DDT- Query

 Hi Friends

Our Client is a small Private Limited company!. It  declared dividend for FY 2008-09.The company is liable to pay Dividend distribution tax of Rs 1087000/. But for the Financial Year 2008-09 they are getting a refund of Rs 1458000/-. 

Now they are questioning whether they can set  off this DDT with Income tax refund (just like FBT )

Explain with reference to any case laws if any

Thank You!

Replies (19)

as per my knowledge they cant

 Thats Fine even i can agree but why !

achha yaar mujhe ye batao ki ye kahan law me likha hai ki income tax payable can be set off from the refund of FBT please

simply ask your employer 

HELLOW SANTOSH ITS MY THINKINGN AND M NOT REFFERING ANY PROVISION AS M NOT AWARE,

 

AND NOW A QUESTION FOR YOU

 

PLS TELL ME THE SOURCE WHR U GOT U KNW THAT FBT PAYABLE CAN BE ADJSTED AGAINST INCOME TAX REFUND.

i dont know hindi

 NO EXPLICIT PROVISION IN ACT BUT PRACTICALLY ALL CLIENTS DO THAT , i.e adjust FBT with IT Refund

HOW WILL YOU SHOW THIS ADJUSTMENT IN RETURN FORM AS SCHEDULE " TTI" AND TAX TAX CALCULATION IS LINKED WID OTHERS AND THEY AUTOMATICALLY FILLED UP.

 

I MEAN TO SAY IN TAX COMPUTAION COLOUMN IN RETURN THERE IS NO OPTION LIKE THIS TO SET OFF REFUND AGAINST FBT PAYABLE

 I agree in ITR we cant adjust ,but they dont pay FBT they explain this to AO during Assessment, and i have seen many cases where it is done like this and even department don t question!

YOU MEAN TO SAY WE WILL FILE THE RETURN WID FBT PAYABLE AND INCOME TAX REFUND..

 

IN YOUR REFUND CALCULATION IN RETURN THE AMOUNT WILL BE BEFORE ADJUSTMENT OF FBT PAYABLE .

 

AND IF THERE IS NO ASSESSMENT ORDER THEN THEY WILL GIVE YOU THAT REFUND????????????

 How for any assessee there will be at least summary assessment !. How can there be no assessement.

OKKKKKKKEZZZZZZ YAR THANKS WEL FINALLY WE HAV ALSO PLANNED TO FILE THE RETURN OF ONE OF OUR CLIENT CO. LIKE THIS. i.e FBT PAYABLE AND IT refund.

 

Thanks yar

 now at last i have given one idea, but not got answer for my question.............

Dear Santhosh

your question is still pending - It is my personal openion that as this are related with same accounting year, setting of is possiable, but firstly u r to ask that companies ITO

Thanks

Debaashis

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