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Messages - vsaiyar

#46
in our country economic growth is mainly on account of corruption.  This is mainly due to the fact that major part of the transactions are in black money.  The salaried employees are paid salary, but they buy their requirements in cash and those who supply these items are bringing the goods in market unofficially.  When one employee buys flat he has to withdrawn money from bank in cash to pay the builder.  Thus money which are official gets converted into black money or into parallel economy.  This fact is recognised by our honourable PM.  In 1991 when he announced amnesty - and several other amensty schemes are a recognition of this fact.  The government is powerless - napumsak - against these forces and they justify this powerlessness affirming their faith in democracy.
#47
Discussion / Re: Reopening- S.147
November 18, 2012, 04:41:14 PM
please give me the name of the case and assessment year.
#48
Discussion / Re: TAX IMPLICATION
September 27, 2012, 11:07:44 AM
I THINK QUERRIEST IS CONCERNED ABOUT THE FOREIGN PARTY AS TO THE TAX IMPLICATION.  WHETHER THE INCOME PERTAINING TO THE BUSINESS OBTAINED BY THE FOREIGN TRAVEL AGENT FROM INDIA THROUGH THE AGENT IS TAXABLE IN  INDIA AND WHETHER THE INDIAN COUNTERPART WILL BE HELD AS AGENT FOR PURPOSES OF ASSESSMENT.  FURTHER THE FOREIGN TRAVEL AGENT WHETHER WILL BE TREATED AS HAVING A PERMANENT ESTABLISHMENT IN INDIA?  IF THE QUERRIEST CONFIRM THIS IS WHAT HE HAS IN MIND THEN IT CAN BE DEALT.
#49
Discussion / Re: CONCEALING OF INCOME
September 20, 2012, 02:52:15 PM
The two questions raised are: If the income is not disclosed what happens.  If ever the omission is detected then the assessment could be reopened within 4 years.  If not detected by the AO then the said amount remains unaccounted and amounts evasion of tax since you are now aware of the omission.  Whether the said amount could be offered as income for 2011-12 it is submitted that since income does not pertain to this year, if offered for taxation will be taxed in 2011-12, but liability for 2010-11 will continue.
#50
Discussion / Re: CONCEALING OF INCOME
September 20, 2012, 02:46:30 PM
the querry is raised now - it is presumed that the time limit for revising the return has expired.  The AO cannot now issue a notice under sec.143(2) since time limit for issue of notice also has expired.  You can make an application to the CIT under revisionary provisions bring to the notice of the CIT the error and offering the amount for taxation. 
#51
The author should know the theary propounded in ages before i.e. SAMA, DANA, BHEDA AND DANDA.  The first method is Sama - ie. talk nicely and enrol the person to your views.  If does not work for whatever reason, it is advocated to offer a carrot.  i.e. Dana.  If it does not work then the third method is BHJEDA i.e. comparison so that a competitive spirit could be generated.  If all the three methods fail, then it is advised to take the last method i.e. DANDA i.e. punishment.  In India we never advocated Punishment as the first resort
#52
The coupon is given to employee for meals.  What is noticed that the sodexo coupons are used to buy goods from Malls.  If detected this could cause problems.
#53
Discussion / Re: religious activity - section 80G
June 09, 2012, 03:48:25 PM
Among christians there is a function called Holi Communion/baptism before one becomes a christian.  He has to follow the instructions of the Church even in regard to his marriage i.e. announcement in Public of the proposed marriage on three sundays etc.  There are such systems in Islam there is initiation ceremony and circumcision.  The same is true of Jews.  It is only Indians ; i mean those who do not belong to the organised religions; live the natural way without entering into any of these initiations.  Religions are like Trade Unions.  The more the members the more powerful they become.  That is why there is spree among the religious heads to convert people to Islam, Christianity etc.
#54
Discussion / Re: Independence of CIT(A)
June 09, 2012, 03:41:26 PM
The CIT(A) should not be under the administrative authority of the Commissioners of Income-tax or for that matter under the CBDT.  There should be a separate cadre for the appellate authorities with options for promotions.  The promotions could be through the Department of Legal Affairs.  They could come from the Department of Legal affairs instead of Nagpur trained officers.  I would suggest that the designations of the CIT(A) should also be changed so as to erase the impression that they are not in the category of administrative commissioners
#55
Discussion / Re: religious activity - section 80G
June 06, 2012, 09:58:12 PM
it is not advocated that income tax deduction should be based on the degree of organisation of a religion.  The point is that is emphasised is that Hinduism is not a religion irrespective of the fact some may worship Sun, some may worship Sea, Some may Worship Water etc.  and this worship is his personal choice and is not a practice of religion.  The Indians living as a community has adopted all the good principles from all the religions and there was no objections to difference of opinion within the community.  If ever any part of the community declared itself as a religion, there is no proof of it.  So Bhagwat Saptaha is not a religious activity.
#56
Discussion / Re: religious activity - section 80G
June 05, 2012, 10:16:02 PM
Christianity is an organised and so also Islam.  It has a heirarchical system for its administration.  Hindus are not administered by any organisation and it is a culture or tradition followed by the people.  They worship idols, animals, birds, snakes, water, fire, directions, air, sun, moon, creator, protector and recreator etc. according the priority to these they give.  To put these worshippers in one basket and call it a religion is a political ploy to exploit the people and even the judges appears to have fallen in the political trap.
#57
Discussion / GROSS TOTAL INCOME
May 30, 2012, 01:10:58 PM
Nowhere in the Income-tax Act this is defined except in 80B(5).  This definition is applicable only to Chapter VIA.  In my view the meaning of the term "GROSS TOTAL INCOME" is to be understood to cover all the income of the assessee including income falling within section 10, 10A and 10B.  Could anyone explain to me whether I am wrong in my assumption and if so why?
#58
Apart from what is stated by me earlier you may refer to sec.196.  Since the income of MMRDA and CIDCO etc. is not taxable under sec.10 no tax is deductible.
#59
ONCE IT IS ACCEPTED THAT WHAT ONE PAID IS PREMIUM, THAT IS A CAPITAL PAYMENT FOR OBTAINING THE LEASE.  ONE MAY NOTICE THAT IN THE ASSIGNMENT OF LEASE, A SMALL SUM MAY BE MENTIONED AS ANNUAL LEASE RENT.
#60
The rent collect must be for use of some asset.  Either that asset is commercial or residential.  It could be owned or rented.  If the property is owned and it is immovable property then that income should be treated as income from house property.  However the same immovable property being a commercial asset, the rental income received therefore could be treated as business income.  If the property is not owned, the rental income received is to be treated as INCOME FROM OTHER SOURCES.