TH
12 May 2009 at 14:50

Money lending and Loan

Dear Sir,

A company is into money lending business. however it lends money to its subsidiary company without charging any interest. My query is that is it possible for the company to lend money/ advance loan to its subsidiary without charging any interest? What will be the legal implications for this?

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Ravinder
12 May 2009 at 12:35

Applicablity of serivce tax

Is service tax applicable for Advertising agencies. they shouls apply service tax.what if they provide recuritment service also. is there any limit of the same.

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Anu
11 May 2009 at 20:52

Sponser in UK

Hi

How does one find sponser in UK / Dubai

regards,

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Pankaj Gulati
11 May 2009 at 17:53

Gift vs No Gift

My client sold a piece of land for Rs. 2 lac to her husband. Both are happily married and the same was not a consideration to live apart.

The circle rate of the land was Rs. 15 lac. The ITO after applying section 50C added Rs. 13 lac in the income of assessee and initiated penalty proceedings u/s 271(1)(c).

My client always remained under the bonafide belief the she is making a gift to her husband (which is apparent from the value of consideration).

That it will be not out of place to add here that instead of executing a clear ‘Gift Deed’, she executed a ‘Sale Deed’. It was a technical lapse but my client still rely on the legal opinion and judgment of the Hon’ble High Court that ‘a Sale Deed executed for an inadequate consideration shall be a deemed gift’. Merely because a Sale Deed has been executed, it does not take away the character of the transaction as gift. In this context reliance was placed on the judgment of the Karnataka High Court in the case of Sanjeev V Kudwa vs CIT (1981) 127 ITR page 354

She remained under the bonafide belief that exemption u/s 47(iii) of The Income Tax Act is available to her which excludes Capital Gain on transfer of property under a gift.

My question:
1) Is the ITO right in adding 13 lac to the assessee’s income ?
2) Is he right in initiating penalty proceedings u/s 271(1)(c) ? (keeping in mind that she never hide or furnished inaccurate particulars of her income as the same was disclosed in detail by way of note in the computation of income in Form 2D for the assessment year 2006-07).

…thanx

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Anirban Mitra
11 May 2009 at 12:43

Reimbursement of actual exp.

Let, there are 2 firms-A & B. B is collecting some Professional fees from a third party. While the service is provided to that (3rd) party jointly by A & B. Since the 3rd party is paying the bill amount to B only, A is raising bill on B against its own portion of fees. It was previously agreed that 60% of total professional fees collected from the 3rd party will be payable to A inclusive of reimbursement of expenses if any. For the time being A has made some Expenses on behalf of B (such as boarding, lodging,etc.)and the reimbursement of the same is included in that 60% amount.
My questions are-
i) is the agreement forming any "pure Agent"-principal relationship, if yes-How?
ii)If no, should A collect Service tax on the gross amount(i.e.60%)or amount after deducting the actual reimbursement? Please refer applicable Sec./Rule/Notification/Cases if any.

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jermy
11 May 2009 at 02:53

CA Articleship

hiiiii

my name is Jermy Gunaseelan & i've cleared my PE-2 examination with 53% & nw m finding a good firm in mumbai & Thane for articleship.

so kindly sent me list of all good firms in mumbai & Thane with tel. no. address & e-mail id.

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J SREEKUMAR
10 May 2009 at 22:21

SERVICE TAX & WORKS CONTRACT TAX

I had booked a flat in 2006 with a reputed builder. Towards this an agreement for construction and agreement for sell was executed. The payments were made as per the schedule of the builder. The UDS was registered in my Name while 85% of the construction was completed. Now the builder is refusing to handover the key as i have refused to pay service tax & works contract tax of totalling 4.04% of the construction cost.

Pls inform whether ST & WCT is payable by me as Allottee? If not, how to get the key as I have paid entire consideration of the flat.

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Rave Erd

Sold the very old assets of the firm, it comes a loss as per WDV. Can be adjusted in firm business income.

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CA-ASPIRANT
09 May 2009 at 12:29

DTAA with America

let me know the tax implication in following case.

my client is providing clearing & forwarding services in india and also getting cleared & forwarded by clearing & forwarding companies outside india.

Situation :
My client got a consignment cleared from custom by an american clearing & forwarding company.
the american company raised a bill for providing service in america but my client credited his account for the bill amount but did not pay in monetary form because there was mutual agreement that my client will provide ticket whenever american company's employee comes in india.
the american company employee came and my client provided ticket and debited his account for the cost of ticket.

Please suggest me tax implication keeping in view DTAA with America.

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Priya.M
09 May 2009 at 11:52

Convocation

Hi,
I cleared CA Final in Nov '08 and applied for membership in March. Also I got to know my M.No. over phone.
Can I get the membership certificate in the convocation to be held on 21st June? Or, can I get only the pass certificate over the counter?
Pls. clarify.

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