Answers to queries on legal issues

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Claiming Share in Grandfather’s Self-Acquired Property Sold Without Minor Heirs’ Consent
Subject: Claiming Share in Grandfather’s Self-Acquired Property Sold Without Minor Heirs’ Consent
Category: 
Asked by: Vinaya
Answered by:
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Date: April 7, 2025
Excerpt of answer:
Prima facie, it appears that you, your aunt's son do not have a legal right to the property or its sale proceeds as it was your grandfather’s self-acquired property. Upon his death, the property devolved on your father, aunt and grandmother and they became the legal owners and were free to sell it. A claim… (read more)
Ca certified by gst sales turnover
Subject: Ca certified by gst sales turnover
Category: 
Asked by: Kollipara sundaraiah
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Date: April 7, 2025
Excerpt of answer:
There is no requirement under the GST Act for a CA certificate to be obtained by a non-registered dealer with a turnover which is less than the threshold limit of Rs. 40 lakhs. However, the dealer must maintain proper records to show the turnover if asked. (read more)
Subscription Annual fees
Subject: Subscription Annual fees
Category: 
Asked by: G.K. GARGIEYA
Answered by:
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Date: April 3, 2025
Excerpt of answer:
Sir, all the unreported judgements are free to download at this link https://itatonline.org/digest/all-judgements/. A summary of the reported judgements are posted here: https://itatonline.org/digest/. If you need the pdf of any particular judgement, you may download it from the Court's website. Alternatively, you may ask us for it. (read more)
Wrong / Non Reporting of Composition Turnover
Subject: Wrong / Non Reporting of Composition Turnover
Category: 
Asked by: kollipara sundaraiah
Answered by:
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Date: April 3, 2025
Excerpt of answer:
You must file the overdue CMP-08 forms for the three quarters (April-June 2024, July-September 2024, and October-December 2024) immediately along with applicable late fees and interest. You should report the actual sales turnover for the period 1st April 2024 to 31st December 2024 in the CMP-08 returns. The department’s mentioned sales turnover of Rs. 10… (read more)
Itr and balance sheet and bank account required
Subject: Itr and balance sheet and bank account required
Category: 
Asked by: Kollipara sundaraiah
Answered by:
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Date: April 2, 2025
Excerpt of answer:
The GST officer is entitled to ask for various documents, including Income Tax Returns (ITR), balance sheets, and bank account statements, during an audit, inspection, or scrutiny process to verify the correctness of GST compliance. These may be required to cross-check the turnover, input tax credit (ITC) claims, tax payments, and other financial details reported… (read more)
Rejection of DTVSV application after payment of tax & filing of Form 3
Subject: Rejection of DTVSV application after payment of tax & filing of Form 3
Category: 
Asked by: Sandeep Goel
Answered by:
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Date: April 1, 2025
Excerpt of answer:
It appears the rejection order is based on the assumption that the payment is after 15 days of February 17. However, this would be wrong as as the time limit for payment is 15 days from the date of receipt (March 23). An appeal cannot be filed against the rejection order. However, a writ petition… (read more)
Purchase of T-shirt with school logo
Subject: Purchase of T-shirt with school logo
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Asked by: Sumit
Answered by:
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Date: April 1, 2025
Excerpt of answer:
The answer depends on whether the contract is a "works contract" or a "sale contract". If the supplier procures the t-shirts and prints the school logo using their own materials, delivering a finished product to the school, this is a sale of goods, and TDS under Section 194C does not apply. If the school provides… (read more)
Car purchase transaction
Subject: Car purchase transaction
Category: 
Asked by: Kollipara sundaraiah
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Date: March 30, 2025
Excerpt of answer:
If the car is actually used for business or professional purposes (e.g., client visits, deliveries, or other business-related activities), it can be shown as an asset in the balance sheet and be eligible for depreciation. (read more)
income tax notice for penalty
Subject: income tax notice for penalty
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Asked by: TAPAS RANJAN PANI
Answered by:
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Date: March 27, 2025
Excerpt of answer:
Under the erstwhile Section 271(1)(c), it was held in CIT v. Suresh Chandra Mittal [2001] 251 ITR 9 (SC) that penalty for concealment cannot be levied if the taxpayer has disclosed income in a return filed under Section 148. The same principle applies u/s 270A if there is no "under-reporting" or "misreporting" in the return.… (read more)
Price discrepancy
Subject: Price discrepancy
Category: 
Asked by: Chetan
Answered by:
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Date: March 27, 2025
Excerpt of answer:
The builder's offer of a uniform 100 sq. yard flat to all, regardless of original flat sizes (40, 55, or 72 sq. yards), appears to be unfair for owners of larger flats. If the society is forcing an unfair deal or bypassing your rights, you are entitled to file a complaint with the Registrar. The… (read more)