This Query has 2 replies
I seek clarification regarding the applicability of reversal of Agriculture Infrastructure and Development Cess (AIDC) in cases where an Export Oriented Unit (EOU) clears finished goods to the Domestic Tariff Area (DTA).
The relevant statutory provisions and the CBIC's interpretation are as follows:
1. Statutory Background:
• Imports/Procurements by EOU are exempt from BCD under Notification No. 52/2003-Customs, dated 31.03.2003 (as amended).
• The AIDC exemption is granted under Notification No. 11/2021-Customs, dated 01.02.2021 (Sr. No. 19), which is conditional on the BCD exemption being "claimed and allowed" under Notification No. 52/2003.
2. CBIC Clarification (Circular No. 07/2021-Customs, dated 22.02.2021):
• The Circular's Deeming Provision (Para 1.2) clarifies that when an EOU clears finished goods into the DTA by paying the foregone BCD, "it is treated as if no exemption of BCD was allowed to the EOU under notification no. 52/2003-Cus dated 31.03.2003."
3. Accordingly, since the BCD exemption stands deemed to be withdrawn at the time of DTA clearance, the consequential exemption from AIDC on the inputs also stands withdrawn, implying that the EOU is required to reverse/pay AIDC..
My query is
Whether for DTA clearances of finished goods, the EOU is mandatorily required to reverse/pay both the Basic Customs Duty (BCD) and the Agriculture Infrastructure and Development Cess (AIDC) that were foregone on the inputs utilized in the manufacture of such goods.
This Query has 5 replies
The employer has not provided for gratuity in books of accounts. What are the consequences under different laws including companies act
This Query has 3 replies
A person who was born in India but now staying outside India wants to buy residential property in India. To be specific, currently the person does not have OCI status as well (in process). He has a NRE bank account in India. The queries are as follows:
(a) Fund transfer - Can the person transfer funds from a foreign bank account to NRE bank account for payment for the property? Are there any issues or considerations?
(b) Tax implications upon sale of property?
(c) The person already has a house property in India which he will transfer and invest that amount also in the new house property. Will he be eligible for capital gain tax exemption under section 54 of the Act?
This Query has 5 replies
My friend having Salary Income being Adivasi (Buyer) has gone through Registered Agreement for Purchasing Agriculture Land (Part) from Adivasi 4 joint Holder (Seller) for Agriculture Purpose only.
The Registered Agreement Sale Value is made for Rs. 29 Lakh. But as per Ready Reckoner Value of this Land is workout to be Rs. 70 Lakh, and it is Mandatory as per Govt of Maharashtra Adivasi Rule to Pay Full amount of Rs.70 lakhs to Sellers Bank a/cs, only then Sale Deed will be Executed. The mandatary NOC from Distt. Collector for Purchasing Agriculture land from Adivasi to Adivasi (Both Seller and Buyer Adivasi) has been obtained.
Buyer has arranged Rs. 29 Lakh as own Contribution (Including Personal Loan etc,) and Additional amount of Rs. 41 lakhs will be arranged from Friends and Relatives, by way of Cheques.
My query is what is the Legal way, the Buyer will get Refund of Excess amount of Rs. 41 lakhs from Sellers by way of Cheques/ Cash in his favor or Friends and Relatives so that their Contribution can be refunded.
What are Tax Implications on Buyers Side in 26AS SFT information, is there any Capital Gain/Exemption of Agriculture Income, and how to show these Financial Transaction in his Income Tax Return FY-2025-26. Also is there any Income tax implication on Friends/Relatives to issue cheques in Buyers Name and get Refund (Received Cheques) from Sellers. What is the Tax implication of Excess Amount of Sale Deed Value on the part of Sellers side, who are Poor Adivasi Farmers having Pan Card.
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Sirs,
I paid TCS for Rs.10,233/ for foreign travel in 2024 and filed ITR-1 for refund ( AY25-26). The TCS payment has been reflected in my acknowledgemnt and 26AS and also in Form No.27D of the remitter as paid on15/10/2024. However, I received intimation u/s143(1) with no demand/refund giving details as" Form 26AS does not contain amount of TCS with respect to the TAN mentioned in schedule TDS1/TDS2/TCS". I noted in this report the date of deductiion is mentioned as 2023 instead of 2024.
I filed a rectifincation report for re-processing but again I received intimation u/s154 mentioning the same
report with error year of deduction as 2023 instead of 2024. Now I filed a grievance almost 2 weeksago but no action till date. Kindly advise me further course of action.
Thanks.
This Query has 1 replies
Do we need to deduct TDS for non employees who are not employed with the company but just got their referal earnings as they refered people to use a platform. like one usecase is they might be users of platform but they get referal money when they refer their friends right.
This Query has 3 replies
Our import goods ship landing at Bombay sea port.
Then after warehousing this goods 1 to 2 days.
Further this goods despatch to Gujrat, Rajasthan, Haryana, Maharashtra,Utterpradesh to our distinct branches.
But we inward all this goods notionally in the books of Maharashtra, & other than Maharashtra we show notionally outward this goods in the books of accounts.
But actually we directly despatch this goods from Bombay sea port to above state other than Maharashtra.
In this situation can Gst registration required for temporary warehouse. Warehouse is change in each time. In Maharashtra, & other all state we have taken gst registration.
Question - is warehouse registration or intimation required to give Department.
This Query has 3 replies
Hi,
Our query is there is an employee who is currently joining us. His previous employer was deducting compliances such as PF - ESIC, but now he has joined us but do not want to get deducted any compliance (PF-ESIC).
Can we do this, confirm what steps to follow.
This Query has 2 replies
If we give cash salary to the person above 30,000 for particular month and PF ESI is not deducted then we can prove the salary expense?
This Query has 1 replies
A charitable trust running a school is granted exemption under section 12 for five years till assessment year 26-27. The trust is required to file renewal of registration before 30th September 2025 but the trust has not filed for renewal so far. Is there any extension for filing for renewal of registration under section 12A. Can it file now with a condonation petition. The experts please give the details to be followed.
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Clarification regarding reversal of AIDC along with BCD on DTA sale by EOUs