A proprietorship was converted into Partnership at will a few years back consisting of the Prop of the old firm and two new Partners (his brothers) Now the Proprietor of Old firm who is Partner now wants to dissolve the existing Partnership firm. Can he do so under Partnership Act . He does not want to resign from Partnership. Please advice

BY: Mahesh Kumar

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My client Which is Pvt Ltd is starting business to provide service of aggregator for Radio Taxi Like OLa and Uber. 1. Is he required to Collect TCS and file GSTR 8? 2. Is he liable to take Input of RCM paid on behalf of driver ? 3. On what amount GST shall be levied i.e. Discount given by company to customer (Which will be borne by company) via coupon code , then customer should pay Tax on Discounted amount or full amount and then discount is charged on it? 4. Percentage of GST leviable on Commission charged per ride by aggregator in the name of Convinence Fees ? 5. The discount given by Company to customer is to be reduced from convience fees and then GST charged or any other way ? 6. Is any type of GST charged on incentives paid by company to driver on the basis of there rating ? 7. Is any type of GST charged on commission paid to Service partners at different cities? 8. At what all places GST reg is required to be taken when the Company is reg. in UP and Technical team Work in New delhi? 9. Which all Return it is required to file monthly? it would be more helpful if someone shares me full case study on ola related to taxation matter specifically GST.

BY: aditya banka

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in section 139(2) of companies act public borrowings from financial institutions .... whats is the meaning of public borrowings or what is the meaning of financial institutions please....... public borrowings as per defination is tradable instrument

BY: MANOJ

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we have file ITR of AY 2017-18 of Trust in Feb 2018 along with Form 10B . My querry is that whether Exemption may be withdrawn for AY 2017-18 or we can save assesee for filing condonation of delay of Form10B and whether condonation of delay file be online or offline . pl. let us know the procedure to file Condonation of delay of Form 10 B . Its urgent

BY: SANDEEP KAPOOR

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Which period turnover shall consider for the Purpose of Applicability of GSTR 9 and GSTR 9C for F. Y. 2017 -18 ?

BY: SUYOG SUDHIR AWACHAT

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i have done below transaction kindly clarify X company in TN purchased goods from B company in TN and sell it to SEZ units in AP. where the goods X company has not taken possession of goods and X company directed B company to moved goods directly from B company go-down to SEZ units. , kindly clarify whether B company can claim exemption or cover under CST

BY: CA. RAM PRABHU M

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WILL "ADVANCE TAKEN FROM CUSTOMER" BE INCLUDED WHILE CONSIDERING PROVISIONS OF SEC 269SS ??

BY: SUDIP KUMAR MUKHOPADHYAY

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My Client has sold his residential House at a price in accordance with Stamp valuation Price . The entire sale consideration has received with banking mode . The AO has asked that why not matter to be refer for Valuation as in his opinion (without any evidences) the Sell Price is far below of FMV . He has asked to us whether you have any objection for valuation . What should we do . Pl. advise with relevant section and case law if possible .

BY: SANDEEP KAPOOR

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Whether it is mandatory to send NOC to previous auidotr by post ???

BY: Ninad Prataprao Shete

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Dear Fraternity members, my query is, can a full time practicing CA become DSA of any bank? Thanks

BY: Yogesh Bhutara

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Received intimation u/s 143(1) for my client.Want to file rectification request by uploading rectified ITR_3 XML file.But the ITR Utility is calculating late fine of 5000 u/s 234F.Original Return filed within due date only.Pls help.

BY: Anuj Kumar Khaitan

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How to appoint a CEO in private limited company? Will DIR-12 will suffice by the appointment of Director or MGT-14 needs to be filed in addition to the same. Thanks and regards

BY: SURAJ KUMAR CHOUDHURY

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A company has wrongly availed Input Tax Credit under erstwhile CENVAT Rules in 2015-16. During GST Audit in current year, this was found out and the company paid the wrong credit availed in earlier years as above now, i.e. in FY 2019-20. The same has been expensed off. Is it an allowable expenses under Income Tax Act? Please provide any case laws, if available.

BY: balasubramanian

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I want to know the difference between "Paid Assistant" and " Salaried Employee". As I am doing Job in CA Firm and I have to report to ICAI. What if I am holding Full Time CoP while Joining such Job. Your help will be really helpful.

BY: Pavankumar R. Nipanikar

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A senior citizen has paid Rs.50,000 as health insurance premium for himself. He has also incurred Rs.8000 towards medical expenditure for himself. He has further incurred Rs.5000 for preventive health check up for himself . He being a senior citizen, what is the total amount of deduction available to him under section.80D?

BY: balasubramanian

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Dear Sir, One of my client is an exporter. In GSTR 1 exports have been shown correctly , however in GSTR 3B Exports turnover has been shown as Interstate sale and IGST has also been shown as IGST-Interstate sale coloumn instead on IGST-Export coloumn. Since my interstate sale is not much, I am unable to adjust the IGST & Turnover figures in the subsequent months due to (-) ive figures. So kindly guide me to claim my pending export refund....

BY: CA. KHANDHEDIYA BHAVIK DEEPAKKUMAR

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Dear Sir A firm is engage in the business of labour supply to his client by deploying manpower from contractor with predifined margin. On the basis of record with client ( attendance record etc.), firm is raising the periodic Bills (GST TAX INVOICE)to his client and paid GST accordingly after taking the Input Tax Credit from his contractor.  In summary the business model is - Input from Contractor + Own Margin = Output Service to Client The query is If the Firm is raise Output Service Bills without Input Service ( By way of proper Tax Invoice from Contractor) and recognise his revenue and to math the revenue estimated expenditure is also provided for the month and after receiving the actual Tax Invoice from ( after 1-2 months ) Contractor claim ITC.  For ex. In April Output Service Rs. 100 Lakhs, Input Nil  In June Output Service Nil , Input Rs. 80 Lakhs Is there any violation of GST provision by following above practice ? Whether Month to Month booking is mandatory under GST Law ?

BY: CA ANIL KUMAR SAH

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There was some clerical error in balance sheet attached to original tax audit report due to which It has been revised. But the assesee is not accepting the said revised tax audit report. Plz suggest what can be done to avoid future litigation and problems since the tax department will process original tax audit report which has mistake.

BY: MOHD AHSAN KHAN

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DEAR SIR, PLZ GUIDE ME RELATING TO TAXATION ON RETIREMENT OF PARTNER. IF PARTNER RESIGNS FROM PARTNERSHIP FIRM AND TAKEAWAY 1.50CR FROM AGAINST RETIREMENT FROM PARTNERSHIP. HIS INITIAL TO PARTNERSHIP FIRM ( CAPITAL ) RS.2071000/-. PARTNERSHIP FIRM ALSO HAVE THE LAND & BUILDING WORTH RS.3CR, BUT HE IS TAKING ALL MONEY IN CASH AND NOTHING TAKING IN FORM AS AN ASSET. PLZ GUIDE RELATING TO TAXATION. HE IS IN PARTNERSHIP SINCE 1992.

BY: RAHUL MADHAVARAO KHANDEBHARAD

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A NEW COMPANY PREPARE BALANCE SHEET FOR 15 MONTHS UNDER COMPANIES ACT. IN THIS CASE, UNDER INCOME TAX ACT HOW COMPANY FILE HIS ITR AND TAX AUDIT REPORT AND FOR WHAT PERIOD. THANKS,

BY: Punit Rai

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Whether a CA in practice can practice on his indivisual name or on the sole proprietorship name after Merger with other firm.

BY: Harish Pandey

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How Funds owned by a HUF like capital in a firm or Loan to somebody,can be transferred partially to its members Whether Partial Partition deed is required to be prepared

BY: Mahesh Kumar

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We have a group of 5 Different CA Proprietor Frims, We now intend to Form a CA Partnership Firm. All 5 Firms have different standing in number of years of practice. My Query Will it be beneficial to Convert the oldest Proprietorship Firm into a Partnership or any firm? So that the number of years standing of the firm is increased. Please suggest

BY: SUMIT BHARADIA

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A cooperative society regd in Punjab doing construction and labour provider job has not done any business during F Y 2018-19. It has not been audited by Cooprative Society Auditor nor is eligible for Tax Audit. It is having a nominal Interest income which is adjustable against Previous Year carried forward Loss. Whether in this case date of reurn filing is 31-8-2019 or 31-10-2019in FY 2018-19

BY: Mahesh Kumar

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Whether a cooperative society can file ITR without Digital Signature if it is not eligible for Tax Audit.Statutory Audit has not been done by Cooperative department in this case

BY: Mahesh Kumar

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One of the Private Limited Company in India dealing in software services. One Foreign entity situated in USA is providing software services to the Indian Company. Foreign entity is not having any place of establishment in India and providing services from USA. Foreign entity will raise Bills for their services. Now the query is: 1.Whether the Indian Company has to deduct any TDS? At what percentage? 2.Whether there is any requirement of Form No.15CA and Form No.15CB? 3.Whether is there any requirement of Indian PAN for Foreign entity? 4.Any prior permission of Reserve Bank of India required?

BY: somu balasrinivasa murthy

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ITR-1 for Salary income only was filed by the assessee on 1st Sept 2019 for F.Y. 2018-19. ITR is not processed yet. Can now Tax Audit Report for F&O Business and Revised Return including the same be filed?

BY: Hunny Badlani

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I have the query regarding the exact GST provisions applicable in case of Taxi hiring contracts w.r.t. central government undertaking?

BY: puran bhat

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Long Term Capital Gain Dear Friends, Please Clarify the following Issue:- An Assessee had inherited a property based on the “WILL” left by his mother. In the will executed by his mother. She had stated that property should go to him and after his life time it should go to his Son. During the year the assessee had disposed the property. The Sale Deed has been executed by the assessee’s son also due to the Buyer’s insistance as a matter of abundant caution. Both the Assessee and his Son had received 50% share of proceeds realised. 1) In this context whether the Long Term Capital Gain has arisen to the assessee’s son also. Since he has executed the Sale Deed even though No Right to the Property which was inherited by his father out of Will. 2) Whether the entire proceeds should be offered in ths hands of the Assessee alone who has got Absolute Right to the property inherited. 3) Since the assessee’s son Name has been included in the Sale Deed due to abundant caution of the Buyer of the property, whether to be ignored while working out the Long Term Capital Gains?

BY: RAMAN

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Please clarify whether Incentives received on supply of exempt goods is taxable under GST ex. retail outlet of petrol and diesel.

BY: CA. KANTIPUDI VEERA VENKATA SATYANARAYANA

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A firm's turnover during 2018-19 is 90 lacs (< 1 crore) It is getting tax audit done as net profit is less than 8%. it is paying Interest to a NBF Company. Whether it is required to deduct TDS or not

BY: Mahesh Kumar

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what is the easiest way to calculate deferred tax assets or liabilities.

BY: VIJAY PROHIT

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should we give effect to deferred tax liability or assets while arriving at break up value of shares

BY: VIJAY PROHIT

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A Society is Registered in Sec 12AA. The Society is running a School. Its current year Receipts are Rs 2 cr and Application of Income ( Expenses ) are Rs.2.50 cr. Due to some unavoidable circumstances, it not able to file its ITR within due date. What will be Tax implications ? Whether it will be Taxed on Rs.2 cr Receipts or at Nil, since its in loss of Rs.0.50 cr. Whereas its not taking benefit of Sec 11 due to loss.

BY: AJAY JAIN

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Hello, Kindly explain what is additional place of business under gst? Do I have to obtain separate registration for each additional place of business, if the additional place of business and main place of business is in the same state?What other rules should we follow under gst for additional place of business?Should we charge gst when we transfer goods from main place of business to additional place ?If the supplier directly sends the goods to additional place of business, then also gst needs to be charged?please explain.

BY: deepika

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Dear all, Is there any voluntary tax audit system available on income tax act ? if yes, under which section we need to mention in audit report or while udin generation.

BY: CHANTI EMBADI

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A LLP is working. Now some Partners are to be inducted in the same LLP. The new Parthers have already give their Share to the LLP before 31.3.19. The LLP has kept their money as Unsecured Loan. Now they want to become Partners in the LLP. A Fresh LLP Agreement is Drafted on 01.10.19. Whether we can make it effective w.e.f 01.04.2019. Meaning that the New Partners shall become Partners of the LLP since 01.04.2019.

BY: AJAY JAIN

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AMOUNT RECEIVED FROM INSURANCE CO IS EXEMPT U/S 10(10D).IS IT APPLICABLE TO ANY AMOUNT OR THERE IS SOME OTHER CONDITIONS.

BY: SUDIP KUMAR MUKHOPADHYAY

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TRANSFER FIXED ASSET BY A CHARITABLE TRUST REGISTERED U/S 12AA TO ANOTHER CHARITABLE TRUST WITH SAME OBJECT S BUT WITHOUT REGN. U/S12AA. KINDLY CLARIFY THE IMPACT FOR THE TRANSFERROR TRUST AND THE TRANSFEREE TRUST UNDER INCOME TAX ACT

BY: P.SHANGAR

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AS PER SECTION 80 P THE INCOME TAX ACT, INCOME OF THE FARMERS PRODUCER COMPANY IS EXEMPT FROM FY 18-19 ( AS PER THE BUDGET 18-19) LIMIT TURNOVER IS UP TO 100 CRORES, AVAILABLE FOR 5 YEARS FROM AY 2019-20 LET ME KNOW WHETHER MAT IS PAYABLE ON THE SAME FOR COOPERATIVE SOCIETIES THE AMT IS NIL WHETHER THE SAME BENEFIT IS AVAILABLE FOR FARMERS PRODUCER COMPANY

BY: sadashiv iranna c

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After the introduction of section 145A of the Income tax Act 1961 Whether exclusive system of accounting for taxes is still permitred ? Exclusive system of taxes Considering taxes which can be claimable as a part of Balance sheet and npt routing through Profit and loss statement

BY: DINESH ARAVINDH V

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Sir, kindly let me know difference between Member and Co parcener in the case of HUF

BY: AJAY JAIN

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In case of Trusts which are registered u/s 12AA of the Act and for which audit reports in Form No.10B are to be issued, whether separate UDIN is to be generated for signing audit report in Form No.10B and for separately for signing financials ?

BY: CA. GANESH R

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WHETHER GST LIABLE ON JOINT DEVLOPMENT AGREEMENT?? IF YES THEN WHO IS LIABLE TO PAY AND ON WHAT VALUE IT IS PAYABLE??

BY: Ninad Prataprao Shete

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Q1 If a member holding Part time COP made a Proprietorship firm and later on he started a full time practice, so from which date standing of that firm will be counted, whether from date of its incorporation or date from which member converted its COP to full time? Q2 Also member holding Part time COP can train article assistant while acting as a partner of a practicing CA firm?

BY: JAYESH GEHANI

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Who can be Members of a HUF? Whether son's wife is eligible to become Member of a HUF ?

BY: AJAY JAIN

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Who are the Relatives in the case of a HUF?

BY: AJAY JAIN

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A person purchases Fixed asset value 19000- but makes cash payment 10000- on date of purchase and 9000 on next day. Whether this is ok for income tax .

BY: Mahesh Kumar

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Auditor has uploaded 3CBCD for his client to accept. Same is yet to be accepted.Whether UDIN should be generated upon accepance by him or uploading the same.

BY: Mahesh Kumar

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A private Limited Co. has a paid up capital Rs. 6.50 lacs & accumulated surplus Rs. 11.50 as on 31.03.2018 During the FY 2018-19 company has suffered losses Rs. 3.50 lacs . The Company has declared and PAid Dividend Rs. 8.50 LAcs to shareholders and deposited 1.74 lacs as DDT (Dividend Distribution Tax) in FY 18-19 My querry is whether the company can paid the above dividend and if no what is remedy or consequences .

BY: SANDEEP KAPOOR

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An Indian Company exports software services to its holding company in USA. Holding Company settles the invoice as per terms. From current year, holding company decides to allocate some common costs to its subsidiaries located across the globe. Accordingly, a proportion is apportioned to Indian Subsidiary. This expense will hit Indian Subsidiary's Profit and loss account. Let know whether export proceeds realizable by the Indian Subsidiary can be netted off with this expense under FEMA Regulations. Also let know, if Indian Subsidiary has to pay GST on this expense.

BY: balasubramanian

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Shree Advertisers (here-in-after referred to as ‘the company’) is engaged in the business of selling advertising space or time .The company intends to sell its sole proprietorship business (alongwith assets and liabilities) as a whole and wants to know the tax implications under GST and Income tax Act. 1.Whether GST is applicable on sale of proprietorship business and its assets and liabilities as a whole? 2.What will be the tax implication on sale of assets and liabilities as a whole under Income tax Act , 1961? . 3.Will there be any exemption from capital gains tax if the profit arising from slump sale is reinvested in long term capital asset?

BY: shruti chhalani

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A Tour Operator in India books for foreign tour package in India. he takes amount by cheque from client & deposit in his current account. In foreign he withdraws amount from ATM by his international ATM & incurred all expenses by cash in foreign currency. whether all this expenditure is allowable as per income tax act. TDS will be applicable or not. Please guide me for Income Tax compliance of outbound tour operator. Also please guide me what other compliance is to be done for outbound tour operator

BY: NADIR D SHAIKH

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Mr X has taken a Residential building on Rent from his wife Y and starts to operate a guest house in that building Mr. X has some expenditure in interiors in Fy 19-20 and Commercial transactions /operation may commence in FY 2020-2021 . My Querry is whether GST Input on Expenditure incurred on interiors on Building and Fixed lighting , decoration etc will be available to Mr. X and what should be treatment of such expenditure as Pre-operative exps. or Booked as revenue expenditure and claim as Business Loss in Fy 19-20

BY: SANDEEP KAPOOR

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A Cooperative society in transport business is making payments in cash exceeding 10000- to transporters(Who are family members only)and without deduction of TDS also Whether obtaining PAN is sufficient for transport payments and whether payment exceeding 10000- as exp by Cooperative Society to transporters is alright

BY: Mahesh Kumar

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Dear sir, If the company incorporation date is 23rd March 2018,then company appointed the first auditor as on 2nd January 2019(since the cop of auditor effect from 31st December 2018) whether it is is valid appointment or not? If yes,is there any late fee for company for late appointment?

BY: CHANTI EMBADI

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AMOUNT RECEIVED FROM INSURANCE CO IS EXEMPT U/S 10(10D).IS IT APPLICABLE TO ANY AMOUNT OR THERE IS SOME OTHER CONDITIONS.

BY: SUDIP KUMAR MUKHOPADHYAY

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Facing problem while preparing P&L account for the F&O Trader under tax audit. The turnover, in this case, is Profits + Losses + Premium on options if any. So if this is the turnover, then how to get to the net profit/loss in the P&L account? What will be the value taken for the purchase?

BY: Hunny Badlani

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Whether any reimbursed expenses should also be reported in column 4 of clause 34(a) of Tax Audit report?

BY: Mithan Lal

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HI Could anyone please tell me how do i update employment details in icai records, I checked it in my member card and it's not showing any details of employment. Also i'm working in CA firm since beginning but I've not taken my COP, so while taking Fellow membership will this be counted or I've to take COP to apply for fellow membership?

BY: Kamreen Fatma

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A new set of Invertor and Battery are purchased .Whether GST can be claimed on both. Further battery replaced from time to time for Laptop/Invertor will also be eligible for Input credit?

BY: Mahesh Kumar

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Rate of GST on pure labour contract under affordable housing projects like projects under CM Jan Aavas Yojna ? Is they are exempt or liable for tax at what rate

BY: SUBHASH CHAND

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KIND ATTN. SIR Transfer of property has been made between trust registered u/S 12AA to another registered charitable trust u/s 12AA and made without consideration.What is the impact of income tax? for both the transferror trust and transferee trust .If such transfer is exempted how to show in the income tax return and how to account in the books of accounts for both the trusts.

BY: P.SHANGAR

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I HAVE PAID TDS ON PROPERTY, 26QB COULD NOT BE SAVED AT THAT MOMENT, BUT I HAVE PAID TAX CHALLAN, AND GENERATED 16B. NOW MY CLIENT IS ASKING FOR 26QB AS IT IS TO BE SUBMITTED IN LAND REGISTGRAR OFFICE FOR REGISTRATION. BUT I AM NOT ABLE TO RETRIEVE THE 26QB. PLEASE HELP ME IN REGENERATING THE 26AB, I HAVE ACKNOWLEDGEMENT NO AND EVERY DETAILS REGARDING THE TRANSACTION

BY: pradeep kumar agrawal

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Whether Partners can Withdraw from Partnership /LLP Firm in Cash. If yes, whether provisions of Sec 269ST will be applicable

BY: AJAY JAIN

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Whether UDIN needs to be taken for certifying in Form DIR 3 KYC?

BY: Sivaraman A.R.

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Can a tax audit report submitted by CA and accepted by Client be revised on finding a mistake

BY: Mahesh Kumar

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DPT-3 filed for private limited company was put under resubmission with the remark to submit the same with details list of such outstandings. How it is possible to get these details in case of an old companies carrying these since long (20 years) and for which no informations is readily available. What is time limit for resubmission as no specific time limit is given under remarks.

BY: SURAJ KUMAR CHOUDHURY

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As per the GST Law, Gross receipts of Govt Contractor is suppose to be reduced by the GST and accordingly Turnover is to be shown under GST. But if we show the same turnover in income-tax, it would mismatch with 26AS receipts. In either case, difference in GTO would result in scrutiny. What should be the appropriate way for income-tax return as well?

BY: SURAJ KUMAR CHOUDHURY

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Whether Uniqie document is required to be generated for Stock Audit and revenue audits of Banks.

BY: Mahesh Kumar

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Whether a C.A. can do Audit of his Relative.

BY: AJAY JAIN

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My client has plot of land. He entered into development agreement on 28.10.2016. Developer in return alloted 4 flats to land owner. Completion certificate of that flats were obtained on 07.08.2019. As per Sec.45(5A) capital gain will be chargeable in the hands of land owner in 19-20. My question is what is the date of transfer as per Sec.2(47). Whether it is 28.10.2016 or 07.08.2019. Further can a land owner claim deduction u/s.54F in 2019-2020.

BY: ATUL MUKUNDLAL TOSHNIWAL

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Sir I am a partner in a firm. I have moved to another city where I want to join employment but want to remain as a partner in the same firm. Is this possible by converting my full time COP to Part time COP. I cannot find ICAI guidelines with respect to this subject matter Kindly reply this on priority basis. Its urgent. Thank you

BY: sweety sharma

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Exceptions in respect to Section 269ST- Provision of Section 269ST shall not apply any of the following if receipt by- a. Government....... What is government under Income Tax ? Can municipality be called a government ? Can municipality receive tax of more than Rs. 2 Lakhs in cash ?

BY: DARSHAK MAGANLAL THAKKAR

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an SEZ unit is taking services of a hotel for an event management which will be taking place at their hotel - Convention hall. Will the services attract IGST (considering as supply of services to SEZ unit) or it will be subjected to CGST /SGST ( considering that place of supply is Hotel iteself and is not teh SEZ unit)

BY: GeetikaSetia

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what will be the gst impact for a person who is providing training services from india to people outside india through digital mode ?

BY: ravi kishore bhagi

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A proprietor ship firm wants to change its proprietor in the existing firm. What's the best way to do the same.

BY: SURAJ KUMAR CHOUDHURY

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In case of Pvt Ltd Company, there are two additional requirement apart from existing one, which are very difficult to furnish: 1. Shareholders details with PAN numbers. 2. Assets particulars with date of acquisition. A private limited company, which have been registered 30 years ago, how these details could be gathered and where from to arrive these figures. Even ROC data is available for last 12 years. Please respond

BY: SURAJ KUMAR CHOUDHURY

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Unsecured loan was taken by way of journal entry in one hand from another as legal heir fund. How to disclose the same in 3CD, as this entry fall in none of the prescribed mode. Similarly how to disclose payment of Interest on unsecured loans which is paid by way of journal entry only

BY: SURAJ KUMAR CHOUDHURY

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Whether a private limited company which is preparing its balance sheet as per Division I of Schedule III is required to disclose the details wrt MSME on the face of balance Sheet or not..?? Kindly treat this query as urgent.

BY: CA Neha Gupta

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A Proprietorship firm is dealing in textile business and having GST number. Now the Prop wants to add commission business under the same GST Whether he will have to get seperate bill book for services rendered or hr can continue with same bill book

BY: Mahesh Kumar

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Whether pure agent services like paying taxes on behalf of some person be considered as exempt supply in GST...?? If yes, whether the amount received as a pure agent be included in computing the aggregate turnover for the purpose of audit of a taxpayer..???

BY: CA Neha Gupta

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Companies have to furnish details of “assets” including Jewellery, Painting etc., Unfortunately, it is not mentioned as “Fixed Assets”. Assets naturally includes inventories also. Does it mean a Private Company having a Jewellery Shop has to furnish details of jewellery for the above requirement in ITR 6

BY: Ethirajan

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Is Political Party liable to tax audit?, If yes, Then in which form tax audit shall be filed?

BY: Abhinav

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Dear sir, One of our client is selling a plot of land and to avoid tax he is telling me that he will gift the property to the purchaser and the purchaser has agreed to pay tax on it under sec 56. However there will be exchage of consideration in the form of Cash. Will there be any liablity on the Seller. Under Income Tax Act

BY: VIPIN GUPTA

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Dear Sir, There is audit U/s 44AD and previous year and this year his turnover is 1.5 cr to 1.7 cr. He has paid interest to one party unsecured loan Rs 150000/- will he be liable to TDS. As limit U/s 44AB (a) is Rs 1 Cr.

BY: VIPIN GUPTA

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If an SEZ unit is availing certain services outside SEZ area. Will this services will be eligible for Zero rated supply benefit under IGST Act.

BY: Mayank Jain

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Mr. A has earned Salary income Rs. 28.00 lacs and also deals in Future & Option where turnover is approx. 50 Lacs and Loss approx. 4.00 lacs whether Mr. A is require to Tax Audit as the Profit is less than 8% or we can file ITR without Audit pl. suggest

BY: SANDEEP KAPOOR

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While surrundering the LIC Policy, LIC has deducted TDS u/s 194DA @ 1% on the surrender value. Premium paid over 5 years was Rs. 261297/- .The surrender value recived was Rs. 223212 less TDS Rs. 2233 . net value is Rs. 220979/-. Whether any amount is to be offerred for assessment.

BY: nagappan.sm

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Hi, I want to know whether Part Time COP Member can hold his Proprietor Firm while doing job at CA Firm?

BY: ABHISHEK SUSHILBHAI GOYAL

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Sir Is there any Guidance note or recommendations issued by ICAI regarding tender process and criteria for Organisations who intend to appoint CAs as their auditor

BY: SAMEER SAMEER SINGH

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I started my CA Practice in the year 2002 as a proprietor of a CA Firm and in the year 2013 I converted my Proprietory Firm into Partnership by adding my cousin brother as partner, as due to ours is Joint family we dont have any problems till April, 2018. From April, 2018 our HUF is divided and living separately. Now I dont want to continue this partnership with my cousin brother and want to convert this partnership into Proprietory Firm. Meanwhile i have intimated my changes in the status of the Firm to ICAI Regional office but my details are not yet changed in the Institute records. I tried to update in the SSP Portal but of no use at all. Can anybody guide me to how to go along with effectively to reconvert CA Partnership Firm to CA Proprietory Firm without loosing my old firm name. Thanks in advance for all your answers

BY: VENKATESH S BAKALE

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As per sec.115JB for computing MAT, brought forward business loss or unabsorbed depreciation whichever is lower as per books has to be adjusted. Is this comparison of business loss vs depreciation to be made year on year for past years or cumulative figure as on date? All the past years have losses and no profit in any of the preceding years.

BY: balasubramanian

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Dear Sirs, My query is relating to HSN wise reporting on imports. 1. Under taxable value which value we have to enter, whether assessable value as per Bill of Entry or Purchase value? 2. Sometimes the IGST charged by the customs authority slightly varies with the rates mentioned under rate tab in the table. Because of this portal is not accepting the import. How we can resolve this difference?

BY: NIRAJ PM

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The party is covered under composition scheme and has received discount by way of commercial credit note which do not contain any GST on it. In 44AD do we have to pay tax @ 8% on sale price and discount value. Or we pay tax only on Sale price and credit Discount value in purchase. under GST do we have to pay GST on Sale price and Discount amount

BY: VIPIN GUPTA

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Dear Sir, (1). Firm had purchased under construction commercial property. Firm was paying advance, on which 12% GST was charged by promoters / developers. The intention of the firm was to use this property as office premises. (2). Firm was capitalising GST paid, in books, since it is ineligible for ITC credit. (3). The property is still under construction and not completed yet. (4). Now the firm want’s to sale its commercial property. (5). Whether Firm is liable to pay GST on such resale of under construction property?

BY: Hitesh J Pandya

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A small private limited co. makes zero-rated supply (export) without payment of tax and pays freight charges on behalf of overseas buyer. The overseas buyer reimburses the freight charges as per invoice raised by the exporter. As the freight charges are paid by the exporter ITC (@18%) is available to the exporter. Query : Whether the exporter is eligible to claim ITC pertaining to the full amount of freight charges paid by it OR only the unrecoverable amount of freight charges.

BY: Pranab Kumar Bose

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WHETHER TCS ON SALE OF COAL TO TRADER ON HIGH SEAS SALES AGREEMENT APPLIANCE ? PLEASE GOOD BOOKS FOR HIGH SEAS SALES AGREEMENT DRAFT .

BY: CA Chirag Mirani

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Sir one of our client is rendering service for construction of government school buildings and work of phed and pwd. WE have recevied notice from service tax department alleging us to take service tax registration and discharge service tax liablity. He is telling us that you can ignore servie U/s 66D for registration since you are rendering service whether taxable or exempt you have to take registration. Is he correct kindly provide reply quoting proper section as i will use it in my reply

BY: VIPIN GUPTA

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Can a commission agent declare Income under Presumptive Tax @ 50% of commission

BY: Mahesh Kumar

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