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Interest on REC Bond Is Taxable Yearwise!

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Excerpt: REC Bonds purchased to get the benefit of Capital Gain Tax on redemption after 3 yrs. whether the amount will attract any kind of tax to be paid by me? mukund.m@……comThe REC bond can not be transferred within three years. Interest is payable annually on 30th June every year till date of redemption. Therefore ,interest received every year shall be taxable year wise.However,vide notification No. 359/2002 dated 2nd December, 2002, the Corporation has been exempted from deduction of tax at source under section 193 of the Income Tax Act 1961, on the interest payable on REC 54EC Capital Gain…

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Both Parents Can Claim Deduction u/s 80DD !

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Excerpt: Myself and my wife are earning people and we both have taxable income of Rs.5lakh .Our doubt is can we both claim Rs.50000 each for maintaining handicapped child we have : rshetigar@rediffmail.com Yes , both can be allowed because there is no such restriction in Section 80DD which starts as “80DD. (1) Where an assessee, being an individual or a Hindu undivided family, who is a resident in India, has, during the previous year,(a) incurred any expenditure for the medical treatment (including nursing), training and rehabilitation of a dependent, being a person with disability;”Remember , you will have to keep…

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Hedging Loss is Buisness Loss , not Speculation Loss!

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Excerpt: Can a loss from hedging of commodities be set off against normal profit of a related commodity merchant? agrawalneeraj@sify.comYes, there is express provision under the I T Act ,by which loss from hedging of commodities are allowed to be taken not as Speculation Loss and thus on characterized as Business Loss , is allowed to be adjusted with Business Income.Speculation is defined u/s 43(5) of the I T Act . Clause (a) of sub section 5 of section 43 is given as under :” (5) speculative transaction means a transaction in which a contract for the purchase or sale…

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A Complicated Situation Indeed!

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Excerpt: when the person deducting tds follows cash basis accounting system and person receiving tds certificate follows accrual method of accounting and the payment towards expenditure has been made after three years. should recipient claim tds certificate as it is not of the income of that year : CARYTHM@YAHOO.CO.INAlthough the case you have narrated a hypothetical one because revenue recognition model, today followed by most of the person , does not create such situation, but this type of anomaly may arise.As per the law, TDS is given credit in the year when income is shown. Since , the assessee has shown…

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Exemption Can Not Be Claimed if House is Purchased in Relatives Names!

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Excerpt: Mr XYZ sold a house which was in solely in his name. To save capital gain tax, Mr XYZ deposited money in the capital gain account with a bank.Now Mr XYZ wants to buy a house, in which the first owner is the daughter in law of Mr XYZ and the second owner is the wife of Mr XYZ. Both daughter in law and wife are housewives.The query is: If Mr XYZ invest the money (which he got by selling the above property) in the house that will be in the name of daughter in law and wife. Will Mr…

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Rental Income From NRI’s House Is Taxable in India

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Excerpt: I am a NRI living in the US since Nov 2003. I bought an apartment in India in Aug 2005 and since then I have been paying EMIs. I have 2 questions.1) I am planning to rent out the apartment starting next month. I was told that once I start receiving the rent, it is taxable in India. How should I file taxes? Say, I would be getting 2lakhs of rent per year, will it fall under the same tax slabs as anyone getting an Indian salary?2) Are the home loan EMIs tax deductible?…

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Even Service Tax or Sales Tax Is liable to TDS!

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Excerpt: Whether TDS has to be deducted on the Gross amount of Bill, inclusive of service tax and sales tax if any. Are we supposed to deduct tax on tax i.e. service tax agarwalrohit_k@…………com The word used in TDS provision is “Any sum” , therefore all sum whether service tax or sales tax, TDs has to be ducted. The basic premise is that the person’s whose income has been deducted shall get the credit for it on showing the said Service tax and Sales tax to the credit side of the P &L account. Therefore, a person liable to…

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Letting Out of Factory Along With Machinery- Buisness Income or House Property Income ??

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Excerpt: The assessee Company was doing job work with its own machinery.In F.Y.2004-05 it give the premises with machinery on lease.Whether the income should be assessed u/the head Income from House property or business income.kirans_agrawal@,,,……….comThis is a classic question and decision whether the income is from house property or business income is a matter of facts which you have not given. First of all , it should be understood that rent on machinery can not be assessed under house property . The rental of factory building can be . But prima facie , it seems that the assessee was exploiting…

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No Dedcution For Tuition Fee Paid For Dependents!

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Excerpt: I am employed in a private firm and my annual income is more than 4.5k. Here the query is I have paid an amount of Rs 80k for my sister’s education. Since my parents are no more and I am still unmarried and obviously don’t have any kid for whom I pay tuition fees. Is there any possibility for availing any kind of rebate or tax benefit in any of the sections of Income Tax as she is dependant on me. Unfortunately I was also not able to make the investments to touch the limit of 1lakh.himanshutrpth@………..in I…

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Sales Tax Liability Can Not Be Disallowed If State Govt. Considered It As Deemed Collected !

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Excerpt: Advanced TopicAn assessee had been allowed sales tax claim u/s 43B pursuant to a scheme of the state government whereby the government had converted his sales tax liability into a loan. The CBDT had issued two circulars—No.496 in 1987 and 674 in 1993—to provide that in cases where incentives were granted to an assessee by way of sales tax deferment, payment of ST will be deemed to have been made and no dis allowance will be made u/s43B.The assessee had been allowed such a deduction in A Y 1994-95, when his unpaid ST was converted into a loan.The loan instalment…

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