Answers to queries on legal issues
| Co-operative Society | |
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| Subject: | Co-operative Society |
| Category: | Income-Tax |
| Asked by: | Pawan Singla |
| Answered by: | Law Intern |
| Tags: | section 80P(2)(a)(iii) |
| Date: | June 20, 2026 |
| Excerpt of answer: |
You may consider relying on the Supreme Court judgement in Mavilayi Service Co-operative Bank Ltd. v. CIT (2021) 431 ITR 1 (SC) where the Court emphasized a liberal, beneficial interpretation of Section 80P. It was held that the exemption for marketing agricultural produce grown by members under 80P(2)(a)(iii) covers cases where the society engages in… (read more)
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| Coverage of para legal services under Section 44ADA of IT Act | |
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| Subject: | Coverage of para legal services under Section 44ADA of IT Act |
| Category: | Income-Tax |
| Asked by: | Neeraj |
| Answered by: | Law Intern |
| Tags: | legal profession, Section 44AA(1), Section 44ADA |
| Date: | June 20, 2026 |
| Excerpt of answer: |
Section 44ADA applies to persons engaged in specified professions listed under Section 44AA(1). The specified professions u/s 44AA(1) include legal, medical etc. The "legal" profession refers to the practice of law by qualified advocates/lawyers (enrolled with a Bar Council). Para-legal services by a student does not constitute carrying on the "legal profession". (read more)
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| CASH PAID ON PURCHASE OF PROPERTY | |
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| Subject: | CASH PAID ON PURCHASE OF PROPERTY |
| Category: | Income-Tax |
| Asked by: | VIMAL KUMAR |
| Answered by: | Law Intern |
| Tags: | section 56(2)(x) |
| Date: | June 20, 2026 |
| Excerpt of answer: |
You will have to submit the agreement dated 2011-12 which mentions the total consideration as ₹24 lakh. Also provide any other evidence (affidavit, bank statements showing source of cash if available, witness statements, etc.) to prove that the payment was genuinely made in 2011-12 and that the registered deed was only for the same agreed… (read more)
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| Sale of immovable assets by a Charitable trust | |
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| Subject: | Sale of immovable assets by a Charitable trust |
| Category: | Income-Tax |
| Asked by: | S.Thyagarajan |
| Answered by: | Law Intern |
| Tags: | charitable trust |
| Date: | June 20, 2026 |
| Excerpt of answer: |
There is no statutory requirement under the Income Tax Act for prior approval from the Director of Exemptions (or any other authority) for the sale of immovable property by a charitable trust registered u/s 12A/12AB. However, if such a clause is there in the trust deed, the trustees are bound by it and will have… (read more)
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| Dairy farming | |
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| Subject: | Dairy farming |
| Category: | Income-Tax |
| Asked by: | Rishab Upreti |
| Answered by: | Law Intern |
| Tags: | Agricultural land, Dairy farming income, Dairy income |
| Date: | June 20, 2026 |
| Excerpt of answer: |
If the land is being assessed to house tax, it implies it is not "agricultural" land and is not entitled to tax exemption. You may check the land records with the Panchayat for a definite answer whether the land is classified as agricultural or not. Income from dairy farming (sale of milk, etc.) is assessable… (read more)
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| HOW TO APPLY CBDT FOR DELAY CONDONATION IN FILING FORM NO 10IF | |
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| Subject: | HOW TO APPLY CBDT FOR DELAY CONDONATION IN FILING FORM NO 10IF |
| Category: | Income-Tax |
| Asked by: | SAURASHTRA GRAMIN BANK |
| Answered by: | Law Intern |
| Tags: | condonation of delay, Form 10-IF, Section 115BAD |
| 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)
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| Leave encashment exemption 25 lakh | |
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| Subject: | Leave encashment exemption 25 lakh |
| Category: | Income-Tax |
| Asked by: | Manjit singh |
| Answered by: | Law Intern |
| Tags: | LEAVE ENCASHMENT EXEMPTION |
| 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)
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| GST DEMAND FROM DEVELOPERS UNDER RCM ON PAYMENTS MADE TO BMC FOR FSI PREMIUM AND DEVELOPMENT CHARGES | |
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| Subject: | GST DEMAND FROM DEVELOPERS UNDER RCM ON PAYMENTS MADE TO BMC FOR FSI PREMIUM AND DEVELOPMENT CHARGES |
| Category: | GST |
| Asked by: | DIMPLE SHARAD SHAH |
| Answered by: | Law Intern |
| Tags: | GST |
| 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)
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| Time limit to issue order u/s 148A | |
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| Subject: | Time limit to issue order u/s 148A |
| Category: | Income-Tax |
| Asked by: | Ranidas Bothara |
| Answered by: | Law Intern |
| Tags: | Section 148A(d) |
| 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)
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| KOLKATA ITAT DECISIONS ON CLERICAL ERROR IN FORM 3CD | |
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| Subject: | KOLKATA ITAT DECISIONS ON CLERICAL ERROR IN FORM 3CD |
| Category: | Income-Tax |
| Asked by: | Ambar Nath Majumdar |
| Answered by: | Law Intern |
| Tags: | Mistake apparent |
| 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)
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