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Om   23 March 2018 at 13:15

C form

I have done some CST sales against the c form condition with the buyer. As per then law of the state I had paid purchase tax on the goods purchased. A that time the purchase tax was 4% and the CST was also 4% . But latter unfortunatley few of my buyers failed to provide me c form due to closer of their business and some started blackmailing me to provide me c form only if I make any additional discounts etc. Now my local sales tax office demanding the c form and even served notices for attachment of my bank account. I have paid our state's tax and sold against the buyer's cst waybill. It is also confirmed that my buyer has paid the tax in his state and reflected the transactions in their return. The department of Sales tax has sent me a notice to pay the tax amount on balance due of C form @ rate of 8% . And after the complaining the higher authority has reduced the tax to @ 4% on the balance amount of the C form transactions. Now my queries on two following points

I) where as I had already paid the tax while purchasing the goods to the originating state then how can the same state will collect the tax again on the goods. That’s mean the double taxation on the same goods. Once I had paid @ 4% tax while purchasing and again pay tax @4% towards CST

. ii) Secondly, in some cases the department collects the sales tax when the dealer failed to provide the C form. The usual practice is that the department calculates the amount of tax as per the state’s tax rate and adjust the amount already paid towards the CST. The dealer has to pay the deference amount. In most of the cases the CST rate of tax is much lower than the state’s rate of tax. But in my case both the State’s rate of tax and the CST rate of tax i.e. 4% are same. Then how much the tax I should pay towards the CST now.

I had raised the issue with some advocates but unfortunately got difference of opinion. I heard about this Lawyers Club India Forum. I will be highly obliged to get the proper guidance in regards to the afro said matter from the best mind of the trade.
Thanking you and with Warm Regards

Anonymous   21 March 2018 at 23:04

Huf account for tax benefit

Hi.

I have an annual income of 11 lacs from salary and till date savings of Rs. 25 lacs which earns an interest of 1.5 lacs annually through fixed deposits. However because the tax slab applicable for me is 30%, I end up paying tax of 45 thousand every year on my income from FD. We are a Hindu family and eligible to open an HUF account. I also understand that if I open an HUF account and show the FD income in that account my tax liability will reduce.

However I have the following queries:

1. Do I need to transfer the saving of 25 lacs in the HUF account (created on the new HUF PAN card) ? Or can i only take the interest income is HUF bank account without moving my savings to HUF account?
You may choose not to answer this one as I can find it out from the bank. But if you have any idea please share your thoughts.

2. In case If I transfer my savings to HUF account as gift, can I take it back from HUF account to my personal savings account (may be to buy a property or such a big expense) without paying any tax? Or will it be considered as income in my personal bank account and I will be liable to pay tax for such a transfer from huf to personal account?

Any help on this is appreciated. Thank you in advance

Tribhuwan Pratap Gupta   21 March 2018 at 16:26

Capital gain tax

Weather if I deposit my sell consideration in saving bank account and go for purchase for another property within next six months Did I am not required to go for opening of Capital Gain Account.
Weather I have to purchase another property from entire sale proceed or fromindexed capital gain and can use remaing amount for any other purpose ?

shankar   19 March 2018 at 22:14

Medical reimbursement under Taxation effect

We r a govt organisation having own dispensary... Apart from this employee s are also reimbursed against doctor prescribed medicines purchased outside... This runs into 6000 a month.. sometimes fake also... This is not shown in IT calculation. Can someone help me with this... Whether reimbursement in excess of 15000/_ is taxable.. we have credit facility for inpatient.... Whether this also to be considered....

Dr. Shekhar   15 March 2018 at 09:34

Capital gains

I acquired the property in year 2000 for 6 lac.
And sold in FY 2017-18 for 120 lac. The circle rate is 62 lac and the valuation as per Regd. Valuer is 70 lacs.
Can 1 consider the cost of acqn as 70 lac.?

And capital gain of 50 lac ( 120-70)

sagar Rao   13 March 2018 at 20:04

Service tax on land owner share of flats

SIR/MADAM,
LAND OWNER ENTERED DEVELOPMENT AGREEMENT WITH DEVELOPER IN JUNE 2012 FOR CONSTRUCTION OF COMMERCIAL COMPLEX IN SHARING RATIO OF 50:50 AND TAKEN MUNICIPAL PERMISSION IN MARCH 2014, SOLD ALL UNITS OF BOTH LAND OWNER & DEVELOPER SHARE OF UNITS AFTER GETTING OCCUPANCY CERTIFICATE IN THE YEAR 2015.
MY QUERY IS, SERVICE TAX IS PAYABLE ON THE LAND OWNER SHARE OF UNITS ARE NOT,
AS LIABILITY TO PAY THE TAX IS APPLICABLE UP TO FIVE YEARS ONLY. SO IN THESE CASE FIVE YEARS COMES FORM JUNE 2012 TO MAY 2017, OR FROM COMMENCE OF THE WORK I,E MUNICIPAL PERMISSION TAKEN IN THE MARCH 2014, IN THESE CASE FIVE YEARS COMES FORM MARCH 2014 TO FEBRUARY 2019 PLEASE INFORM FOR WHICH I AM THANK FULL TO YOU

Anonymous   11 March 2018 at 14:11

Tax help request

Sir,
I have left my job in 2015. My income is now only from income from other source and below Rs.2.5 lac including my wife's saving interest but I would like to file tax. My query is: 1. How to show my wife's income and pan number in the ITR form. 2. Could my wife file ITR separately as she earn by stichting cloth without clubbing in my income. 3. I have purchased share of a unlisted company 3 years back, now it is listed. I have sold the share now in the market. What is the tax treatment on income gain on shares.
Help me and guid.
Yours faithfully,
Ajay Kumar Lal

SANAM KUMAR SAHOO   11 March 2018 at 01:45

Savings account transcation

If the transaction in my account exceeds 26lakhs for a savings account then what will be the amount of tax i need to pay?

Govinda Raju   09 March 2018 at 12:08

Income tax on leave encashment

I am a retired person from Karnataka power transmission corporation limited which is Govt of Karnataka undertaking. At the time of retirement I got leave encashment of about Rs 15 Lakhs. I retired in Feb2014. At the time of retirement no income tax was deducted as the organisation was Karnataka Electricity Board earlier. After unbundling different companies were formed and KPTCL is one copany.
Now income tax authoroties have issued notice to KPTCL that its employees has to pay income tax on leave encashment above Rs 3 lakhs , KPTCL has started recovering tax from pension of the employees.
It is stated that the Government employees are fully exempted from paying tax on leave encashment as per income tax rules and other employees have to pay tax on leave encashment above Rs 3 lakhs.
Is it not discrimination between employees.
Can this rule can be challenged.

Anonymous   07 March 2018 at 18:43

Time limitation for filling tax evasion petition


Now they claim they gave so much dowry which is not true and they do not have any source of such income.
If I want to file a Tax Evasion petition against some one how long the time limitation for that incident? like 10 yrs 20 yrs etc or no time limit?