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293 Comments

  1. PRIYANKA says:

    please help.

    Facts: if a person has received pension of Rs. 100000 , say in A.Y. 2007-08 , and offered the same for taxation . However , due to revision in the Govt. policies he had returned the same pension along with interest (100000 +10000) to get enhanced compensation in terms of new guidelines announced by the govt.
    QUERRY: Wheteher the amount reimbursed to the govt. in this year i.e. A.Y. 2013-14
    a. will be adjusted against any other income and if yes, then in which A.Y.
    b.which sections are relevant

  2. V.NARAYANAN says:

    I am working in state public sector corporation and they are paying gratuity under payment of gratuity act. as per act there was no maximum number of service, where as some persons told that maximum number of service was only 33 years. If i put 37 years, kindly inform me whether 33 years or 37 years will be taken as per gratuity act

    V.NARAYANAN

  3. harshul sharma says:

    can i get the reply of all queries asked above…….
    please e-mail me…. this is will be helpful for me….
    thanks………..

  4. harshul sharma says:

    @sonal only amount collected over and above 10,00,000 Rs. is liable for service tax. however if u hv collected before that u are required to submit the same.

  5. shivanand says:

    Consultanion in Bangalore

    We are are services providers in Bangalore,
    We provide services on VAT,Service tax ,Excise and Customs, Foreign trades (DGFT), local licences (BBMP,Food,etc) PF, salary processing, and other allied labour Act including Imports and exports , insurance matters.
    we are providing our services to small, medium & large scale companies as per law of land .We too familier with ESI Act, salary processing, Minimum Wages Act, Labour Welfare Act, Bonus and Gratuity Act etc.
    Please send valuable queries on mail at – [email protected]

  6. HARISH AERY says:

    I would like to send articles on Income tax, Pb.VAT & CST Acts. I am a regular reader of Tax.guru but I don,t find information of Pb VAT Act. So will be my special field. If this is ok then send me confirmation.

  7. DEVRAJ says:

    i purchased a resi house under cons in march 2010 and sae agreement made in march 2010.possesion will in april 2013.if i sale in april2013 it will be LTCG. IF I REINVESTin resi housee iwlll be able to get benefit

  8. naveen kumar rana says:

    with your reference CMPQ 7569679, I had received refund cheque which I returned to Mumbai SBI due to mentioned wrong account no. SBI Mumbai confirmed me for received all document . as well as CPC Bengaluru also confirmed me they have received all document dt on 15 Nov12.

  9. pundalik kadam says:

    Dear Sir
    i purchased Row house from builder which agrrement to sale made in dated 22.04.2011 of value 10.28 lac, builder demanding on possession now 5%, what will i do ?

  10. ANANTRAMAN says:

    I am S ANANTRAMAN My PAN: ABMPA5352L
    While I have received assessment and refund for AY 2011-12 and 2012-13, the refund for the earlier period AY 2010-11 for which the return was filed on 30-06-2010 has still not been received. May I expect some help please.

  11. GOURI SHANKAR JADHU says:

    SIR/MADAM,

    AS PER SERVICE TAX RULES, SERVICE TAX ON TRANSPORTATION CHARGES OF PETROLEUM PRODUCTS BY RAIL ARE EXEMPTED. IF THE DEMURRAGE IS LEVIED ON SUCH TRANSPORTATION CHARGES, WHETHER IT WILL ATTRACT SERVICE TAX? KINDLY CLARIFY WHETHER SERVICE TAX WILL BE APPLICABLE OR NOT APPLICABLE ON DEMURRAGES QUOTING WITH SPECIFIC RULE/ACT/CIRCULAR. IT WILL BE VERY GRATEFUL IF U PROVIDE A COPY OF SUCH CIRCULAR.

    THANKS AND REGARDS,
    GOURI SHANKAR JADHU

  12. GOURI SHANKAR JADHU says:

    SIR

    AS PER SERVICE TAX RULES, SERVICE TAX ON TRANSPORTATION CHARGES OF PETROLEUM PRODUCTS BY RAIL ARE EXEMPTED. IF DEMURRAGE LEVIED ON SUCH TRANSPORTATION CHARGES, WHETHER IT WILL (DEMURRAGE) ATTRACT SERVICE TAX. PL CLARIFY BY WHICH RULE/ACT/CIRCULAR THE SERVICE TAX WILL BE APPLICABLE OR NOT APPLICABLE ON DEMURRAGE. IT WILL BE VERY GRATEFUL IF U PROVIDE COPY OF THE SUCH CIRCULAR.

    THANKS & REGARDS,
    GOURI SHANKAR JADHU

  13. Bhavesh Shah says:

    i want to know whether Diamond industry (cut and polished diamond business) is termed as manufacturing activity for additional depreciation @ 20%??? (Kindly give reply in the light of Supreme Court Decision Gem Star – 2001)

  14. charee says:

    Dear Sirs I want to know about the applicability or otherwise of TDS on the interest earned by STATE GOVT TRANSPORT EMPLOYEES PROVIDENT FUND TRUST on the Deposits made by the Trust with Nationalised Banks. They claim that they need not pay any TDS on the amount of interest earned by them out of the Deposits.How to verify whether they are actually exempted from paying TDS? .Any blanket permission is given by IT Dept.?To whom to contact/consult in this regard? Are Govt Transport employees provident fund trust are exempted fully ie even there total income itself exempted from IT? Kindly give a detailed reply in this matter at the earliest.

  15. S.K.Kapoor says:

    What is tax liability of a person of Indian origin who acquires Nationality of another country but has income from bank deposits or real estate income & dividends?
    Bank has changed his saving account to NRO account and started deducting TDS at 30.1%
    Can he file online return and get refund, as his income in India will be below INR 100000/=?

  16. Kamal Kumar says:

    I am a registered dealer in Punjab, i purchased a material from Maharashtra, but after six months it was found that material is not usable the Maharashtra dealer charted Excise Duty and CST, and I have supplied him “C” Form. I have send back the goods on my invoice charging same excise duty and CST, whether CST is applicable on purchase return also or not ? pls suggest

  17. Ashok Sarvaiya says:

    We have taken service tax No. since last 4 to 5 Years under Business Auxilliary Services. And we are paying service tax Regularly. In 2010-11 our turn over was 15 Lakhs & 2011-12 our turn over was 8.5 lakhs, we have collected and paid the service tax there on. Now we would like to know if in current year i.e 2012-13 our turn over may be below 10 lakhs and we are not going to collect Service Tax. So we would like to know whether Service Tax is chargeable or not ? And if our turnover may be more than 10 lakhs so we will exemption limit for 10 Lakns, and on balance we will pay the service tax. Kindly clarify the same & oblige

  18. manish mehrotra says:

    sir i have an advt agency and i do advertisement for my client on indian railway trains and on government state buses….i would like to know that space selling for advertisement on train and buses is exempted from service tax or is ST payable…..pls let me know…thanks

  19. michael dcosta says:

    sub brokerage / commission for real estate received prior to 1/7/2011 . would like to know whether service tax applicable. original broker has paid service tax
    please advice

  20. Manish says:

    Hi there,

    Please allow me bring your attention that my pan no is ATFPK3635D and I took someone’s help to create my account and he also processed my tax filing. Now he is not reachable and I cannot access my account because on resetting password it is sending password to his id and I cannot use other option because I don’t know secret question. I don’t have any idea why it is sending my password to his mail while I got acknowledgement mails from CPC on my mail it means they have my id in their records.

    Please help me out right now I am just feeling very helpless because I cannot create another account because my pan no is already in their records. my email id is [email protected]

    Thanks

  21. Sourabh says:

    HI,

    I just took a home on rent of Rs. 19000 per month, but my landlord is refusing to give his pan no. as he is saying my ca has refuse me to give pan no., I tried a lot to make him understand that I require that to claim hra in my salary but is not trying to get it, what should i do

  22. Sonal says:

    Hi,

    I have one querry. If newly started service provider company crosses its exemption limit of Rs. 1000000 during their first financial year. Whether the company is liable to pay tax on first 10 lacs

  23. CA ABHISHEK MANGTANI says:

    DEAR SIR,
    MY FATHER WITH THEIR FOUR BROTHERS WATS TO TAKE JOINT HOME LOAN FOR THE CONSTRUCTION OF 5 BANGLOWS ON A LAND WHOSE IN THE NAME OF ALL 5 OF THEM.
    SO MY QUERY IS THAT WHETHER THE DEDUCTION UNDER INCOME TAX CAN BE AVAILED U/S 80C & 24 BY ALL OF THEM INDIVIDUALLY OR WE HAVE TO TAKE THE HOME LOAN INDIVIDUALLY.

    PLEASE ADVICE ME

  24. Suresh says:

    11-9-2012 10.00am.

    My wife is a Singapore citizen and resides in Singapore since last fifty years, visiting India once a year, at most for 15days. Years passby without going to India.

    She has inherited ancesteral property in India, and sold all the properties realising losses(due to indexing calculations as the properties were inherited in 1971) in most of them except one, which leads to the question tht I am asking answers to.

    1.She has been assessed in Singapore from the time she became Singapore Citizen in 1980/81. She has been a housewife and had no income and as advised by the government, people with no income need not file returns, and she stopped filing from the time of the announcement.

    2. When she sold the properties in India 2009,2010,2011 she filed returns in India(has Indian residence address but as above stated doesnt visit India and when she does is not more than a fortnight in any one year) and none in Singapore as propeprty sales resulted in Lossess (no income)

    3. The last property sold in 2012 (Sale Deed registered in August 2012) resulted in substantial profit.

    4. Being a Singapore citizen, no tax is payable on Long Term Capital Gains in Singapore. When approach was made to Singapore Tax authorities , was advised as there is no Capital Gains tax in Singapore, she need not file any return.

    5. The properties being in India, attract Indian Tax on Long term Capital Gains 20% Tax. Sale proceeds have been remitted from India to Singapore through Banks and applications as required by the Reserve Bank India were submitted to the remitting bank who than remitted the proceeds. (Form and application for remittance under U/S 195 of the Income tax act –Annexure A, B Certificate, Form A2, Purpose of remittance form etc as required were submitted.

    6.Now the returns have to be filed in July/August 2013, and the question of advance tax/deduction arises.

    7.MY QUESTION IS, Is she liable for Indian Tax as a Singaproe citizen not residing in India for more than 15days in any given year. Singapore authorities say that as there is no Capital Gains Tax in Singapore, there can be no claim or set off or even the necessity of filing return in Singapore.

    Please give clarity and advise.

    Suresh

  25. devaki says:

    sir wat about expenses,tax treatment if partnership firm converts into pvt limited company
    .how may returns have to be filed?
    is the
    new pvt limited co., have a chance to consider expenses of partnership firm?

  26. Mukesh says:

    Dear Sir/Madam

    In Service tax negative list, there is an item of agriculture wherein loading,unloading packing storage or warehousing .I want to know if we provide services like wheat,sugar loading & unloading in port area will it be exempt or taxable? I mean, negative list is applicable on agriculture product loading & unloading port area Please help me.

  27. Dhilip says:

    I have submitted my Income Tax Return and form 16 to Income Tax Office Tambaram. Acknowledgement Receipt Number: 114523, Date: 04-08-2010

    They have sent the refund to my old address, and the same is returned to the tambaram office on 09-01-2012. For this i have attached online statement.

    And then i have submitted a request letter with my current address proof to tambaram office on 27-03-2012. I waited for some time with no response from the income tax office.

    After that i have sent a complaint to IT Ombudsman on 21-05-2012, For this i got a reply from Ombudsman on 28-05-2012 stating that i have to make a complaint to Joint Commissioner of Income Tax, Tambaram.

    After that i have submitted a written complaint to Joint Commissioner of Income Tax, Salary Range, Ward I-(1) on 13th of June 2012.

    Waited for a month with no response or reply or TDS refund, So Again i wrote a complaint to IT Ombudsman requesting for TDS refund.

    Answers i would like to know from you now

    1. Will the Ombudsman take my case this time, is there any chance to reject my complaint now, since i have approached him for the same reason before.

    2. If he rejects what should i do next?

    3. In my last letter to Ombudsman i didn’t mentioned that i need refund amount with interest. Will they send the refund with interest? If yes, then at what rate of Interest?

    4. I have mentioned that refund it directly to my account, and also provided my account details, can they send it directly to my account or not?

    Thanks in advance, i would like to know answers, please reply.

  28. PRADEEP says:

    Dear Sir, your articals are very helpful for me, I am filling my return for financial year 2011-12
     here i want to know one thing that in challan 280 I have ticked on regular assessment tax instead of filling self assessment tax , then Income tax department will consider it right or wrong type of payment. or what penalties will appeared for doing this? or I would be able to fill my return or not.

    please solve my problem asap.

    Thanks

  29. Yudhishthira says:

    My wife is working as a contractual faculty in a college. They get monthly salary. The college has not given Form 16 to them and instead gave form 16A. The TDS (@10%)  has been deducted under section 194J . Can I fill ITR1 and claim refund on the tax deducted.

  30. meenakshi sundaram says:

    We have paid service tax excess  to the tune of  Rs 2 lacs during May 2011. Under Sec 11B of Central excise Act we have to apply before one year.(Now it is almost 13 months)How to claim after one year ? What is the remedy ?

  31. rakesh shah says:

    i have a query pls help by clarifying

    if an assessee has paid 1 lac each in his own ppf account and in the ppf account of his two minor children (total 3 laks) and has claimed benefit of exemption under IT 80 c for his own account only i.e for 1 lac only
    Can post office deny interest in the accounts of his 2 minor chidlren

  32. James says:

    Title : 
    Is it possible to receive a huge amount from my foreign friend in my SBI bank a/c for real estate investment?

    Main Query:
    I am establishing partnership firm in India, it’s between me and my foreign friend who is Canadian citizen, we will deal in real estate in buying, selling, developing townships etc.
    In partnership firm, the taxes are 30% as we all know, remaining will be distributed among both of us.
    On the other hand, Because of trust factor and finding some investors for my foreign partner for their business we have reached to this level where my partner is even ready to transfer the amount in my personal bank account so no 30% taxes will be given in case if we buy property through my name using the money which w’d come in my personal account rather buying through firm name. We also know that foreigners can’t buy Property in India on their names so my partner is even ready if I buy property on my name. 
    So is it possible that i receive huge amount in my own SBI bank account so major properties can be buy using my name and rest in partnership firm name, at time of giving back the profit to my partner, i use my own bank account to transfer the funds to my partner so 30% taxes will be given only on those properties what w’d have been bought using firm name, 
    what documents can i show to the income tax department at time of receiving the huge amount from my partner and sending the profit money to my partner at the time of selling the properties?
    Can i show my partnership deed not only just for the prove of firm existence BUT also at the time of doing transaction from personal account, to prove we are genuine and doing these transactions for business purposes.
    Partnership deed has got all partnership clauses, also included my name, my partner name, Addresses and signature of both.
    Also, my real brother is NRI who is in Qatar (I am not NRI) who also has SBI NRI account, w’d it be ok to use his NRI account for receiving and sending money for my business transactions AND showing the same partnership deed which is on the stamp paper in case if i or my brother w’d be questioned, but problem is, NRI account belongs to my brother and partnership deed is between me and my foreign friend, Please suggest what to do?
    Looking forward to see reply, Thank you. 

    Email me at : [email protected]

  33. alpesh says:

    We are dealing in automatic and semi automatic packaging/strapping machines. we would like to know that what will be the import duty structure for HS code 84224000. Also can any one guide whether MRP based import duty will be applicable or else regular.

  34. Shashi Bhushan says:

    Dear Sir,
    I purchased a house registered on my wife name. But we have take housing loan on both names (self and wife’s name) . She is house wife and I am paying the EMI. Please let me know is there any way to claim the income tax benifit in this situation.
    Thanks

  35. SURENDER BISHT says:

    my client are submit the ITR a.y. 2009-10, and refund claim 160000/- approxment but his case are come in scrutiny and demand are Rs. 76645/- so we are letter in department this demand are dedected in our TDS refund amount but ITO are not dedect this amount .

  36. ESI PF CONSULTANTS IN DELHI 99 10 427 437 says:

    Harish Kumar & Company (HKC) is an ESIC & PF consultancy services provider company. We provide services for ESIC, PF, salary processing, and other allied labour Act. Although HKC is located at Delhi, we do not have any limit for providing our services for the labour law compliance. HKC is a fastest growing consulting firm for PF Act , ESI Act, salary processing, Minimum Wages Act, Labour Welfare Act, Bonus and Gratuity Act etc.

  37. kuldip says:

    My emplyoer is paying Provident Fund on Gross salary instead of Basic. And now our CA says the diffrence between (Gross salary and Basic salary) is taxable. Please advise is this coreect on not if not please help to get the supoort so that I can show them and get relief from Tax burden.

  38. sankar says:

    Dear sir,
    I had constructed a house in chennai by taking loan from LIC and availing the tax benefits. I almost repaid the loan. Now i am planning to take a flat with second loan in hyderabad, where i am staying. Is it possible for me to claim the tax exemption benefits or not for the second one. The tax exemption i got from my first loan was very less, but in case of second loan, its huge, so is it possible to close the first loan & claim the second one exemptions or continue the both. Please revert for my query.

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