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P.S.VISHWANATHAN

ONE OF MY DIRECTORS HAD FILED(WOMAN) HAD FILED HER RETURN FOR THE ASSESMENT YEAR 2006-07. Declaring her income as Rs.2,28,000.00 which also included capital gains(indexing) of Rs.83,000.00 . The tax was paid by her in normal rates as applicable to an individual.

During the assesment the income was arrived at Rs.2,91,971.00. Since special rates was imposed on capital gain,she was required to pay only Rs.7,600.00 as additional tax which was duly paid.

In the penalty proceedings however, the ITO HAS IMPOSED PENALTY OF RS.21,522.00 ON AN ADDITION OF RS.63841.00 (100% OF TAXSOUGHT TO BE EVADED ON THE ADDITION).
MY QUERY IS WHEN THE ADDITIONAL TAX ITSELF WAS RS.7,600.00 ON THE COMPLETION OF ASSESMENT SHOULD THE PENALTY ALSO NOT BE IMPOSED ON THIS TAX ONLY?

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CA S.IBRAHIM
01 June 2009 at 12:27

validity of tds certificate

An assessee has received his Form no 16 for TDS for contract after 1 year can he claim deduction? And if he receives this form after 2 year can he claim the deduction? What is the validity of this form?

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hiren

one of my client is servicing in china and head office of his employer is in dubai,he is getting salary from dubai by cheque sent to india and he get it deposited into an NRE A/c he is non resident last year, the question is whether his income will be chargeable to tax on the basis that his first receipt in india, please explain me by giving sec. reference, regards CA HIREN SHETH

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R. A. RAI.
01 June 2009 at 10:34

ITR forms

what is this UTN No. in ITR form AY 09-10

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ramesh
31 May 2009 at 15:28

capital gain

We are 3 brothers & 2 sisters. Our father purchased a ground for Rs.2500 and constructed house in 1977 and in 1995 additionally constructed a floor for Rs. 200000/-. He died in the year 1997 and we demolished the house and constructed 5 apartments in the year 2008 (October). Out of 5, we retained 3 flats for three brothers and sold the two flats to outsiders and utilised the consideration of Rs.2800000/- towards construction of all the 5 flats. Being allotted a small size flat I was compensated in cash to the tune of Rs.300000/-. Pl clarify what
is the capital gain tax on my part and if anything has to be paid, what is the last date for payment. - g.ramesh (rameshrohit65@gmail.com)

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Abhishek
30 May 2009 at 15:26

TDS u/s 195 - Translation Charges

Whether the charges payable for Translation charges (english to german)payable outside India, will fall under "Technical Services" for the purpose of TDS u/s 195 and if yes, what will be the tds rate for deduction ??

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Gopal
30 May 2009 at 14:12

Outstanding TDS

If outstanding TDS has not been deposited till last date of the financial year 2008-2009 (Now the last date 31st May 2009) then what is the option to pay this outstanding TDS amount to the account of Income Tax Department and how can avoid the disallow of expenses?

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Kalaivani RAvichandran
28 May 2009 at 13:40

TDS

Hi, Can u plz let me know whether excess payment of TDS made in last year can be adjusted against current year's short payment?

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Ankeet Vora
28 May 2009 at 12:28

TDS on Rent prepaid for a year

My client has paid rent of Rs 200000/- in advance for 2 years to a person amouting to Rs 100000/-p.a
{Rs 100000/-(08-09) + Rs 100000/-(09-10)}

1.Should he deduct TDS on this rent paid as it does not amount to Rs 120000/- p.a

2.But will he be liable to TDS on payment basis as it definetly crosses Rs 120000/- p.a

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