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Can We Continue to File Return in Name of Deceased Till Maturity of FD?

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Excerpt: My client having FDRs in Banks, Investment in NSCs, & 5 year tax saving deposits etc., Nominations for the said deposits made in the name of family members like wife, Son, daughter and grad son etc., Each year he is reporting the Income from said deposits on accrual basis.He expired on 17-8-2008. My doubts are as under. 1) In whose a/c the interest earned on said deposits for the period after his death (18-8-2008 to 31-3-2009 )reported ? Whether interest for the period from 18-8-2008 to 31-3-2009 reported in Nominees a/c ? 2) Can we continue the I.T. File of…

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Is TDS Required If Only Provisions For Expense Made?

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Excerpt: I would like to know about TDS deductible on provision for expenses. Suppose at the end of the year, many provisions are made, say as on 31/03/09 for various payments like payments to contractors, auditors, where in normal course, TDS is applicable. In this provision case, I am simply making a provision & not crediting to a specific party. I am passing a simple entry like audit fees, labour charges etc DR to Provision for Expenses. All the provisions made as on 31/03/09 would be reversed as on 01/04/09 & all actual expenses as per actual bills…

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Can You Prevent TDS on Payments To Non Resident?

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Excerpt: Yes, there is a  way to prevent TDS on the payment to Non Resident. It may be partial or full . The provision regarding relief from tax at source is provided in the same provision i.e section 195 of the I T Act. The scope is given under subsection 195(2) which  states that if the deductor feels that the whole amount being paid to non resident may not chargeable to tax , he/she/it can make application for appropriate  relief ot Assessing Officer. Procedure As per I T Rule 29(2) , following conditions must be satisfied before…

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Are Individuals Foreign Citizen Exempt From TDS?

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Excerpt: Should a private ltd company in India has to deduct TDS on payments made to an individual, who is a foreign citizen of Holland? Prabha G, Chennai Your question is very general in nature. Section 195 of the I T Act  provides for deduction of tax at source in case of payments to non resident. It starts as under: Any person responsible for paying to a non-resident, not being a company, or to a foreign company, any interest or any other sum chargeable under the provisions of this…

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How To Find Registered Valuer in Your Area?

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Excerpt: My Grandfather purchased a SHOP at 1975. After death of my grandfather , my father became the owner of that SHOP at 1992. My father has died on 11/5/2009. I have sold that SHOP in AUG- 2009. Cost in 1975 Rs 20000.00 Sale in 2009 Rs 428000.00 Market Value as per GOVT Registered Office in 2009 of that SHOP — Rs 675000.00 It is very difficult to compute the MARKET VALUE as on 1/4/1981. How I can compute the capital gain…

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Can You Claim Exemption on Leave Salary Received in case of Resignation from Job ?

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Excerpt: The receipt of leave salary is taxed as salary. However, section 10(10AA) provides for exemption computed as per Rule if the leave salary is received on superannuation or retirement or “otherwise”. Section 10(10AA) is as under 10(10AA) (i) any payment received by an employee of the Central Government or a State Government as the cash equivalent of the leave salary in respect of the period of earned leave at his credit at the time of his retirement whether on superannuation or otherwise ; (ii) any payment of the nature…

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Is Additional Compensation on Land Acquisition Awarded By Court Taxable?

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Excerpt: I have been awarded addl.compensation for property acquired in 2002. The initial compensation has been duly accounted for in the return of income as long term capital gain.The acquiring body has filed an appeal against the judgement for addl. compensation and the appeal is pending for hearing in the High Court. Pending hearing and judgement on the appeal, the Court has allowed part amount of addl compensation to be released partly against bank guarantee and partly without guarantee.The amount to be released is in respect of addl.compensation for land, building,etc and interest for delayed payment.Is there any tax liability on…

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Can You Claim Exemption u/s 54F for Modification or Expansion of An Existing House ?

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Excerpt: No , said the Kerala High Court in Meera Jacob vs ITO [ dt of order 9/06/2008 ] 313 ITR 411 . The small order of Hon,ble High Court is as under :   The question involved is whether the assessee, in the computation of long term capital gains, is entitled to deduction under Section 54F of the Income tax Act in respect of investment in modification/expansion of an existing residential house. The Tribunal took the stand that exemption is available only when the investment is in the construction of a…

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Can Loss of F & O Be Adjusted with Capital Gains?

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Excerpt: Earn profit from Short Capital gain Rs. 1,05.400/- and Long term capital gain Rs. 89,375/-and Future & option loss Rs. 68,248/-. Pl. tell me future option loss is trading loss or speculation loss it is adjustable or / no. Satyanaryan Agarwala , Kolkata The transaction in Future & Options is business activity now because of amendment in Section 43(5) of the I T Act . Therefore , any loss incurred on F & O is allowable to be adjusted as a business loss is adjusted. How Business Loss is adjusted? The provision regarding adjustment of…

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What is Rule of Filing 15G to Prevent TDS?

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Excerpt: I am a male of 60 yrs, resident, having business in Delhi. My estimated total income for FY 2009-10 is 200,000/.I have invested Rs 70,00/= in PPF. Now my taxable income is 200,000- 70000 = 130,000.  Since Rs 130,000 is below the taxable limit of Rs 160,000 this yr ,I want to invest in senior citizen scheme of post office having interest of 9% pa. Can I give them form 15 G for not deducting TDS on interest. Gopi Ram Bansal , New Delhi Form 15G is a self declaration which…

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