AO HAS DENIED CREDIT FOR TDS IN THE RETURN OF INCOME OF PARTNER OF THE FIRM ON THE BASIS THAT THE RELATED INCOME WAS NOT OFFERRED TO TAX.THE FACT REMAINS THAT THE ASSESSEE PARTNER(INDIVIDUAL) OF A PROFESSIONAL FIRM CLAIMED CREDIT FOR TDS ON AUDIT FEE RECEIVED FROM A GOVERNMENT COMPANY WITH WHOM THE AGREEMENT WAS IN THE NAME OF THE PARTNER AND NOT ON THE FIRM'S NAME. FEE CHEQUES WERE RECEIVED FROM THE CLIENT IN THE NAME OF THE PARTNER AND THE FEE WAS ACCOUNTED AND OFFERRED TO TAX BY THE FIRM IN IT'S BOOKS OF ACCOUNTS BY DEBITING THAT PARTNER'S CAPITAL ACCOUNT FOR TDS AMOUNT AND RECEIVING THE NET FEE BACK FROM THE PARTNER'S BANIKING ACCOUNT.

THIS PRACTICE WAS FOLLOWED FOR SEVERAL YEARS SINCE AY 2004-05 AND WAS ACCEPTED BY THE ITD AND RESULTANT REFUND IF ANY WAS ISSUED TO THE ASSESSEE PARTNER.HOWEVER
IN RELATION TO AY 2006-07 , THE AO DENIED THE CREDIT OF TDS ON THE GROUND MENTIONED ABOVE AND A RESULTANT DEMAND WAS MADE.

THE QUERIST SEEKS YOU OPINION ON THE PRACTICE FOLLOWED BY THE FIRM AND THE PARTNER IN THEIR RESPECTIVE RETURNS AND THE MANNER IN WHICH HE SHOULD PROCEED FURTHER IN HIS APPEAL.

Please mention amendments in form 3cb & form 3cd my mail id sudhagarr_0198@yahoo.co.in

Dear Sir,

Can a person transfer it's Property not fully but part of property after a long time about to 35 to 40 years is liable to capital gain ?

if there is a four partner of property than How will capital gain calculated?

is there any provision for regarding exemption of such capital gain?

The Property is in the nature of Office Building

pls. give me advise and my emil id is aranpara_ca@yahoo.co.in

Hope your reply

Thanks

Can anybody suggest me the procedure of deducting TDS on Salary

Is HRA or investment in LIC are the part of computation of TDS on salary

kindly give me your valuable suggestion as soon as possible,
thank you

How to calculate relief u/s 89 with examples
If any format please forward me

Dear Sir,

In this case the lease payments are made towards the car under operating lease scheme
The steps followed for the same by the company are:
1. Request for the car placed by the employee.
2. The authorized person approves for the same and the car is taken from Sundaram Finance on Operating Lease.
3. The amount paid towards the same is deducted from the concerned employees’ CTC
4. Treatment of the same transactions in the company:

As operating expenses for the company.
The company is paying FBT on the same.

However the same is nowhere reflected in the salary of the employee.

Doubts:

Since the amount is deducted from the CTC shouldn’t it form a part of salary???

If so the TDS liability on salary of this amount would come into picture.

Please clarify if FBT is applicable or TDS?????

sir
we have a partnership firm which do not carry on any transaction of sale or purchase during the year but we have incurred many expenditure.In this situation whether busness shall be deemed to have continued in the PY 05-06 for the purpose of setting off capital gain(S.Term)against business loss(Expenditure) U/S 71 as we have Short term Capital gain of Rs.250,000/- and business loss is Rs.300,000/(PY 2005-06).whether we can set-off Capital gain against Business loss or we have to Income Tax on capital gain.

how to calculate HRA working

what is the service tax rate for tours n travels business? And it should be levied on actual service charges claimed or not?

PLS ADVICE IN CASE WHERE A INDIAN HOLDING COMPANY ISSUE SHARES TO EMPLOYEE OF INDIAN SUBSIDIARY COMPANY UNDER THE ESOP SCHEME.

WHICH COMPANY WILL LIABLE TO FBT. IF SUBSIDIARY THEN WHY AND IF HOLDING THEN WHY.

PLEASE GIVE THE REFERENCE OF CIRCULAR IF ANY