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SUBHASH SHARMA   18 August 2010 at 15:16

CONSIGNMENT SALE

ONE OF MY CLINET AB LIMITED WHO IS DEALING WITH TRADING OF GENSET HAVING FACTOR CUM OFFICE AT SAHIBABAD, UP. THE DG SET WAS DESPATCHED IN 1990-1991 BY THIRD PARTY “HIND LTD” WEST BANGAL SINCE IT WAS CONSIGNMENT SALE. WHILE TRANSPORING THE DG SET FROM THIRD PARTY WHEN IT WAS ENTERED IN UP. MOHAND NAGAR CHECK POST DETAINED THE CONSIGNMENT ON THE BASIS THAT THE DRIVER DID NOT SHOW THE CONSIGNMENT NOTE TO THE CHECK POST AUTHORITY.

AB LTD ALREADY RECD THE PAYMENT OF THE SAME D.G. SET IN THE YEAR OF 1989-90 BY RAISING PROFORMA INVOICE AND C-FORM WAS ALSO GIVEN BY THE NTPC INCLUDING OF THIS TRANSACTION IN THE YEAR 1989-90.

SINCE AB LTD RECD C-FORM IN THE YEAR 1989-90 SHOWN THIS TRANSACTION IN THE YEAR 1989-90 AND GOT THE ASSESSMENT DONE BY SHOWING THIS TRANSACTION AS SIT SALE.

AS CHECK POST CASE OF 1990-1991 WAS STILL ALIVE AND MOHAN NAGAR CHECK POST TREATED THIS TRANSACTION AS LOCAL SALE IN THE YEAR 1990-1991.

AB LTD FILED AN APPEAL WITH ADDNL COMMISSIONER AND LATER ON TRABUNAL, GHZAIABD AND TRIBUNAL ORDERED TO TREAT THIS TRANSACTION IN THE YEAR 1990-1991.

NOW C-FORM FOR THIS PARTICULAR TRANSACTION IS BEING DEMANDED BY THE SALES TAX AUTHORITY FO THE YEAR 1990-1991 WHILE AB LTD HAS ALREADY DEPOSITED THE C-FORM TO THE ASSESSING AUTHORITY AT THE TIME OF ASSESSMENT.

CAN C-FORM FOR THE YEAR 1990-1991 BE ISSUED FOR THIS PARTICULAR TRANSACTION.

NTPC HAS ALSO COMPLETED THE ASSESSMENT OF 1989-90 AND 1990-91.

KINDLY ADVISE.

REGARS

SUBHAHS SHARMA
ADVOCATE

KAVITA PARAS VOA   10 August 2010 at 09:44

excise e return query


in excise e return purchase enter as per form 2 or as per stock please indicate correct way of e return method

Anonymous   06 August 2010 at 10:56

tax exemption infrastructure projects

Dear Sirs,

The company is engaged interalia in road construction,buildings in an outside india(Overseas projects)
The questions is as follows:
1. Is thare any tax holiday/exemptions/sp rates for the infrastucture export companies.
2.Is there any custom duty exemption available for the import of used machinery and under what provisions.
3.Is there any special packages for the workers returning from the overseas projects-exemptions from the customs duty -limits for the personal items,easy money transfer system.
please advice.
many thanks in advance



Anonymous   04 August 2010 at 18:22

Profession Tax


Respected Sir,

Kindly provide the latest slab rate of

Profession Tax.

Regards

C. R. Mhalgi

vivek   30 July 2010 at 18:42

Stock transfer

Stock transfer from one state to another st

Need clarification regarding excise duty amount & vat
(1)We are having our manufacturing unit in AP and transfer the finished goods from AP to Chennai under Stock transfer invoice with basic(99)+excise duty (10.3%)=total (109.19).
(2)we are billing from chennai to our local customer with basic(inclusive of ED)ie Rs.109.19 + vat @4%=Rs.113.56.
(3) Whether the basic price can be changed from chennai billing ?
(4) we are doing only vat billing from chennai.

vivek   30 July 2010 at 18:24

FDI

Query regarding FDI through NRE Bank A/c.

Dear Experts,

Query regarding FDI through NRE Bank A/c.

A is a Non Resident Indian, currently residing in Germany.

A proposes to subscribe for Equity Shares in Indian Company, registered office in Chennai.

A has NRE bank a/c wth HDFC Bank in Mumbai.

A proposes to transfer funds from NRE bank a/c to the company's bank account towards subscription of equity shares.

Query

1. Whether funds from NRE bank a/c of NRI shall be treated as Foreign Direct Investment ?

Ans : ...............................


2. If so, whether the company (upon receipt of Subscription amount) is required to file the necessary forms through Authorised Dealer I Category Bank
to RBI for the purpose of 30 days reporting (along with KYC) and also Form FC-GPR (on allotment of shares to NRI) ?

Ans : ...............................

3. Any other compliances to be done by the company on receipt of funds from NRE bank account of NRI.


Ans : ...............................

4. Whether the Chennai Bank shall treat the funds received through NRE A/c HDFC Bank, Mumbai as Foreign Inward Remittance and issue Foreign Inward Remittance Certificate ?

Ans : ...............................

I shall request the Experts to share their experiences on the said queries.

Thanks for all concerned.

Anonymous   27 July 2010 at 21:13

VAT Bihar

Kindly suggest me that if a dealer permitted tax under BIHAR VAT act 15 as compounding @ 0.5% of sales up to 40 lakhs in the financial year 2009-10 if he has holding stock on 31.03.10 Rs 350000/- and he purchased the goods @ 12.5 paid tax on the purchase during above financial year he will file the return on regular basis Is he claim the the ITC on Opening stock for this quarter.
Kidly suggest me . and give me your mobile no for more details.

Anonymous   20 July 2010 at 13:43

TDS on club sbscription.

IS TDS is decuctable on the monthly subscription paid to club by a company for emplyee.

if yes then under which section and what will be TDS Rate

NITIN   17 July 2010 at 10:54

TDS u/s 195

Our's is a limited company. We are making payments through credit card in foreing exchange for accessing certain sites in USA. The server is in USA.

It is monthly and /or yearly subscription charges paid for accessing the site.
If I go on a particular site, I will view the contents of the site broadly.But, if I want certain specific
information then I need to pay for it.

Are we liable to deduct TDS?

Jagmohan Rawat   15 July 2010 at 11:44

DTAA

Pls let me know if a resident assessee has worked in Newzealand for 4 months then is there any method how his salary earned abroad should be valued here in in India for shown the same in the Income tax return. I am facing the problem that if i convert the earning in Newzealand dollar in INR and add the same with salary earned in India that raises the tax burden of the assessee unduly.Kindly resolve my query.

Thanks in advance