Answers to queries on legal issues

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HOW TO APPLY CBDT FOR DELAY CONDONATION IN FILING FORM NO 10IF
Subject: HOW TO APPLY CBDT FOR DELAY CONDONATION IN FILING FORM NO 10IF
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Asked by: SAURASHTRA GRAMIN BANK
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Date: June 4, 2026
Excerpt of answer:
Form No. 10-IF is for co-operative societies opting for the concessional tax regime under Section 115BAD. Form 10-IF must be filed on or before the due date for filing the return of income u/s 139(1) in the first year of exercising the option. The option is irrevocable once exercised. To apply for condonation of delay… (read more)
Leave encashment exemption 25 lakh
Subject: Leave encashment exemption 25 lakh
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Asked by: Manjit singh
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Date: June 4, 2026
Excerpt of answer:
In my view, you can avail the remaining exemption limit (up to the balance of ₹25 lakh) for the part amount received in 2025. The exemption limit for leave encashment on retirement or otherwise which was increased from ₹3 lakh to ₹25 lakh via CBDT Notification No. 31/2023, effective from 1 April 2023 (FY 2023-24… (read more)
GST DEMAND FROM DEVELOPERS UNDER RCM ON PAYMENTS MADE TO BMC FOR FSI PREMIUM AND DEVELOPMENT CHARGES
Subject: GST DEMAND FROM DEVELOPERS UNDER RCM ON PAYMENTS MADE TO BMC FOR FSI PREMIUM AND DEVELOPMENT CHARGES
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Asked by: DIMPLE SHARAD SHAH
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Date: June 4, 2026
Excerpt of answer:
The issue whether under Entry 5B (inserted via Notification No. 5/2019-CT(R) w.e.f. 01.04.2019), payments made by a real estate developer the BMC/MCGM for various charges—such as Additional FSI Premium, Fungible FSI Charges, Development Charges, Scrutiny Fees, Staircase Premium, Open Space Deficiency Charges, and other statutory charges under DCR/DCPR attract GST under the RCM is not… (read more)
Time limit to issue order u/s 148A
Subject: Time limit to issue order u/s 148A
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Asked by: Ranidas Bothara
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Date: May 31, 2026
Excerpt of answer:
U/s 148A(d) of the Income-tax Act, the AO has to pass the order within one month from the end of the month in which your client's reply was received. As the reply was filed in April 2026, the AO has till 31st May 2026 to pass the order. (read more)
KOLKATA ITAT DECISIONS ON CLERICAL ERROR IN FORM 3CD
Subject: KOLKATA ITAT DECISIONS ON CLERICAL ERROR IN FORM 3CD
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Asked by: Ambar Nath Majumdar
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Date: May 31, 2026
Excerpt of answer:
The judgement in Deepak Kumar vs. CPC, Bengaluru (ITAT Patna Bench at Kolkata) in I.T.A. No.: 55/PAT/2025, Assessment Year: 2017-18 holds that a clerical/inadvertent mistake in the original Form 3CD cannot lead to adjustments/additions under section 143(1) without proper opportunity to the assessee. It can be downloaded from the official website of the ITAT. Deepak… (read more)
tax applicable guidance required
Subject: tax applicable guidance required
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Asked by: D.K. UPADHAY
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Date: May 31, 2026
Excerpt of answer:
The redevelopment in 2015 has converted the tenancy into an ownership flat. This is treated as acquiring a new asset in exchange for surrendering tenancy rights. As you held the new flat for more than 24 months, it will be a LTCG. The FMV of the tenancy rights + the amount paid for parking +… (read more)
hearing date
Subject: hearing date
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Asked by: Milind joshi
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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
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Asked by: Nilesh Parikh
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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.
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Asked by: SANJAY GUPTA
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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.
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Asked by: Anuradha Gandhi
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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)