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I PCC Tax Exam analysis and solution to practical questions

Page no : 3

anuj (sdsdsd) (62 Points)
Replied 11 May 2011

sir..its a loophole ....d amt. forfeited(bayana) by d previous owner is not taxable becoz  d bare act clearly says dat d amt. forfeited by d assessee is taken in2 consideration n here d preceding owner is not d assessee...its a tool of tax planning


zahid (student) (38 Points)
Replied 11 May 2011

with respect to advance amout received and then refunded after due date it shall be taxable since the amount is refunded after due date of service tax... the amount shall be taxable and the service tax thereupon shall be refunded to the credit of the Central Govt.

 

Where any amount has been recieved as service tax which ought to not to be received it shall be transferred to the credit of the central govt....

 

hence the amount of service tax charged shall be refunded to the credit of the central govt 


zahid (student) (38 Points)
Replied 11 May 2011

transfer by way of gift is not regarded as transfer.. hence the LTCG with respect to Question no.1(a) does not arise....

with respect to all others there is only STCG/L...

views expressed are my own......


anuj (sdsdsd) (62 Points)
Replied 11 May 2011

and in 1(a)  sir y is cost of acquisition nil in d third case???i guess i got dat 1 wrong..so just askin


anuj (sdsdsd) (62 Points)
Replied 11 May 2011

Originally posted by : zahid

transfer by way of gift is not regarded as transfer.. hence the LTCG with respect to Question no.1(a) does not arise....

with respect to all others there is only STCG/L...

views expressed are my own......

y is d third case stcg asper ur opinion???i dont reely know its answer so m just rechekin myself



zahid (student) (38 Points)
Replied 11 May 2011

advance recieved from prospective employers for conducting campus interviews in colleges shall be taxable since  its supply of manpower  and service tax is charged on amount received.... so ur solution to q.1(c) is wrong


anuj (sdsdsd) (62 Points)
Replied 11 May 2011

in 2(a)(i) although ur answer is correct but d reason seems wrong ....d reason is dat technical fees has been paid 2 an nr whose services were used in a business or proffesion in india...hence its not a case of business connenction but a case of technical fees


zahid (student) (38 Points)
Replied 11 May 2011

Originally posted by : anuj




Originally posted by : zahid






transfer by way of gift is not regarded as transfer.. hence the LTCG with respect to Question no.1(a) does not arise....

with respect to all others there is only STCG/L...

views expressed are my own......






y is d third case stcg asper ur opinion???i dont reely know its answer so m just rechekin myself

stcg in other cases is because period of holding does not exceed 12 moths


anuj (sdsdsd) (62 Points)
Replied 11 May 2011

in 2(a)(ii) i have an opinion dat paymnet 2 opq college will b subject 2 100% deduction since its not approved....


anuj (sdsdsd) (62 Points)
Replied 11 May 2011

Originally posted by : zahid




Originally posted by : anuj









Originally posted by : zahid






transfer by way of gift is not regarded as transfer.. hence the LTCG with respect to Question no.1(a) does not arise....

with respect to all others there is only STCG/L...

views expressed are my own......






y is d third case stcg asper ur opinion???i dont reely know its answer so m just rechekin myself






stcg in other cases is because period of holding does not exceed 12 moths

dude...but in d third case...d poh exceeds 12 months i guess...its d original shares...dey werre held fr more dan 12 months



zahid (student) (38 Points)
Replied 11 May 2011

with regard to q.2(a)ii... scientific expenditure to OPQ College does not qualify for 175% scince it is not an approved college as nper the question... hence ur answer is wrong.....

and above all the deductoion is not calculated in the manner u have depicited... if 35lakh is weighted amount 20lakh shall be deducted from 35 and that amount is available for deduction


anuj (sdsdsd) (62 Points)
Replied 11 May 2011

Originally posted by : zahid

with regard to q.2(a)ii... scientific expenditure to OPQ College does not qualify for 175% scince it is not an approved college as nper the question... hence ur answer is wrong.....

and above all the deductoion is not calculated in the manner u have depicited... if 35lakh is weighted amount 20lakh shall be deducted from 35 and that amount is available for deduction

no buddy....dat's correct d deduction available is actually 175% not 75 %


zahid (student) (38 Points)
Replied 11 May 2011

sir interest on capital as per my opinion is income from other sources... 


zahid (student) (38 Points)
Replied 11 May 2011

Originally posted by : anuj




Originally posted by : zahid






with regard to q.2(a)ii... scientific expenditure to OPQ College does not qualify for 175% scince it is not an approved college as nper the question...  





no buddy....dat's correct d deduction available is actually 175% not 75 %

brother 175% is available for approved scientific researcg institutes only as per sec 35.....



anuj (sdsdsd) (62 Points)
Replied 11 May 2011

in 3 (a) intrest on capital will b added only 2 d extent of 120000 rs as only 12% deduction is available 2 a partnership firm ....but u ve added 150000



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