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Pawan Pandey   29 October 2009 at 10:48

Valuation of Service Tax on Commission paid to Foreign Agent

Sir,

We are paying service tax as service receiver on commission paid to foreign agent as export sales commission.

We are computing service tax for payment on cum-tax basis.

Now department has asked we are calculating Service Tax wrong. We have to pay Service tax on commission amount.

Please suggest.

Thanks
Pawan Pandey

Anonymous   27 October 2009 at 20:39

Section 143(2) of ITAct 1961

Sir,
I have filed my IT return for AY 2008-2009 (FY 2007-2008) on 31/07/08.The IT return is assessed and refund order is issued by respective ITO on 29/05/09 and cheque on 30/06/09.Due to my personal reason I could not deposit the same with my bankers, and requires revalidation.
(1) Recently I received a notice dated 24/08/09 from ITO under section 143(2) asking me to be present in his office along with documents, accounts and other evidence in support of my return. I am of the view that notice is “TIME BARRED” as it is not issued within time limit of 1 year from the date of filing the return as per section 143(2)
(2) Once the return is assessed, and refund order issued, is it right on the part of ITO to issue such notice? Is it legally right?
(3) ITO in his letter has mentioned that “This case is selected through CASS”. What is CASS? And if selected through CASS can it overcome all legality of following prescribed procedure of 12 months time limit?
(4) Can challenging the notice come in a way of revalidating my cheque as stated above?
I hope to receive valuable guidance from you all.
Meanwhile thanking you in anticipation.I feel The query is open and not resolved as indicated at the top right hand corner.
Sincerely yours,
ABC

n v sudhakar   26 October 2009 at 19:36

service tax on franchise

We are franchisors lending our brand image. For this we enter into an agreement and collect franchisee fee. We also collect royalty at certain percentage on the fee collected by franchisee.

As a franchisor are we liable to pay service tax on the above? From the definition under section 65 (47 & 48) we are of the opinion that we need not pay.

Please provide your expert comments on this at the earliest.

Regards

N V Sudhakar
09391399934
nvsudhakar@drsindia.in

B. R. Passey   26 October 2009 at 15:36

Applicability of Service Tax on hired Tangible Goods

We intend to procure Tangible Goods on hire for construction of Highway Bridges. Please guide whether Service Tax is applicable on the Hire Charges we are likely to pay in light of our undertaking Highway Bridges construction which is EXEMPTED under Service Tax?

B. R. Passey

BHUPAL SINGH   26 October 2009 at 10:57

CAPITAL GAIN TAX & INCOME TAX ON SALE OF AGRICULTURE LAND

Dear Sir,

I had asked some query onCapital Gains Tax & Income Tax on 22 Sept 2009. I wanted to read the replies again but I am unable to trace the replies & the original query.

Can some one help me with the procedure ( step by step ) as to how to locate the resolved queries ?

I shall be highly obliged for that.

Thanking you,

Bhupal Singh

Sunlawseeker   24 October 2009 at 13:40

Is Professional Tax exempted Handicapped?

Hai !
My State : Tamil Nadu

Query : My friend is working with Tamil Nadu Government Judiciary department.

He is a physically handicapped person. He received a message from his superior regarding deduction of professional tax from his salary this year but, not like that previous years.

Can anybody let me know that is there any provision regarding exemption of professional tax for physically handicapped?

awaiting reply.

regards

V.Sundaresan

PP   23 October 2009 at 17:53

General Power of Attorney (GPA)

SUB : General Power of Attorney (GPA)

My wife and I are senior citizens and quite old . Each one of us own some property ( movable & immovable ) and individual bank accounts . We want that after one of us dies the survivor must be able to handle ( transfer of title in one’s own name or sell ) and get the ownership of all property ( movable & immovable ) and individual bank accounts .

Can we make General Power of Attorney (GPA) in favour of each other separately ? Is this the best option ? What are other options for easy transfer of titles after one’s death , considering minimum payment of taxes , if any ?

What will be the best procedure ? Thanks in anticipation .

Anonymous   23 October 2009 at 17:25

How to make a will when children are overseas citizens

SUB : How to make a will in India , especially when one's children are living abroad as NRI / citizens ?

Dear Sir ,
How to make a will in India , especially when one's children are living abroad as overseas citizens ? In the present case , regarding making a will , division/distribution of property is not important but the transfer of property ( movable & immovable ) is important as the beneficiaries have become citizens of other countries . Can they get the assets transferred in their respective names in India , sell and then transfer the proceeds to their country of residence legally ? What will be the procedure , considering minimum payment of taxes , if any in India ? Thanks in anticipation .

PP

Ami Parekh   23 October 2009 at 16:06

Exempted - Mediacl reimbursement

Dear Expert,
I collect medical bill from my staff and pay them medical reimbursement. As per law 15000/- p.a. is exempted but are there any rules which say it has to be given every month. Cant it be paid yearly ? if i receive a single bill upto 15000/- in a year is it exempted and can i pay at once ?
Please guide..
Thanks & Regards
Ami

Ami Parekh   22 October 2009 at 18:46

Service TAx Credit

hi.......

Dear Expert we pay service tax on the rent of our office till June 2009 after which the service tax on rent is removed but can we take credit of service tax paid on rent till June as our business is of Business Axillary services.

Please guide.

Thanks & Regards
Ami