Dear Friends..
Kindly advice for the query stated below asap…

A resident company has given advertisement contract to nonresident company in US. The nonresident company shall put up the advertisement on its site. Is the company while making payment supposed to deduct TDS? If yes at what rate and under what Article of DTAA between US & India shall be applicable.
The above shall not fall u/s 194 C as its for payments to resident…
If reference of sec 9 is taken then dilemma is that it shall fall under 9(1)(vi) or 9(1)(vii)(b)…

Reply awaited...

My client holding NRI Status(UK citizen). He has having a PAN. He sale one plot situated in india to Indian Resident. Sale proceed received in Indian Rupees and deposited in NRO Account. He wants to repatriate the sale proceeds to UK.

My question is :

Whether fund tr to NRO A/c to NRE A/c is permissible?

Whether 15CA form to be filled up.
If yes, then the information of remitter and beneficier of remitter are the same person?

Whether he required to deposit the tax in his PAN right now and assessed to Income tax Dept.? Then the question of 15CA form filling is arise or not?

Whether he can invest the some proceeds in Mutual Funds or indian equities ?

A Trust has filed its returns only till the year ended 31.03.2002 (AY 2002-2003). Now it wants to file for the subsequent years up to 31.03.2009 (AY 2009-2010). The Trust has not much transactions and the receipts for any year never exceeded Rs 50,000. Can the IT Returns be filed for 7 years now? What are the Forms to be used for various Assessment Years (like Form 3 or 3A or ITR 7 for the last two years)? Is any approval required from CIT / DCIT for filing 7 years together? What is the solution available?

Please guide me.

My mail is raghuraman_279_in@yahoo.com.

Thank You.

Dear All,
Is the consideration received from sale of TDR liable to capital gains?
If yes, what is the cost of acquisition?
a)Nil
b)Purchase cost of land
c)?

What if the seller (of TDR) continues to be the owner of the land?
Thanx & Regards,
Niki

Suppose X is a director, the company by virtue of the terms of agreement pays directly the mediclaim premium to GIC. Is it taxable in the hands of employee and can he claim section 80D deduction or it is a business expenditure of the company?

Suppose, y is an employee who pays the mediclaim premium and submit the receipt for reimbursement to the company. Will it be taxable in his hand? Can he claim section 80D benefit?

Is TDS is to be deducted on tne bill of a building contractor in vat is included and no service tax is charged seperately

I received some amount from my PF withdrawal acount from earlier employer(TRust fund).They deducted TDS 30.9%.

Where can i show this PF withdrawal amount in ITR 2? for eg ( Salary(which head), Income from other sources)?

are interest from US 64 Bond and RBI Bond tax free

is it possible to submit audit report prior to submission of return?

thanks

As per Section 372A (8)(c) of Companies act, holding companies can lend to wholly owned subsidiaries with out any restrictions contained in Section 372A. When an Indian Holding company lends to its wholly owned foreign susbsidiary without charging any interest, transfer pricing regulations under IT Act would be applicable. In such case, what interest rate could be be considered as Arms Length Price for such transaction ?
Normally this test has to be done considering this question --- would the borrower be eligible to avail similar credit lines from an unrelated lender on identical terms and conditions ? The answer to this question would be NO, in respect of case of holding company loan to subsidiary.
In such case what could be the benchmark rate to be treated as ALP. Can one take an argument that considering Comparable Uncontrolled Price (CUP) Method , the interest rate charged by any other holding company to its wholly owned subsidiary as the benchmark ALP. Considering the fact that there could be many holding companies lending to foreign subsidiaries at ZERO interest rate, can such ZERO rate be considered as benchmark ALP for lending between holding and subsidiary company ?
Any answers from colleagues in CA fraternity ?