Tax questions

Clarifications on Margin Scheme.

In Notification No. 10/2017-Central Tax (Rate) New Delhi (dated 28th June 2017) Govt. notified Margin Scheme for relief to the dealers deals in Second Hand Goods from cascading effect of Tax. I have some queries regarding Margin Scheme. 1. Input Tax Credit on purchases made by dealer who opts Margin Scheme 2. Input Tax Credit to the buyer who buys goods from a dealer opted Margin Scheme. 3...

LT Capital Gain Exemption Section 54

Hi We have made an agreement to sell our ancestral house. The property stands in my and my grandmother's name. The sale will entail significant long term capital gains for which we plan to take exemption under Section 54 of IT Act. We plan to purchase a plot and then build a house within one year so Section 54 will certainly be triggered. Both me and my grandmother only own one residential p...

GST for dropshipping

Hi have created my online webstore . I had linked with some 10-15 suppliers. I also made fb insta and Whatsapp groups and sell through them. When I receive a order in my website or on my social media groups I forward it to my supplier/wholesaler/manufacturer and make full payment. My supplier/ manufacturer ships the product to my customer.I usually sell a Rs 100/- more than the price I got/ the...

Gst on maintenance charges

I have purchased a flat in Khativali Village of Shahapur Taluka in Thane District and got possession in 2013. As per agreement for sale I was liable to pay maintenance charges @ 1686/- per month for three years from the date of possession of the flat. Even after three years the builder continued the maintenance charges on the pretext that the Co-operative Housing Society would be formed when th...

CAR loan availed by company but cost has increased - can apply excess amount in capital loss?

Hello I had availed a car loan in 2013 from my employer under Company owned CAR loan with zero interest, road cost and insurance cost for next 4 years will be incurred by the company. Loan has completed in Jun 2017 but at the end company has entered a perquisite value of around Rs. 2.6L in my salary slip as “Assets transferred to employee” due to which my annual income has increased and tax ...

154 order received an email

Mr / Ms / Messrs DEEPAK KUMAR HOLALKERE BASAVARAJAPPA, Please find attached, the order relating to Rectification under Section 154 of Income Tax Act, 1961, for PAN AKJXXXXX2Q with respect to the Income Tax Return filed for Assessment Year 2015-16. The attached digital communication is authenticated by a digital signature obtained from a certifying authority under the Information Techno...

Tax on Compensation awarded by Court

I am 70 yrs old senior citizen. I was fighting a legal battle with my employer NPCIL for last 25 yrs. Now the case is decided in S C. NPCIL wrongly relieved me from service on 16 Sep.1992. I appealed in SB High Court,where order was in my favour,NPCIL appealed in DB High Court, here also order was in my favour for re instatement. Against this order of DB High Court, NPCIL filed SLP, where Supr...

Issue in transferring Service Tax Credit in GST Regime OR Claiming Service Tax Refund

We were having Service Tax Credit of Rs. 64,090/-. We were wishing to carry forward this credit into GST when GST has been made applicable from 01/07/2017 through GST Trans-1. We have filed Original Service Tax Return of Q1 of F.Y. 2017-18 on 27/07/2017. In the Original ST Return credit figure of above sum has been wrongly shown in utilized cell by mistake. Later on at the time of filing Trans...

Capital Gains investment in residential property funded equally by daughter.

I purchased a plot in 2005 paying cheque amounting to Rs 65,800. It was registered in January 2015 indicating the said amount as well as the then current (Jan 2015) market value of Rs 18,59,000. Now I plan to sell the said plot after 3 years of registration and if I get some 20L then plan to invest that total amount in purchase of a flat for some 40L where my unmarried daughter plans to invest ...

Sub agent tour operator

I am a Travel agent in Mumbai. If I purchase a Europe package of Rs.10 lakhs for a family from our supplier in India I will have to pay 5% gst to package tour supplier on entire package ie. Total Rs.10,50,000/- including 5% GST, but when I sell this same package to my client will I have to charge GST from my passenger once again on the entier package amount ie.- 10,50,000/- + 25000 my ser...

Tax Refund

I am NRI president of a Japanese company. My company filed tax return for 2017-18 by using a CA in Delhi. My company is not registered in India so this company cannot open a bank account in an Indian bank. My CA told me that now I can get the refund in a foreign bank account and he gave my foreign bank account in the forms. https://timesofindia.indiatimes.com/business/india-business/nris-...

Capital gain tax benefit without registry and only transfer

Dear Team, My father has sold a plot in Haryana (after 8 years of possession) and now to save capital gain tax, he is planning to invest the gain amount in a flat in Noida with me and my wife as partners. There is a property where the builder has dues towards Noida authority and thus the registry is not being done and the owners have just the possession letter with them. As there is no regist...

Received a notice under section 139(9) for defective returns

I have received a notice from IT department for having filed defective return for AY 2016-17. The notice says: Error Code 86 As per Section 44AD(6) of the Income Tax Act, 1961, the provisions of Sec.44AD are not applicable to – (1) persons carrying on professions that are referred to in Sec.44AA(1), (2) persons earning income in the nature of commission or brokerage, and (3) persons carrying o...

Income tax on fixed deposits in the name of Apartment Association

Dear sir, Our Apartment (with 20 flats) is having Association. This Owners Welfare Association is registered and we also obtained PAN number. We have opened a Savings Bank account in "The Visakhapatnam Co-operative Bank"in the name of the Association. The excess amounts available from monthly collections are kept in the SB account. We have also collected corpus fund from all 20 flat owners...

Notice under Sub Section (1) of section of 142 of income tax

Sir/ Madam/ M/s, In connection with the assessment for the assessment year 2016-17 you are required to: a) Furnish or cause to be furnished on or before 24/05/2018 at 02:45 PM the accounts and documents specified overleaf. b) Furnish and verified in the prescribed manner under Rule 14 of I.T. Rules 1962 the information called for as per annexure and on the points or matters specified there...

Gstin

Hi Team I am an individual looking to start a business of buying and selling online and may look to spin of a offline retail store in a year if it is profitable. At the starting point unsure if it is wise to start as a individual or as a registered firm, the reason being I work alone and do not foresee hiring employees or partners at least in the next 2 years. At the same time, I do want ...

Regarding Portuguese Civil Code 5a

1) Husband and Wife are governed by Portuguese Civil Code 5A. Husband as a singly-held FD, whose interest in the year amounted to 1 lac. He showed 50000 as interest income in his ITR form, and 50000 as interest in Wife's ITR Form. Interest credited by bank is only seen in form 26AS of only Husband as FD is created in his singly-held bank account. After calculation of Income Tax in ITR, refund ...

Gst liability of landowners in jda

Request to please provide reply to my email on the below request. We have entered into Joint Development Agreement (JDA) in Sept '16 and Supplementary Agreement in April '17 with the details of identified flats with Builder with 50%-50% ratio and the possession of flat will be given to us by end of May 2018. Builder is now insisting us to pay GST on our self occupied flats. I need your guida...

GST on the flat booked before GST implementation

I have booked flat in Oct 2016 and 80% of payment has been made before July 2017 with 4.5% service tax and 1%VAT. Builder is asking me to pay GST @12% on the remaining base payment which causes me extra burden of approx 60,000 INR on the total cost of the flat. I have got an article from CBEC site(http://www.cbec.gov.in/) for more clarification regarding this in which it is said as builder ...

Sale of property under HomeLoan

BACKGROUND: I took possession of "ready to move-in" flat, after registration etc..paperwork and loan, in May 2013. Since then have been claiming benefits of EMI payment i.e.- principal and interest under respective sections up to FY 2016-17. I have left job in 2016 to start business, still being set-up and hence for FY 2017-18 am not going to have any income and thus no claim of benefit on...