EASYOFFICE
EASYOFFICE
EASYOFFICE


Navdeep Mahajan
30 November 2007 at 14:20

IT provisions pertaining to Notice pay

Please guide me to appreciate the following wrt to the supramentioned subject
1. My employer is not adjusting Rs. 2 lacs i.e. the amount it has recovered from me in lieu of notice pay, in my tax computation. It contends that the same cannot be adjusted against the salary income accrued to me as per the terms of the employment. It says that the amount has been adjusted against the leave encashment and the salary for the month of Sept,07 in which i worked with them.

I have the following to submit as per the income tax act salary is defined as "
salary is the remuneration received by or accruing to an individual periodically for service rendered as a result of an express or implied contract".

Accordingly net inflows against the contract of employment is what should be brought under the ambit of tax and the total salary paid net of notice pay received should be used for tax computation. To simplyfy my observation, I want your opinion for a scenario where the employment contract outlines for a payment of 2 months basic pay to an employee in case he achieves his objectives by the end of the year otherwise the employee is responsible for paying 2 months basic pay to the company. In my opinion in the above scenario salary will be adjusted with 2 months basic pay in both scenarios i.e. in case of payment by employer it'll be added in the tax compuation of the employee and vice versa. Please help me because i am getting hugely impacted due to this stance of my employer.

2. Further, i want to check with you that will there be any difference in tax for me in case my present employer pays the notice period directly to my previous employer.

Many thanks for your thoughtful advise.


DHAVAL
30 November 2007 at 12:50

Additional Depriciation is allowed or not

Our cliant is going to start a business of Oil Exporting, for this thay are purchasing a machinery of rs. 5000000 but our business will be set up after 2 or 3 year, can we claimed additional dep.?

If yes than in which year?


G.SUNILKUMAR
30 November 2007 at 11:29

Incometaxquery

During the course of I.T.Asst.proceedings, if AO issues summons to third parties for confirming the transaction and such third parties fail to respond to summons, what shall be the stand of the assessee on account of failure on part of third parties


Arun
30 November 2007 at 09:01

Transfer Pricing

Dear All,

Thanks for your support extended to me.
Further i required clarification regarding Transfer pricing. Can any give me an idea that is there any change in the eligibility of Turnover to take up the scrutiny assessment by Transfer Pricing Officer.(TPO). (Previousely scrutiny will be taken up by the TPO if the Turnover of a company exceeds Rs.5 Cr.) Please Clarify .

Rgds
Arun.P


susan
29 November 2007 at 16:21

Rent - 194I

A rent agreement contains Rs.15000 as rent + Rs.10000 as maintance charges + Rs.5000 as car parking & generator charges to be paid to the licensor. Is there any provision not to deduct tax on maintenance & car parking


CA,CS Robin Sojrani
29 November 2007 at 16:06

Query in section 40(a)(ia)

If tax is deducted at source where it is not required to be deducted as per the provisions of Chapter XVII-B, but subsequently the tax is not deposited to the credit of Govt, whether the expense should be disallowed u/s 40(a)(ia).


susan

My friend is from Assam having a salary below Rs. 3000. He wants a PAN card as he does not have any proof of his staying in Mumbai. If after receiving PAN is it compulsory to file return


Rajen Pandya
29 November 2007 at 11:41

Treatment of Depreciation

Hi,

Wanted to understand the provisions of INCOME TAX ACT for depreciation in following situation:

If we have purchased any asset, and it is ready to use, but it is not put to use, whether the depreciation should be charged on the same?

For eg., our company has purchased a licenced software to be used in new product. The software cost will be depreciated in the due course.

The product in which it is to be used is under developement, and not yet ready. Hence, the software can also not be used till the time the product is ready.

In such a situation, what is the depreciation treatement for the software licence cost?

Regards,
Rajen


GEETA BHAGWAT
29 November 2007 at 09:40

TDS ON FLEX PRINTING PAYMENT

IS IT NECESSARY TO DEDUCT TAX IN CASE CLIENT GIVES PAYMENT OF FLEX PRIENTING WORK,WHERE PRIENTING MATERIAL IS NOT BELONG TO CLIENT?


Debasish Mohanty
28 November 2007 at 23:28

Food Coupons

What is the monthly exemption limit for food coupons or foods provided in side the business premises to the employees?
Is the expenes taxable under FBT for the employer?
Regards,
Debasish.