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One of our client has entered into a sale agreement (without giving possession)to sell a site for Rs.10 lacs and received advance of Rs.2 lacs with a condition that the balance has to be paid at the time of registration and the registration has to be done on or before 2 months from the date of sale agreement. Rs.10 lacs is also the value fixed by the stamp valuation authority on the date of sale agreement. But the valuation authority has increased the rate to Rs.20 lacs by the time of registration and the stamp duty is paid by the buyer on rs.20 lacs. The seller has received the balance Rs.8 lacs at the time of registration.The seller has paid the long term capital gain taking the consideration as Rs.10 lacs. The case is selected for scrutiny. Now the ITO has raised a tax demand taking the sale consideration as Rs.20 lacs as per Section 50C? Is there any way out for the client to argue that the sale consideartion has to be taken as Rs.10 lacs instead of Rs.20 lacs? Are there any case laws on the above subject?
This Query has 5 replies
One of our client has entered into a sale agreement (without giving possession)to sell a site for Rs.10 lacs and received advance of Rs.2 lacs with a condition that the balance has to be paid at the time of registration and the registration has to be done on or before 2 months from the date of sale agreement. Rs.10 lacs is also the value fixed by the stamp valuation authority on the date of sale agreement. But the valuation authority has increased the rate to Rs.20 lacs by the time of registration and the stamp duty is paid by the buyer on rs.20 lacs. The seller has received the balance Rs.8 lacs at the time of registration.The seller has paid the long term capital gain taking the consideration as Rs.10 lacs. The case is selected for scrutiny. Now the ITO has raised a tax demand taking the sale consideration as Rs.20 lacs as per Section 50C? Is there any way out for the client to argue that the sale consideartion has to be taken as Rs.10 lacs instead of Rs.20 lacs? Are there any case laws on the above subject?
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please explain Me About Foregone of salary
if It is possible then mail at
sanket_ca_shah@yahoo.com
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Employee is residing in USA. We are paying salary from India. He is incurring local travel expenses there and send us the bill for reimbursement.Can our company have to pay FBT on these expenses which are incurred in USA?
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I m in construction industry.we receive advance against booking from customer on booking a space on our Mall.Is there any contravention of Law ,If any party directly deposit booking amount in company`s bank account.we obtain all documents eg PAN card etc.
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Dear Seniors
Our Client is having their own Approved Gratuity Trust set up.
As per their Internal proces they pay gratuity to resignees even they have not completed the 5 years of Service.
Will such gratuity will qualify for tax exemption under section 10(10)(ii) or 10(10)(iii).
Kidnly help me out so that I can advise them.
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Dear Sir,
I Have the following Queries
1) When a partnership firm has a Slump Sale on 01/4/07 with a Private Limited Company. Whether the partnership firm has to file the Income Tax Return for the F.Y. 2007-2008.No business activity is being carried on after 31/03/07.The firm has been dissolved immediately after slump sale i.e with effect from 01/04/2007
2) Whether in the above case the Partnership firm has to Surrender the PAN Card on account of Slump Sale if Yes than what is the Procedure
Regards
Ravi Kiran
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Hi All
Pls Explain to me In Form No. 3CD Explanation of Point No. 21.
wht this point say to us.
if any body know this please also explain to me.
if possible than mail to me at catarungirdhar@gmail.com
Thanks in Advance
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Mr. X has alloted TAN No. He is deducting TDS on Brockarage Commisiion paid by him once in the month of May since last two years. He paid the TDS in Central Govt. a/c in time but did not filed any Return. What will be his liabilities?
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What is the TDS rate on Brokerage on shares, Brokerage on Mutual Fund, Interest on FD ?
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
clarification regarding section 50C