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PAN- Frequently asked Questions

  29 Aug 2007   0 comment
1. What Is PAN? Permanent Account Number (PAN) is a ten-digit alphanumeric number, issued in the form of a laminated card, by the Income Tax Department. Why Is It Necessary To Have PAN? It is mandatory to quote PAN on return of income, all correspondence with any income tax authority. From 1 January 2005 it will be mandatory to quote PA...
Posted Under: Income Tax |

Losses Abroad to Reduce Taxable Income in India

  29 Aug 2007   1 comment
An Indian company engaged in computer software business set up a trading office in Japan. The company's Japan branch suffered loss, which it claimed as deduction from profits earned in India. The assessing officer, however, held that since the profits of the trading office are taxable in Japan only, any loss incurred by the firm in respec...
Posted Under: Income Tax |

Line of Judicial Thinking on CBDT’s Instructions for dealing with Revenue Audit Objections

  29 Aug 2007   0 comment
Central Board of Direct Taxes (CBDT) has recently issued Instruction (Income Tax) No. 9/2006, dated 7th November, 2006 (157 Taxman St.23/16 CAPJ St. 739) covering all aspects of procedure to be followed for conduct of revenue audit and also for dealing with audit objections including remedial actions to be taken by the departmental author...
Posted Under: Income Tax |

Marginal relief for borderline cases from an additional tax liability that goes beyond the income in excess of Rs 10 lakh

  29 Aug 2007   0 comment
The Government has come to the rescue of high net worth individuals on the borderline from an additional tax liability that goes beyond the income in excess of Rs 10 lakh. By way of a rule of thumb, the financial world condescends to grant the hallowed status of high net worth (HNW) individuals on those with assets of Rs 5 crore and more....
Posted Under: Income Tax |

Companies should deduct TDS on director loans

  29 Aug 2007   0 comment
The Supreme Court has ruled that the companies have statutory obligation to deduct tax at sources (TDS) on interest payments for the loans taken in the name of its directors. The revenue department is empowered to impose interest on such a company for not deducting tax by declaring it assessee in default, the apex court said....
Posted Under: Income Tax |

Interest Income from investment in banks not entitled to deduction U/s 80IA

  29 Aug 2007   0 comment
Gross total income in Chapter VI-A means the total income computed in accordance with the provisions of the Act before making any deduction under the said Chapter VI-A. Thus, the only deductions which are excluded by that definition are those under Chapter VI-A. More importantly the total income has to be computed in accordance with the p...
Posted Under: Income Tax |

No demand on tax deductor if deductee has discharged tax obligation – Supreme Court

  24 Aug 2007   0 comment
YOU are liable to deduct TDS. By a mistaken understanding, you deduct less TDS than what was required to be deducted. However the deductee pays the correct Income Tax. Can the Department demand the TDS again from you? Logic would say, NO, but logic and tax don't always go together and you need the Supreme Court to tell you that on the sam...
Posted Under: Income Tax |

When Tax become debt and due- SC Judgement

  24 Aug 2007   0 comment
Tax can be recovered only when it becomes debt due from assessee and it becomes a debt due when notice of demand is served - tax recovery officer cannot file claim against property attached by court : SC ...
Posted Under: Income Tax |

Capital gains tax – Application of Sec 2(47) is valid only if conditions of Transfer of Property act are satisfied

  21 Aug 2007   0 comment
Court noted that basic requirement of Sec.53A of TPA is a written agreement and Sec.2(47)(v) can be invoked only if conditions laid out in Sec.53A are fulfilled. In the instant case there was neither any written agreement between the Assessee and builder nor any consideration received by her thus 53A of TPA can't come into play as a resul...
Posted Under: Income Tax |

Representative Assessee cannot be taxed if NRI can be assessed independently

  21 Aug 2007   0 comment
TAXING a non-resident has always been challenging, and wherever possible the law has provided adequate safeguard for the Revenue. That is how Sec 163 came into being. The issue here is: If a non-resident is assessed independently, can its agent in India be also assessed as Representative Assessee for the same income u/s 163?...
Posted Under: Income Tax |

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