower supply bill without adding service tax on the nexus that main company is paying service tax and had not taken input credit of service tax. IOTEP also insist all the subcontractor not to make service tax registration. Accordingly all the sub-contractor did not make service tax registration including my client NTIC.
Now Service tax dept. issued a demand notice to my client NTIC.
Is there any provision in the service tax Act to waive the demand notice?
Please advice me what course of action should I take.



Anonymous

Dear Excise Expert,

Requesting you, kindly provide a Judgement soft copy for No Penalty for not filing ER-1 NIL returns to my e-mail ID venkatesh14@gmail.com

This is required to to specific requirement

Thanks a lot

Regards
Venkatesh


chinu
17 March 2014 at 07:49

Lic commission

1,00,000 lic tds. deducted n gross recipts is 9,50,000 that how to tax calculated n refund


shruti
16 March 2014 at 23:22

Firm loss

PLEASE TELL ME
1.AUDIT REQUIREMENT
2.CAN I FILE LOSS RETURN IN MARCH 2014.

========================================
MY PARTNERSHIP FIRM INCOME ======= 30000.00

FIRM CONTAIN A PROVISION THAT BOTH PARTNER SHALL BE ENTITLED FOR SALARY OF 10000 PER MONTH AND INTT 12% ON CAPITAL

POSITION IN BOOKS
=========================
RECEIPT 30000.00
lESS PARTNER SALARY 240000.00
lESS:- INTT 50000.00
===============
AS PER BOOKS LOSS 260000.00
===============


AS PER TAX POSITION
=====================
RECEIPT 30000.00
lESS INTT 50000.00
lESS-PARTNER SALARY 150000.00
===========
LESS IN RETURN 170000.00
=============


CONFUSION
==========
1. AM I RIGHT OR WRONG IN ABOVE WORK
2. I HEARD THAT IF I WANT TO FILE LOSS RETURN AS ABOVE THEN AUDIT IS MUST


rl334709
16 March 2014 at 23:21

Bank saving account's interest

Sime banks calculate and credit interest in saving account in feb and august. Some banks.....in may and november.

Then how to calcuate the perfect interest amount of savings ac interest for that particular fin.year?

Is taking interest certi from bank , the best way?


rl334709
16 March 2014 at 23:16

Bank saving account's interest

If two sons above age of 25 and their father have a joint bank account. Father's salary kept credited in that account till his retirement. Then the elder son has credited some amount in that account out of his inome. The younger son has not credited any amount ever from his own side.
Now , father is retired. He doesnt get pension in that old account. Now while calculating father's total income, the whole of interest amount is to be taken as father's income? Or is it to be divided into three parts? If yes, then on which basis it should be divided?
The elder son is a nonresident. He has also credited amount in this account.






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