Re: [aurangabad_ca] Interesting Practical Query

Tuesday, February 23, 2010 8:29 PM By Livemail

 

 
Dear Freinds,
 
Refer Siddheshwar Sahkari Sakhar Karkhana Ltd. VS CIT (2004) 139 Taxman 434 (SC).  This is about refundable deposit's taxability.  May be of your help.
 
 
Regds,
 
Shamaa
 


 
On Fri, Feb 19, 2010 at 4:38 PM, WRO0208854 Dipesh Gundesha <cadipeshgundesha@icai.org> wrote:
 




Respected professional colleagues,
 
    One of my client XYZ is engaged in providing IT related solutions to its clients. In one of its business segment they carry out following transaction-
 
Transaction:  XYZ purchases CCTV cameras from manufacturers and installs it at various huge projects of renowned builders. Although XYZ directly purchases cameras, it does'nt sell it to builders. It only recovers 30% of value of camera as non-refundable deposit from builder. After such installation XYZ charges a composite amount of say Rs.500/- per month per camera as rent and maintenance charges. This contract is on life long basis and there is no provision in contract regarding refund of deposit or returning back of cameras. XYZ has to look after repairs and maintnace of cameras.
 
Query: 1) What shall be the accounting treatment for such trancaction?
           2) When shall be revenue recognised from Income tax angle? Shall 30% amount recieved shall go to reduce value of cameras in books of accounts of XYZ ?
           3) What will be implication under MVAT Act. Shall such transaction be constured as sale?
 
Detailed insight is seeked from learned members.
Thanking you in anticipation.
 
 
CA Dipesh Gundesha
Kolhapur
9823770030


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