Professional tax

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shankar (Querist)
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16 December 2013 Am here to query about weather Professional Tax is applicable to the companies registered under companies act & not engaged in course of business where turnover is nil from incorporation to till date

Nikhil Kaushik

Nikhil Kaushik (Expert)
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17 December 2013 I believe profession tax shall still be applicable.

shankar

shankar (Querist)
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17 December 2013 can anyone explain in brief?

Nikhil Kaushik

Nikhil Kaushik (Expert)
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17 December 2013 refer schedule 1 to profession tax Act (Maharashtra):

Point 18: Companies registered under the Companies Act, 1956 and engaged in any profession, trade or calling.

Section 2 definitions:

"engaged", in relation to any profession, trade, calling or employment means occupied fully or otherwise in such profession, trade, calling or employment, whether any pecuniary benefit or benefit of any nature whatsoever, actually accrues or not to a person from such occupation.

So here engaged would also mean unengaged.

Whereas in Tamil Nadu, you need to be actively involved:

"Every company which transacts business and every person, who is engaged actively or otherwise in any profession, trade, calling or employment with in the Town Panchayat on the first day of the half-year for which return is filed, shall pay half-yearly tax at the rates specified in the Table below in such manner as may be prescribed:"

So it would vary from state to state.

shankar

shankar (Querist)
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17 December 2013 sir, is it necessary to pay in karnataka state

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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17 December 2013 Yes agreed with nikhil's view and yes must be paid in resp state having its reg office.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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17 December 2013 Wil have to check for karnataka. Will let you know.

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