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Employees’ contribution towards PF & ESI – Allowed if paid before due date of filing return

August 8, 2012 67197 Views 4 comments Print

Deduction of payment of employees’ contribution towards provident fund and ESI cannot be disallowed under section 43B, if paid before the due date of filing the return. ACIT Vs. M/s. Shakti Bhog Foods Pvt. Ltd.

No penalty for quoting wrong PAN if caused by negligence of deductee

August 7, 2012 4003 Views 0 comment Print

In the instant case, the ITO(TDS) while going through the quarterly return in Form No.26Q, filed by the assessee noted that it has omitted to quote PAN/had quoted invalid PAN in 196 cases. As regards the reasonable cause,it was pleaded on behalf of the assessee that TDS was deducted and deposited in time in government Treasury. The default is only with regard to the wrong quoting of PAN of 196 of the deductees, such deductees quoted wrong PAN.

What is to be done if you get NULL error, while uploading the xml file of ITR

August 7, 2012 65064 Views 1 comment Print

This particular problem happens when there is slow internet connection or network congestion, as the XML is file is not read completely and henceforth > it throws exception stating to upload proper XML. Trying after sometime may resolve this problem. Kindly follow the following steps : Set the Internet Explorer settings to Low. Go to Control Panel — Java — General — Settings Uncheck the “Keep Temporary Files on my computer” and click the “Delete Files” button and press OK.

Income from providing services to tenants is taxable as business income

August 7, 2012 3356 Views 0 comment Print

The issue whether a particular let out is business or earning rental income by the owner of the premises has to be decided in the facts and circumstances of each case. Therefore, so far as the rental income for the let out premises owned by the assessee is concerned, the issue is settled by the Supreme Court in various decisions and it has been held that the income realized by such owner by way of rental income from a building, whether commercial building or residential, is assessable under the head ‘income from house property’.

Solution for error ‘Cannot read the xml file’ occurring while uploading ITR XML File

August 7, 2012 14412 Views 0 comment Print

I have saved the xml file in my computer but while uploading system is giving the error “Cannot read the xml file? What should I do ? Ans. Kindly set the Internet Explorer Security Settings to Low as per following steps :a) In case of windows professional/vista, thenGo to Control Panel — Java — General —Settings Kindly uncheck the „Keep Temporary Files on my computer “and click the „Delete Files‟button and press OK. Close your existing browser and open a new browser.

Service Tax – Place of Provision of Service Rules – Analysis

August 6, 2012 21054 Views 9 comments Print

The negative list of taxing services has hailed complexities in determination of the jurisdiction of the statute for taxation of services. The emphasis for taxing services is on the provision of services in the taxable territory. However, due to the inherent nature of service arrangements, it is not easy to determine the place where services have been provided. The components of a service transaction, being the place of performance, delivery and actual consumption could all be at different locations and pose challenges in determining the place of provision of service for determining the jurisdiction of the service tax law.

Inconsistencies in ITR which need to be avoided for accurate processing of I-T Return

August 6, 2012 1377 Views 0 comment Print

Data Inconsistency issues which need to be avoided for accurate processing. 1. Set off of brought forward loss claimed, but Schedules BFLA / CFL not filled ……. Year of loss not indicated in CFL. 2. Profit before tax (at serial No. 43 of Sch. P & L Account) differs from Profit from business at serial 1 of Sch. B P 3. Depreciation claimed in Sch. BP – but Sch. DEP / DPM / DOA not filled in / Depreciation debited in Sch. P & L Account not added back in Sl. 11 of Sch. BP. 4. Special benefit for female claimed – Gender in PAN database is Male.

Income Tax Refund,Demand, No refund No demand – FAQ

August 6, 2012 16581 Views 6 comments Print

[r 1] In this Article we have dealt with Question related to income Tax Refund i.e. 1) Necessary data necessities required in order to get the Refund through Cheque 2) Basic data required all the validations to get the Refund through ECS? 3) What should I do, if my Refund is failed due to change in my Communication Address? 4) Within how many days I will get my refund after updating the new address in the E-Portal? 5) What should I do, if my Refund is failed due to error in Ac number or Change in the Ac details? 6) Mandatory points to be noted while sending a Response Sheet.

Six Rules to distinguish share gains as LTCG/STCG vs. business profits

August 5, 2012 2961 Views 0 comment Print

[a] The first test is whether the initial acquisition of the subject matter of transaction was with the intention of dealing in the item, or with a view to finding an investment. If the transaction, since the inception, appears to be impressed with the character of a commercial transaction entered into with a view to earn profit, it would furnish a valuable guideline.

Reason for non matching of CPC intimation with Income tax Return Filed

August 4, 2012 10226 Views 0 comment Print

1. Salary income shown at higher figure than entered – In Salary Schedule higher figure is reported under Gross salary which should be excluding Exempt income (such as transport allowance etc). Taxpayer may have mentioned Transport allowance in Exempt Income and may have deducted the same to arrive at a lower net figure in the final calculation. However, the Exempt income is to be mentioned only for reporting purposes and should not be used in any calculation.

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