Kamal Jhawar
06 November 2009 at 12:41

cash sale

Dear Sir,
The AO intends to treat total cash sale as bogus and wants to add it under sec 68 as unexplained cash. We have already shown it as income in our books and have produced sales tax returns for the same. The sales are for AY 07-08 and the purchasers were not found by the AO item being iron & steel. Now he intends to disallow sale and add back the same u/s 68 and also to increase the stock by that value. The stock details show the actual movement of the stock but as the unit is a trading unit and not registered under excise, the records are not accepted as genuine by the AO. AO has also verified the stock statement from the Bank which has given CC limit tothe assessee and has foung it to be in agreement with the books. He still wants to add double the amount of cash sale, once as stock and other as unexplained cash.
What remedy is available to the assessee??
Please provide reference of case laws if any.

Answer now

Barots
05 November 2009 at 10:51

Turnover in respect of share speculation

Can any body plz tell me as to what is meant by turnover in respect of share speculation business, is it the sale value or the net profit/loss on such transctions?

Answer now

Pavan Kumar Gupta
04 November 2009 at 14:38

wct

R/ Sir,

i want to know about WCT ,
1. IN WHICH CONDITION IT IS ACCLIBLE
2. WHAT RATES OF IT
2. WHAT IS PROCESS OF FILLING WCT ,E FILLING

desperately waiting for your reply.

Best Regards

Answer now


Anonymous
03 November 2009 at 19:17

CAPITAL GAINS

MY FRIEND PURCHASED LAND IN 1992. IN 2008 ENTERED INTO DEVELOPMENT AGREEMENT WITH SHARE OF50 -50. TOTAL NO OF FLATS 14 AND LANDOWNER SHARE 7 FLATS.

MY QUERY IS HOW TO CALCULATE THE CAPITAL GAINS. LANDOWNER WANTS TO KEEP 2 FLATS HIMSELF AND BALANCE FIVE ( 5 ) TO SELL.
WHAT IS THE SYSTEM TO CALCULATE THE CAPITAL GAINS.
PLEASE LET ME ADVICE THE CALCULATION OF CAPITAL GAINS TAX ON SALE OF FLATS / LAND DEVELOPMENT.
WHETHER LAND OWNER TO INCORPORATE THE VALUE OF CONSTRUCTION FOR 5 FLATS OR NOT.

Answer now

SHANTANU SHARMA
03 November 2009 at 12:48

deduction of TDS inclusive of service tax

Hello everybody,
i am auditing a public co. the client use to deduct TDS amount exclusive of service tax.
But as far as i know they should include service tax for deducting TDS.
please help me out also give reference of any circular/notification which will be useful
thankyou

Answer now

CA skmnair
02 November 2009 at 22:53

Taxability of ESOP - urgent

A Company allotted Restricted Stock Units (Under ESOP) to its employees, with a lock in period of 5 years. Now that FBT is abolished and these stock units are to be treated as remuneration and is to be taxed in the hands of the employees, the question arises at what point of time does the taxability of these units arise,
a) On the vesting of the options with the Employees or
b) On the ultimate delivery of the shares to the employees after lock in period.

There was no benefit and the value of the benefit was unascertainable at the time the options were vested/exercised.

In CIT vs. Infosys Technologies Ltd. (2007) it was decided that since the benefit of the options which arose on the date of vesting/exercising was only a notional benefit & during the lock in period the possession of the shares remained with the employer & it was not possible for the employee to know the future value of the shares allotted to him on the day he exercises option, this could not be treated as a benefit & TDS need not be deducted.

But this is a case law held before the FBT regime came into force.
I would like to know if I can keep this case law as the basis & postpone my tax liability or is there another dimension to this. Kindly share your valuable opinion.


Answer now

rajesh
31 October 2009 at 10:01

TDS DEDUCT ON INTEREST PAID TO COMPANY

DEAR ALL

IF TDS IS DEDUCT ON INTEREST PAID TO COMPANY WHICH BOOK OF ENTRIES IS PASSED AND IN TEREST IS INDIRECT INCOME AND TDS IS WHICH TYPE OF EXP I.E DIRECT OR CURRENT ASSET

PLEASE TELL

THANKS IN ADVANCE

Answer now

Varsha R.Bansal
30 October 2009 at 16:13

TDS on Reimbursement of Exp

Dear All,

Pls let me know with reasoning whether Tds is deductible in case we reimburse any Exp.

Eg: Freight Exp.

Even in case of Reimbursement?

But Sir, here were does the contract for frieght exist between us and our vendor? Just the party has raised debit note on us for the same.Pls can you explain me from where does the provision of TDS becomes applicable in such case?

Pls let me make the case more clear.
The vendor has supplied us some material and freight exp in relation to the same is reimbursed by us to our vendor who in turn will pay the same to transport Co.

But here our vendor is sending us material, and we are paying them freight which they will pass on to transport co.

Answer now

dev
29 October 2009 at 14:52

Circular No. 7 dt. 22/10/2009

According to Circular no. 7 dt. 22/10/2009, CBDT had withdrawn Circular No. 23 dt. 23/07/1969. Is withdrawl of Circular No. 23 applicable from immediate effect? Kindly let me know that if any indian company pays commission on exports to a foreign agent, does the liability of TDS arises on the Indian Company as per the circular as the liability of same was not there earlier as per Section 9 of the i.T.Act.

Answer now

seenivasa varathan

Dear Sirs,

What is the impact of this circular?

Circular No. 7/2009 [F. No. 500/135/2007-FTD-I], dated 22-10-2009

The payment of commission on export orders to Non Residents abroad are exempt vide Circular no.786 dt.7.2.2000. Now it is withdrawn by IT dept.

Please clarify

Thanks in advance

Varathan

Answer now