s.sriram gopal

whether payments for import of Raw Material by an Indian Company from a supplier in u.k attracts the provisions of Section 195? Does the DTAA contain any clause exempting the withholding of tax on raw material payments?
The foreign supplier has no PE in India.
Does Sec195 read with Sec 9 has any implication on this?

Please suggest.



Anonymous
27 June 2013 at 17:19

Capital gains

Assessee has sold a residential flat in the F.Y.12-13 (A.Y.13-14) and has L.T. Capital gain of 2 Cr.He has invested Rs.2 Cr. In another residential flat and claimed exemption under section 54 in the F.Y.13-14 ( A.Y.14.15) well within the time limits. The bldg housing the said new residential flat has gone for redevelopment in the F.Y. 13-14 (A.Y.14-15). The assessee shall get a new res. flat with additional area. whether the handing over of the possession of the flat to the developer will be treated as transfer for Capital gains purpose. In which case the assessee will have to pay Capital gains on the previous sale i.e. 2% of 2crores i.e 40 Lacs, since the assessee will be presumed to have transferred /sold the flat he had purchased by claiming exempt under section 54. Is it the fault of the assesee ?Also, will the fact that the assessee will be getting a new flat be taken and will he not be liable to pay Capital gains tax.



Anonymous
27 June 2013 at 17:18

Articleship

Hi Sir. I passed IPCC group1 and joined a firm before 3 months. Dispute arose between me and my principle and now he is not willing to sign form 109. Currently Im in home only. He told that he will sign the form after 6 months. I dont know what to do. Pls help me. Thanks in advance.



Anonymous
27 June 2013 at 17:14

Input restriction under rule 131

Iam a timber dealer in Karnataka purchasing timber logs from Unregistered dealers and after processing the timber logs we will sell the cut sizes and also its by products like firewood and saw dust.

Whereas saw dust is taxable @ 5.5% and cut sizes is at 14.5% and I also pay tax on URD purchases @ 14.5%. Here I am giving some example


I have utilized the above urd purchases of Rs. 6812415 fully. Now after audit sales tax authorities were restricted input tax under rule 131 of Karnataka vat act on sale of firewood of Rs. 238380 and imposed a tax Their calculation is as under

NON-DEDUCTABLE INPUT TAX= (SALES of exempt goods + non taxable transactions) X total input tax On URD Purchases
TOTAL SALES (INCLUDING NON – TAXABLE TRANSACTION)



=(238380+0) x 987800 = 25410.00
9266954


Whether the sales tax authorities are correct or not, please clarify


TRUPTI
27 June 2013 at 17:13

International tax

I Have following questions for one of my client:
1.Mr.A, resident of Australia wants to start business in India, then what is the procedure he should follow with respect to business registration, tax, business set up etc.
if he has business visa?
2.How he will be taxed in India?
3.If he start his business with Indian resident then what is the impact?
4.Whether it will be considered as FDI?

Please do reply ASAP!!!!!



Anonymous
27 June 2013 at 17:11

Articleship

Hi sir. I passed IPCC group1 and joined a firm before 3 months. Now dispute arose between me and my principle and he is not willing to sign form 109. I am currently in home only. If I approach him directly he is not willing to talk. His answer is he may give the termination whenever he wants probably 6 months later. Really I dont know what to do. please help me out.Thank you in advance.


bharat
27 June 2013 at 17:07

Remunaration increased of wtd


URGENT.................



Dear sir
My Co,Want to increase remunaration of WTD ,,,,,

my Q is that when C.G approval is Taken After increase or before increase

Thanks


HIMANSHU SHARMA

Please Comment on this Point: "The Cenvat Credit shall not be utilised for payment of tax dues under the schemes." TAX due means, I want to pay service tax period from 2008 to 2012 under this schem, whether Cenvet Credit cannot be utilised? What is the reason for not giving Cenvat Credit.... Waiting for reply.....



Anonymous
27 June 2013 at 17:00

Travelling

Dear Sir,

I would to ask, we have pvt ltd. co,our two employees have joined our org. i.e far away from here 400 km. Now, They ask for Transportation from there to here.

Whether it is taxable or not.


Rachit
27 June 2013 at 16:57

Tds

Dear Sir/Mam

Is payment made to clearing and forwarding agent for the reimbursement of charges and his fees liable for tds if he provides different bills one of reimbursement and other of his fees.?if liability arises please mention the section also 194c or 194j??






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