Incase of T.D.S. has been deposited by the assessee inleau of E payment , whether the assessee will be deemed to default in payment of t.d.s or he will get the credit of the same. what is the remady available to the Act. Kindly advise .
A.K. Dokania

CAN U TELL HOW TDS HAS TO BE CALCULATED ON WITHDRAWAL OF PF IN CASE WHERE EMPLOYEE HAS NOT COMPLETED 5 YRS OF SERVICE

I just want to ask if I am paying Technical Assistance fees to Some XYZ Co.having their H.O.(based) in Japan then do I have to deuct TDS ? If yes then what will be the perentage and under what section I have to deduct and how to file TDS return for that?

I have 2 queries -
1. We had appointed a company in Japan ((as Protective Assayer)to do sampling and analysis of our cargoes which was being discharged at a port in China. Now, we need to remit fees to the protective assayer in Japan from India. Do we need to deduct TDS? FYI, none of the companies in India who are in similar trade deduct TDS.

2. When we sell goods on FOB terms to a company in China, the ship (vessel) is brought in India by the Buyer (in this case a Chinese company). For any demurrage on the vessel i.e. demurrage payable for delays in loading, do we need to deduct TDS?

Due to oversightness in TDS payment double payment has made for TDS on rent in last financial year . During F.Y. 2008-09 payment has already made for TDS on 7th March 2009 for February month, but the same payment has again made on 7th May 2009.

Kindly suggest how we can adjust the same in our books of accounts and claim refund for excess payment of TDS.

Dear All

How to Calculate interst on TDS,

If my TDS payable for the month of April Rs 149286/- Due Date 07/05/2009

Paid on 15/05/2009

We have entered into an agreement with London based Company who provided us a software from which we can get the information of the Forex Market of the London. We pay some amount in every month. We deduct tax as per DTAA agreement with UK but now the Company says that Tax is not applicable to them and ask us to remit the full amount without deduction of Tax.

Please advice whether Tax applicable or not.

Is it necessary that the new residential property bought should be in India? If it is purchased in Foreign Country,Exemption allowable or not?

All the other conditions fulfilled.

Please Reply. Advance Thanks..

Manikandan.A.V

Suppose a person books a house,which is under construction and the possession will be given in DEC. 2010. There is an agreement to sell. (Down payment for booking being Rs 4 lacs).

Now, till DEC. 2010, the person stays in a flat from 1st April 2009 to 30th Nov.2010, which is hired by him (rent being Rs.10,000 /- p.m.) and the company pays Rs.12,000/-. p.m. as HRA.

Loan from bank (Rs 24 lacs) is taken on 1st Oct. 2009 @ 10% p.a.

1) How the Total Income will be computed for A.Ys. 09-10 and 10-11 ? (Assume salary is Rs. 35,000/- p.m.).

2) Also, if in the case of the flat taken on rent, the deposit amount of Rs.30,000/- and rent is paid in cash, can the benefit be claimed in IT (is it sufficient to show the agreement) ?

Sir,

As per sec 40(a)(ia)

Any interest, commission or brokerage, rent,royalty,fees for professional services or fees for technical services or contract money which is PAYABLE, to a resident
on which tax is deductible at source under Chapter XVII B and such tax has not been deducted or, after deduction, has not been paid during the pervious year, or in subsequent year before the expiry of the time precribed under section200(1), shall be disallowed as a deduction in computing the income from business or profession.

My quary is that if the expenses is actully paid during the financail year without deducting Tds then also Sec 40(a)(ia) is applicable.