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Taxation of Private Trust & Tax Planning

March 14, 2014 225345 Views 28 comments Print

1. Types of private trusts for the purpose of return filing. 2. Type of return for private trusts for efiling/manual filing 3. Tax rate applicable for trusts mentioned above. 4. Is PAN mandatory for private trusts? How to obtain PAN for private trust? 5. How to calculate tax in the case of private specific trusts and whether more than 1 return has to be filed, in the case of multiple beneficiaries, by the trustee(s)?

For exemption u/s. 54F approval of building plan is not necessary

March 12, 2014 6035 Views 0 comment Print

The Hon’ble Chennai ITAT has in the case of B.Sivasubramanian,v/s ITO has held that there is no condition in the provisions of SEC 54F of the I.T Act,1961 that warrants that the building plan of the residential house constructed should be approved by the Municipal Corporation or any other competent authority.

For availing exemption u/s. 54F approval of building plan is not necessary

March 12, 2014 6158 Views 1 comment Print

The provisions of section 54F mandates the construction of a residential house, within the period specified. However, there is no condition that the building plan of the residential house constructed should be approved by the Municipal Corporation or any other competent authority. If any person constructs a house without approval of building plan, he will be raising construction at his own risk and cost. As far as for availing exemption u/s.54F, approval of building plan is not necessary.

Due date’ U/s. 54F is due date for filing return U/s. 139(1) and not U/s. 139(4)

March 7, 2014 8248 Views 0 comment Print

A bare reading of section 54F clearly shows that the assessee is entitled for exemption in case he / she constructs a residential house within a period of three years after the sale of the capital asset. However, sub clause (4) of section 54F clearly says that the unutilized portion of the net sale consideration which is otherwise liable for capital gain tax shall be deposited in the capital gain account scheme within the period of due date for filing return of income u/s 139.

TDS – C3 and C9 Corrections – Points to consider

February 24, 2014 56809 Views 3 comments Print

Following are some useful information to adhere before submitting Corrections, with special reference to C3 & C9:   What are C3 & C9 Corrections?     C3 Correction involves Updation  or Addition of Deductee details in the TDS statement.  The facility to delete Deductee records has now been discontinued for the purpose of correct reporting […]

Changes in Service Tax, Excise Duty and Custom Duty – Interim Union Budget 2014-15

February 18, 2014 33705 Views 4 comments Print

Highlights of Interim Union Budget 2014-15 The Hon’ble Finance Minister P. Chidambaram presented the Interim Budget for the fiscal year 2014-15 on Monday, February 17, 2014 to cover expenditure until the Government’s term ends in May, 2014. While presenting the Interim Budget 2014 in Parliament, the Hon’ble Minister proposed no major changes in tax laws. […]

S. 43B applies only to Statutory liability not to contractual liability

February 12, 2014 6368 Views 0 comment Print

Section 43B applies only in cases of statutory liability. By virtue of the said section, a statutory liability is not deductable in the year in which it accrues if the same remains unpaid. A deduction with respect to a statutory liability is allowed only on payment of the same.

SC dismisses SLP – Disallowance of reimbursement of expenses to agents U/s. 40(a)(ia)

February 9, 2014 7408 Views 0 comment Print

Supreme Court (SC) dismisses Special Leave Petition (SLP) in the case of CIT Vs. Gujarat Narmada Valley Fertilizers Company Ltd. filed against decision of Gujarat High Court which upheld the order of Income Tax Appellate Tribunal holding

Amendment to Auditor’s Report Format Under the Companies Act

February 8, 2014 17176 Views 0 comment Print

Announcement 1 : Manner of Reporting on Section 227(3)(bb) of the Companies Act, 1956. Announcement 2 : Reference to the Accounting Standards Applicable to the Companies in the Auditor’s Report and Limited Review Reports and various Engagement Standards. Announcement 3 : Amendment to the “Auditor’s Responsibility” Paragraph Included in the Independent Auditor’s Report. Announcement 4 […]

AS-7 is applicable to a “Contractor” and not to a “Developer”

February 8, 2014 7560 Views 0 comment Print

Brief facts of the case are that assessee is engaged in the business of sale/purchase of TDR, income by way of stallage and construction activity. During the assessment proceedings AO found that assessee had received advanced booking amount on account of the construction activity

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