Deepak Patel

A person Indian Citizen having PAN. First time went out of India on 02/12/2020 on employment visa. He is selling his residential flat located in India on 05/05/2021 for Rs.1.25 cr which was purchased in 2015 for Rs.1.30 cr (LTCG is NIL) out of his taxable income earned in India and bank finance. Buyer want to deduct TDS u/s 195 @23.92% instead of 1% u/s sec 194IA. saying that a person is employed in foreign country on employment visa. Will he get nil deduction certificate u/s 195(3) or lower deduction u/s 197 .Question is that a person's status is R&OR or R&NOR or NR as on date of sales of residential flat . He has filed all his Income tax return till assessment year 2020-21 in India. Question to determine is that he is still R&OR (stay182 days or more in foreign country , previous 10 years in India, more than 729 days in India in preceding 7 Years, more than 365 days in India preceding four years in India F.Y 2017-18 to 2020-21). Which section to apply for tds 194IA or 195 ,Please comment.


sakshi gandhi
26 April 2021 at 19:49

Incorporation spice partB

In case of resubmitting Spice+PartB if we want to change the subscriubers how can we do that???


Mahabir Prasad Agarwal

Rs.7.00 Lac was taken by me from one of my close relative vide Bank cheque during FY 2019-2020,which was shown by me as Advance received. and the payer showed it as Advance paid . Whether the said advance received may be shown by me as Gift received during FY 2021-22 as agreed by the payer ?


abhijit majumder
26 April 2021 at 14:46

TDS Rate under section 194C

To
The Fellow experts
During the FY 2020-2021(precisely between January 2021 to March,2021) a Contractor (Say 'Mr X') provide certain service to our Company the value of which is more than Rs.3 Lakhs.

But he submitted his bill for payment in April,20, 2021 for the entire amount.(No payment was made to him during January 2021 to March,2021).

At what rate his TDS U/s 194C will be Charged on Mr X(Being an individual) ie .75%(For FY 2020-2021) or 1%(For FY 2021-2022)?
Regards
Abhijit Majumder


MAKARAND DAMLE
26 April 2021 at 14:23

GST on Export Invoices

Assessee is handling ships of Foreign Resident Owners. Assessee raises invoices on foreign owners with IGST @ 18%
It comes under Exports with Payment of Tax.
On certain expenses like Transportation GST rate is 5 %
In such case while raising invoice for transportation on foreign owners IGST will be charges @ 5% or 18% ?

Also whether assessee should file online LUT from GST Portal ?




Gopal Bhosle
26 April 2021 at 12:56

TCS AO SALES

Sir,

we charged TCS @ 0.075% on sale invoices Mr X whose sales crossed >50 lac in FY 20-21.

My query is shall we charge 0.1% on Mr. X sales because sale exceed >50 lac in previous year or we should charge only after >50 lac sales in the Fy 2021-22.

Plz clarify


sachin Alwadhi

Hi

There is couple of queries regarding TDS Returns

1) Person(Individual) with pan no taken Tan no two year before but neither deducted any tds nor filed any tds returns so far.Is there any consequency for not filing tds returns with nil value?

2) Partnership firm with Tan no paid and filed quarterly return for two quarter and for next two quarter firm has not done business and even not deducted tds amount so far and not filed tds returns.So question is whether firm need to file nil tds returns for next two quarters for which firm didnt do any business.Is there any conseuency for not filing nil tds returns?

Thanks in advance


harshit darji
26 April 2021 at 10:29

SALE OF PROPERTY(SHOP)

I have sold the property on 30 Lacs in 2020 which one is purchased in 1994 at 1.5 lacs.now my Accountant Forgot to show property in 2019-20 p.y return.and E campaign show the 30 lacs sold value.
what to do next..
as of now i am unable to revise the return. so could i show this in 20-21 return???


Amit KK
26 April 2021 at 09:56

NRI status case

Hi,

Came across this very interesting situation. A person was employed in Saudi Arabia from 1st April 2020 to 28 June 2020 (89 days) with a work visa and residency, and all. He continued to stay in Saudi Arabia until 10 Sep 2020 (~163 days), and then returned to India. After that, he left for Nepal, where he stayed for 15 days (through airport, so he has the stamps), followed by 15 days in Maldives in the same financial year.

Is he an NRI during FY 2020-21? Thanks!


Mohamed Fazil
25 April 2021 at 22:42

Income tax-

Dear Sir,

For example,
I am a ltd company. i have deducted ESI from employees side rs. 2,250 and employer side of rs.9750 and i have deducted TDS from suppliers and employees totalling of rs. 50.000.

Please note that, When i file income tax return at end, can i take anything from the above mentioned as deduction from the income tax payable?


Please can you explain me briefly.





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