No Education Cess if DTAA Rate Applicable !

education_cess

The education cess  was introduced from Assessment Year 2005-06 vide Finance Act 2004 by which an additional tax was imposed computed on the basis of tax & surcharge.However, this new additional tax  has created a controversy in case of non resident assessees specially with respect to tax resident of countries with whom India has a...

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Charitable Trust:Is Filing Audit Report Mandatory?

charitable_trust

The charitable trust in India gets exemption as per section 11 and section 12 of the Income Tax Act.The various conditions including registration procedure is given in section 12AA and section 13 of the I.T.Act. Various rules are also  prescribed in I.T Rule . One of the condition for claiming exemption is [ as per Rule 17 B...

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Lease Finance of Vehicle : Lessor is Owner !

lease_finance

In case of lease finance of vehicle, the question of claiming depreciation has been a controversial issue. Earlier a decision of Delhi High court that depreciation allowable to lease finance company was published on this blog.Actually , the controversy arises out of  the question of ownership of vehicle during the period of lease. For claiming the depreciation, one of...

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Neither Advance Tax nor TDS Proof of Disclosure of Income: Supreme Court

advance_tax

Mere payment of advance tax or tax deducted at source on any income can be argued as an evidence that a tax payer has disclosed the income , so held in a landmark judgment by Supreme Court in ACIT , Chennai vs A.R Enterprises [2013] 29 taxmann. com 50 (SC). The Apex Court decided in favour of income...

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Non Resident Status:Planning Arrival & Departure !

non_resident

Having Non Resident status in India is good from taxation angle .The readers are already informed in previous post that  the residential status of an Individual is determined as per his/her  physical presence  in India . If you are not aware or want to refresh the basics of how to know the residential status or when one acquires...

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