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can refund deducted U/s 194b?

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Querist : Anonymous

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Querist : Anonymous (Querist)
18 July 2011 sir

a client received a car from a luck dip scheme in new year time. the showroom owners deduct u/s 194b 30%on gift(car maruthi alto) rs. 64253/-


client paid insurence & taxes.

client is asking claiming deducted amount.
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CA MANOJ GUPTA

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CA MANOJ GUPTA (Expert)
19 July 2011 AS PER SECTION 115BB SUCH TYPE OF INCOME ARE TO BE TAXED AT A FLAT RATE OF 30 PERCENT
U HAVE NOT DISCLOSED OTHER INCOME DETAILS OF THE ASSESSEE
SO A SUITABLE REPLY CANNOT BE GIVEN

CA MANOJ GUPTA
JODHPUR
09828510543
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Amol Gopal Kabra (CA,CS,DISA)

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Amol Gopal Kabra (CA,CS,DISA) (Expert)
19 July 2011 The TDS shall not be refunded in any case. However, you need to file return of income showing the details of gift received and the tax thereon @ 30%. But you need to pay education cess on the same as TDS in only for basic amount.
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CA. Krishna K Neeraj

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CA. Krishna K Neeraj (Expert)
19 July 2011 Your client is required to pay 3% more tax as education cess has not paid. TDS can not be refunded even if he is having no income
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C A S.S.Agarwal, M.Com.,LL.B,

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C A S.S.Agarwal, M.Com.,LL.B, (Expert)
19 July 2011 Yes I agree with the experts
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