Answers to queries on legal issues

If you have a query relating to any legal issue, you can use the form to ask it. We will request our expert panel to provide an answer as soon as possible. This service is for a limited period. So, please avail of it soon

hearing date
Subject: hearing date
Category: 
Asked by: Milind joshi
Answered by:
Tags:
Date: May 28, 2026
Excerpt of answer:
You can check the case status at https://itat.gov.in/judicial/casestatus if you are not able to go to the ITAT's office. (read more)
Sec 56(2)(x) of Income Tax Act
Subject: Sec 56(2)(x) of Income Tax Act
Category: 
Asked by: Nilesh Parikh
Answered by:
Tags:
Date: May 28, 2026
Excerpt of answer:
The transaction here is an "exchange". U/s 50, the consideration for the transferred shop (FMV of the new shop) will have to be reduced from the WDV of the block of assets. The new shop will have to be added to the block. The surplus, if any, will have to be offered to tax. As… (read more)
Capital gain tax on family settlement.
Subject: Capital gain tax on family settlement.
Category: 
Asked by: SANJAY GUPTA
Answered by:
Tags: ,
Date: May 28, 2026
Excerpt of answer:
Yes. A relinquishment for consideration is a transfer of a capital asset and will attract capital gains. The cost paid by the father and his period of holding will be deemed to be the cost and holding period of the brothers. (read more)
Release deed of huf property real sister to real brother in Maharashtra understand at concessional stamp duty.
Subject: Release deed of huf property real sister to real brother in Maharashtra understand at concessional stamp duty.
Category: 
Asked by: Anuradha Gandhi
Answered by:
Tags:
Date: May 28, 2026
Excerpt of answer:
In my view it would qualify under Article 52 as a release concerning ancestral or joint family property. In this case, HUF property is held as joint family assets and should qualify as ancestral property for stamp duty purposes. The daughter constitutes a female coparcener. She is relinquishing her undivided share/interest in this HUF property… (read more)
Capital gain question
Subject: Capital gain question
Category: 
Asked by: kollipara sundaraiah
Answered by:
Tags: ,
Date: May 28, 2026
Excerpt of answer:
In the hands of the donor, a gift will not give rise to capital gains as it is not a "transfer" u/s 47(iii). In the hands of the recipient, gifts from relatives are exempt u/s 56(2). Daughter-in-law qualifies as a relative. The cost and holding period of the donor will be deemed to be that… (read more)
STAMP DUTY ON RELEASE DEED IN MAHARASHTRA ON DEATH OF OWNER and whether release deed by legal heir of parent who owns the immovable and who has expired in favour of Hindu Undivided Family of legal heirs will attract stamp duty of only Rs.500/-and registration fee of Rs.1000/- in Maharashtra?
Subject: STAMP DUTY ON RELEASE DEED IN MAHARASHTRA ON DEATH OF OWNER and whether release deed by legal heir of parent who owns the immovable and who has expired in favour of Hindu Undivided Family of legal heirs will attract stamp duty of only Rs.500/-and registration fee of Rs.1000/- in Maharashtra?
Category: 
Asked by: NILESH PARIKH
Answered by:
Tags: ,
Date: May 2, 2026
Excerpt of answer:
Under Article 52 of Schedule I to the Maharashtra Stamp Act, 1958, a release deed (relinquishment deed) for ancestral property executed by or in favour of specified close blood relatives (or their legal heirs) without consideration attracts a nominal stamp duty of ₹200. However, in your case, the property is not "ancestral" but is self-acquired… (read more)
Case laws in favour of assesse – 273B
Subject: Case laws in favour of assesse – 273B
Category: 
Asked by: S V NAGARAJ
Answered by:
Tags:
Date: May 2, 2026
Excerpt of answer:
S. 273B refers to "reasonable cause" which depends on the facts of the case. Amongst the landmark judgements, you can consider Hindustan Steel Ltd. v. State of Orissa (1972) 83 ITR 26 (SC) which is a foundational judgment on penalties. The Supreme Court held that penalty is not automatic for every breach. It is a… (read more)
CAB deducted leave encashment I had received from the Central Govt. without quoting any reason
Subject: CAB deducted leave encashment I had received from the Central Govt. without quoting any reason
Category: 
Asked by: Ajay Abhyankar
Answered by:
Tags:
Date: May 2, 2026
Excerpt of answer:
It appears to be a mistake. You will have to see their CCS rules. However, generally the position is that the earlier encashment is not deducted. You will have to file a representation and ask for reasons and reconsideration. If this fails you will have to approach the CAT. (read more)
Validity of evidence for purpose of income tax investigation
Subject: Validity of evidence for purpose of income tax investigation
Category: 
Asked by: Mayank Mittal
Answered by:
Tags:
Date: May 2, 2026
Excerpt of answer:
Generally speaking, evidence in income tax investigations must be relevant, reliable, and obtained/handled in compliance with the Income-tax Act and procedural rules. (read more)
LTCG u/s 45(5A) and exemption u/s. 54
Subject: LTCG u/s 45(5A) and exemption u/s. 54
Category: 
Asked by: JAYESH SHAH
Answered by:
Tags: ,
Date: April 27, 2026
Excerpt of answer:
The new flat received from the developer itself qualifies as the reinvestment (“construction” of a new residential house) for purposes of s.54 and exempts the capital gains arising on redevelopment of the old flat. Alternatively, the assessee can use his funds to buy or construct a totally separate flat/ house. In either case, the qualifying… (read more)