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Mukesh Khandelwal   21 January 2018 at 19:25

Tax rate on railway transportation


Respected Sir/Mam,

My client is registered under GST at Rajasthan.
He is engaged in Rail Transport Service.
He got Contract from Bikaner Zone (Rajasthan) to load 4 Tonn Goods in a specific Train.
Now the origin Station of the train is Bhiwani (Haryana) and as per Railway rules He have to made all payments at Bhiwani station and accordingly he made payment at Bhiwani.

Now Tarin's Final Destination Station is Kanpur (Uttar Pradesh) and my client have full rights to load goods in the train at any station between Bhiwani (Haryana) to Kanpur (UP) and he loaded goods at Delhi and unload the same at Kanpur.

Now I want to ask about the required registration for Different state for my client as The Contract made at Rajasthan, Payment made at Haryana, Goods loaded at Delhi and unloaded at Uttar Pradesh.

Kindly guide for the same.
my Client has paid Rs 70,000 +5% GST per day to Railway at Bhiwani Station and He charge Rs 75,000/- (without GST) per day from a unregistered agent for transportation of good by rail from Delhi to Kanpur.

The Goods which he has transported belongs to different buyer but booking at Delhi and payment at Kanpur is done by a single unregistered Agent.

Further GST applicability on the goods which was transported is uncertain i.e. it is not know by client that whether goods was taxable or exempted.

Now you are requested for your views/observation on this case.
Thanks in advance
CA Rahul Bhimrajka and Advocate Mukesh Kumar Sharma
CHIRAWA
Jhunjhunu (Rajasthan) 333026
9828242065

Jayanta   16 January 2018 at 16:27

Customs clearance

Kindly enlighten :

1. We will import one Machine for testing certain goods at our factory and after the testing that machine will be sent back . What is the procedure ?
2. We had imported consumable goods but a lion share is found defect and not as per secs. We want to send back this rejected materials to Exporter- there is no GR Waiver as it will be monetarily settled.
How to proceed please.
Regads,
Jayanta
Kolkata
16.01.2018

Deepak Dang   07 January 2018 at 06:10

Income tax act rebate to psu employees u/s 10 (10) ii

Sir
If a Govt. employee retires he receive full exemption of Leave encashment. A PSU employee receive rebate of Rs. 300000/- only as he is treated at par with PVT. Sector employee. During entire service he is called "Public servant" & has to perform all duties allocated by GOVT. like election duty, verification & remains under a ministry. Whether this was never taken up with CJI, GOVT. & others.

LAWYER ASSOCIATES   02 January 2018 at 18:49

Sec. 292b

Return of income, etc., not to be invalid on certain grounds.

292B. No return of income, assessment, notice, summons or other proceeding, furnished or made or issued or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this Act shall be invalid or shall be deemed to be invalid merely by reason of any mistake, defect or omission in such return of income, assessment, notice, summons or other proceeding if such return of income, assessment, notice, summons or other proceeding is in substance and effect in conformity with or according to the intent and purpose of this Act.

Q1 Please give us proper interpretation of this section, My querry is any ommission or mistake done by assessing officer is forgiven by this section blindly.
Q2 What is the meaning of "other proceeding is in substance and effect in conformity with or according to the intent and purposes of this Act"

LAWYER ASSOCIATES   02 January 2018 at 18:16

Income tax

I was pleading a case in assessment proceedings, I have taken adjournment and filed part replies, But the officer did not write order sheet and got it signed from me. Meanwhile officer done provisional attachments of assets of assessee. Assessee worried with provisional attachments, approach the officers, Than officers recommend the name of a particular Counsel. Than assessee hired that Counsel. Assessments completed.
Now i was reading the assessment orders, the officer does not mentioned even my name or proceedings taken place during my tenure. He started the Assessment order with the words that so and so counsel (next to me) appear for the assessee.
Now the cases are before CIT (Appeals). Can we challenge the assessment orders on the basis of default, incompleteness may be with evil mind of the officer that he has evaded my presence and my pleading in the case.
I think this is a serious voluntary mistake of the officer and assessment orders are void ab initio as the foundation of the assessment and assessment order is missing.

Shakir Najfi   31 December 2017 at 15:50

income tax

Sir
If I take non secured load from 1. friends
2. blood relations, is there any tax liability and what papers/ formalities I need to keep ready. Do I need to mention them in tax return. I'm an officer in ESIC (central government).

Shakir Najfi   31 December 2017 at 15:45

income tax

Sir
if recurring deposits mature in 5 years, how much is the tax liability..?

Stephen   30 December 2017 at 08:04

Retired yet professional income treatment of tax

Dear Tax Experts,

I got retired few years back, however this year FY 17-18 I undertook certain professional work as contract, while this contract was completed I was paid contract money after deducting 10% tax. Post this I am currently engaged with another company without any contract etc as work from home part-time work with amount being paid monthly and no deduction of tax (as amount received is <= 10K) Now while filing tax return which forms to be used and also can I claim 50% exemption by clubbing both contract + Work from home earning as professional income without maintaining a/c books.

Appreciate your advice with pros and cons.

Thanks
Stephen

B.Chakrapani Warrier   29 December 2017 at 11:49

Immovable property transfer

Absolute right in land is changed to undivided right in land. Whether this change will be treated as relinquishment of right as per section 2(47) of the Income tax Act,1961

Vithal. Upari   28 December 2017 at 17:47

Conviction in case of partner in relating matter of it

Dear Experts

Case Facts : One of the partner of XXXXX Gold ., who collected money from 3000 persons and in return he gave gold during the time of Demonitization period now he has collected almost 6 Cr and same has been deposited in firm's current account. Notice of Income tax U/s 131 has been received by him for further clarifications where he initially told that he collected 4 Crores and later he admitted 6 Cr after documents produced by IT. Now on the prosecution part -who ultimately held liable ? Is it a partner ? or Firm ? If partner alone then on what grounds he will be convicted ? if firm is not then on what ground it also be part of conviction or mere penalty is sufficient ? Whether prosecution can be on all partners or on a partner ? Please read this case along with Sections 276, 277 and 278B of Income Tax Act 1961. If any relevant citations please do share...

Please suggest..

Regards
Vithal