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dilip phatak
23 January 2018 at 21:06

Senior citizen savings limit

Senior citizens can invest Rs1500000/- in Post office Senior citizen savings account.Nationalised banks also accepts deposits upto RS 1500000/- Can one senior citizen invest in both institutions


Nupur Sharma

Hi All!

A client of mine invested in a housing project and had paid most part of the cost of the flat after taking loan from bank. The housng project however could not be completed and the builder failed to deliver the completed flat to the client.
Letter of allotment however was issued to him at the initial level itself while entereing into the agreement.
My client and others filed a case in court and after about 7-8 years, the court issued orders that the cost of the property along with interest at 8% p.a. be returned to my client and others like him by the builder. So, my client received a big lump sum amount which included original cost of the flat plus interest for all the years together.

My query is that how should this amount be treated for taxability in his Income tax return?

- Should the total amount be taxed in the year of receipt as revenue receipt or should this be treated as capital receipt?

- Should I ignore the cost of flat part and just show te interest part as income?

- What should be the tax treatment of this interest part- revenue income or is this a capital receipt since it is related to a capital asset.

- Should not this interest part be bifurcated over all the years to which it relates and then taxed in the return of each such year thereby reducing the tax burden on my client?

There was a court case also which can be applied here, some experts have pointed this out on the caclubindia forum earlier:-

- https://www.caclubindia.com/forum/will-compensation-received-from-builder-attract-cgas-377748.asp

- https://home.kpmg.com/content/dam/kpmg/pdf/2014/01/Subhas-Chandra-Parmanandka.pdf

Would request all members and experts to help me out here.

Thanks in Advance!


SHIVA SINGLA
23 January 2018 at 18:27

Regarding e way bill

QUERY
IN CASE BILL; TO AND "SHIP TO"PARTIES ARE DIFFERENT THEN HOW CAN E WAY BILL AND INVOICES BE GENERATED IN ORDER TO KEEP THE IDENTITY OF ACTUAL SELLER AND RECIPIENT CONFIDENTIAL TO MAINTENE THE BUSINESS.
EG; MR A (SELLER) BILLS TO MR B(BUYER) ON WHOSE INSTRUCTIONS GOODS ARE SHIPPED TO MR. C (RECIPIENT) NOW IN THIS CASE HOW THE E WY BILL AND INVOICES ARE TO BE GENERATED IN ORDER TO KEEP MR. A AND MR. C IDENTITY CONFIDENTIAL SO THE BUSINESS IS NOT EFFECTED.
KINDLY ,REVERT ASAP.
THANKS


Rasmi Ranjan Moharana
23 January 2018 at 18:24

Income tax return

My Income of Source is Salary, Capital Gain(equity shares), LIC Commission & Flipkart India Commission.

Please suggest me which ITR, I Should file for financial Year 2017-2018



CA Mayur Todmal
23 January 2018 at 18:12

Company having only additional director

Dear All
Company had 2 directors ( A & B). Company appoint one additional director (C) on 21/02/2017.
Company hold EGM and altered Name & MOA filed MGT 14.
On 15/04/2017 A resign.
On 15/05/2017 company appointed D as additional director.
20/05/2017 B resign.
Now as from 20/05/2017 onward company had only two additional director.
How company can hold AGM and pass resolution at AGM as additional director holds office till date of AGM.
Please advise what is the best course of action.


RAHUL WADHWANI

Dear Sir/Mam Plz tell me is there any change in gst rate on service of reparing, installing, servicing etc of machenical goods after 25th gst council.. tell me the current GST rate ..


venkatesh kumar
23 January 2018 at 18:02

Input tax credit

Sir,
Whether Input Tax Credit is available for Motor Vehicle Insurance which on the firm name. It is used firm purpose only.


TARIQUE RIZVI
23 January 2018 at 17:46

Ay 2017-18

We have sold property in Dec 2016 capital gain tax has been fully paid in March 2017. The related Ay is 2017-18. Somebody has told me that the due date was 31st July 2017 for the said IT Return. Till what date the said return should be filed so that there should not be attracted any penalty on filing of the said return.


NASEEMUNNISA BEGUM
23 January 2018 at 17:43

Disa

Hi, If any one have project report relating to DISA course kindly share the same.



Anonymous

Sir,
I want to know the legal provisions relating to requirement of filing of IT returns a religious trust registered u/s 12A. Also whehter building construction fund received is taxable or not?



Thanks in advance.







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