Answers to queries on legal issues
| TAX EXEMPTION CLAIMED IN 80IAC FOR STARTUP- IS FORM 10CCB FILING COMPULSORY | |
|---|---|
| Subject: | TAX EXEMPTION CLAIMED IN 80IAC FOR STARTUP- IS FORM 10CCB FILING COMPULSORY |
| Category: | Income-Tax |
| Asked by: | MUKESH |
| Answered by: | Law Intern |
| Tags: | form 10CCB |
| Date: | February 8, 2026 |
| Excerpt of answer: |
Yes, filing Form 10CCB is mandatory. Reply to the CPC and provide a copy. If direct upload is not permitted, upload it using the 'grievance' or 'e-proceeding' mechanism. If the CPC does not accept, you will have to file an appeal before the CIT(A). (read more)
|
| Karan Maheshwari v. ACIT (2024)465 ITR 232 (Bom)(HC) | |
|---|---|
| Subject: | Karan Maheshwari v. ACIT (2024)465 ITR 232 (Bom)(HC) |
| Category: | Income-Tax |
| Asked by: | Ashis Chakraborty |
| Answered by: | Law Intern |
| Tags: | Reassessment, slp |
| Date: | February 8, 2026 |
| Excerpt of answer: |
Yes. SLP was filed but was dismissed on 17th July 2025 due to delay. (read more)
|
| Cash deposits in another bank by a banking company | |
|---|---|
| Subject: | Cash deposits in another bank by a banking company |
| Category: | Income-Tax |
| Asked by: | Suprakas Chaudhuri |
| Answered by: | Law Intern |
| Tags: | Section 69A |
| Date: | February 8, 2026 |
| Excerpt of answer: |
1. No. S. 69A cannot apply because the deposits represent the bank's assets sourced from customer liabilities (deposits received) which are duly recorded in the bank's books of account as transfers from cash-in-hand to bank balances. The amounts are explained and accounted for. 2. No. S. 69A applies to unexplained assets (e.g., money owned by… (read more)
|
| TDS not carried forwarded therefore not available in next year | |
|---|---|
| Subject: | TDS not carried forwarded therefore not available in next year |
| Category: | Income-Tax |
| Asked by: | karan goyal |
| Answered by: | Law Intern |
| Tags: | TDS credit |
| Date: | February 8, 2026 |
| Excerpt of answer: |
U/s 199 of the Income Tax Act, TDS credit has to be claimed in the year in which the corresponding income is offered to tax. You can file an appeal against the CPC intimation order directly before the CIT(A) u/s 246A, even while the rectification request is pending. There is no bar against this. (read more)
|
| TDS DEDUCTION IS APPLICABLE ON HARDSHIP UNDER REDEVELOPMENT? | |
|---|---|
| Subject: | TDS DEDUCTION IS APPLICABLE ON HARDSHIP UNDER REDEVELOPMENT? |
| Category: | Income-Tax |
| Asked by: | U.V. GIRI |
| Answered by: | Law Intern |
| Tags: | hardship compensation, redevelopment, TDS deducted |
| Date: | February 8, 2026 |
| Excerpt of answer: |
No. Hardship allowance paid by developers to flat owners/members during redevelopment (for inconvenience, displacement, shifting, etc) is a capital receipt & not a revenue/income receipt. This means it is not taxable as income in the hands of the recipient and so there is no TDS. See No TDS on hardship and other sums and Sarfaraz… (read more)
|
| Retirement Encashment received in FY 2023 – 24 | |
|---|---|
| Subject: | Retirement Encashment received in FY 2023 – 24 |
| Category: | Income-Tax |
| Asked by: | Pranab Kumar Gupta |
| Answered by: | Law Intern |
| Tags: | LEAVE ENCASHMENT EXEMPTION |
| Date: | February 8, 2026 |
| Excerpt of answer: |
The law on whether you are entitled to the higher exemption as per CBDT Notification No. 31/2023 dated May 24, 2023 is not clear. Although the notification is effective from April 1, 2023 (FY 2023-24/AY 2024-25), several ITAT Benches have ruled in favor of retrospective application to earlier years, treating it as a beneficial and… (read more)
|
| Valuation of Jewellery | |
|---|---|
| Subject: | Valuation of Jewellery |
| Category: | Income-Tax |
| Asked by: | CA Mohan L. Paranjape |
| Answered by: | Law Intern |
| Tags: | 44AD, Sec 44AA |
| Date: | February 8, 2026 |
| Excerpt of answer: |
Valuation of jewellery appears to involve "technical consultancy" since it requires technical knowledge. If so, it will constitute a "specified profession" and fall u/s 44AA(1). These professions are not eligible u/s 44AD. (read more)
|
| Applicability of Section 79A on set-off of losses | |
|---|---|
| Subject: | Applicability of Section 79A on set-off of losses |
| Category: | Income-Tax |
| Asked by: | AMAR JEET SINGH |
| Answered by: | Law Intern |
| Tags: | Search and Seizure, search assessment, Section 79A |
| Date: | February 8, 2026 |
| Excerpt of answer: |
1. No. As there is no finding that the books are incorrect or unreliable and have not been rejected. The sales have been accepted. No specific defects in the accounts (such as unverifiable purchases, fictitious transactions etc) have been found. Further, as the GP margin is admittedly 0.10%, the arbitrary addition of 10% is not… (read more)
|
| Can wife become karta on death of husband | |
|---|---|
| Subject: | Can wife become karta on death of husband |
| Category: | Income-Tax |
| Asked by: | Rashmi |
| Answered by: | Law Intern |
| Tags: | HUF |
| Date: | February 8, 2026 |
| Excerpt of answer: |
A wife/widow is not eligible to become Karta because she is not a coparcener in her husband's HUF. The wife enters the family via marriage and not birth. However, the senior-most daughter, if adult, can become a Karta as she entered the family by birth. If all the coparceners are minor, the wife/widow can act… (read more)
|
| taxation on gold/ silver ETF | |
|---|---|
| Subject: | taxation on gold/ silver ETF |
| Category: | Income-Tax |
| Asked by: | snehal |
| Answered by: | Law Intern |
| Tags: | Capital Gains |
| Date: | February 8, 2026 |
| Excerpt of answer: |
Yes. STCG on gold or silver ETFs is added to the total taxable income and taxed at slab rates. if the overall income (including the STCG) remains within the basic exemption limit, the effective tax liability would be zero. (read more)
|