Answers to queries on legal issues

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Father HUF
Subject: Father HUF
Category:  ,
Asked by: Al patel
Answered by:
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Date: June 30, 2025
Excerpt of answer:
The married sisters have no right to claim a share in the HUF as the HUF was partitioned and the assets distributed before the enactment of the Hindu Succession (Amendment) Act, 2005 with effect from September 9, 2005. For the same reason they are non-members and cannot demand details of the HUF. (read more)
Interiors and furniture sale along with house
Subject: Interiors and furniture sale along with house
Category: 
Asked by: Dev
Answered by:
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Date: June 30, 2025
Excerpt of answer:
We can't overrule the Department asking for proof that the interiors are worth the sum allocated to it in the agreement. If possible, mention all items or at least the major items which cost more than ₹50000. (read more)
Dtvsv delay
Subject: Dtvsv delay
Category: 
Asked by: Guhan
Answered by:
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Date: June 25, 2025
Excerpt of answer:
It appears Form 4 has not been fully issued yet, as the "awaiting signed Form 4 from CIT" status indicates that the CIT has not finalized or signed the form. The issuance of Form 4 is only considered complete when the signed copy is available on the portal or communicated to you, confirming the full… (read more)
270A
Subject: 270A
Category: 
Asked by: CA Govind Agrawal
Answered by:
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Date: June 25, 2025
Excerpt of answer:
This will be considered to be "misreporting of income" under Section 270A because the AO has made a specific reference to "misreporting" in the operating paragraph. (read more)
Updated return
Subject: Updated return
Category: 
Asked by: CA GOVIND AGRAWAL
Answered by:
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Date: June 25, 2025
Excerpt of answer:
It depends on why the AO is making the disallowance of the political donation. If the disallowance is due to missing documentation, mistaken belief in eligibility or for bona fide errors, it is likely to be treated as under-reporting attracting 50% penalty. If the disallowance results from deliberate misrepresentation (e.g., falsified receipt, claiming a non-existent… (read more)
Execution of Gift Deed
Subject: Execution of Gift Deed
Category: 
Asked by: CA S K Kochar
Answered by:
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Date: June 21, 2025
Excerpt of answer:
It is not mandatory as shares are movable property and title passes on delivery subject to any conditions in the Articles of Association. (read more)
148A
Subject: 148A
Category: 
Asked by: xyz
Answered by:
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Date: June 21, 2025
Excerpt of answer:
The order passed by AO2 under Section 148A(d) without issuing a notice under Section 129 or a fresh notice under Section 148A(a)/(b) can be challenged before the High Court as being procedurally flawed and invalid. Alternatively, you can participate in the reassessment proceedings while raising these objections and challenge the assessment order in appeal. (read more)
Gold metal on lease to father propertieyship firm
Subject: Gold metal on lease to father propertieyship firm
Category: 
Asked by: Kollipara sundaraiah
Answered by:
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Date: June 21, 2025
Excerpt of answer:
Leasing gold to your father’s jewelry firm and earning interest is permissible under the Income Tax Act, provided the transaction is genuine, documented, and at arm’s length. The interest (whether in gold or cash) is taxable as "Income from Other Sources". (read more)
Capital gain on Sale of flat alloted under redevelopment (Income Tax)
Subject: Capital gain on Sale of flat alloted under redevelopment (Income Tax)
Category: 
Asked by: Rohit J Gupta
Answered by:
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Date: June 18, 2025
Excerpt of answer:
Scenario A appears to be risky as it ignores the issue whether the transfer of development rights under the JDA is a taxable transfer. It appears that section 45(5A) was applicable at that stage and the difference between the stamp duty value and the cost of the old property would be assessed in the year… (read more)
transfer of stock in trade by llp to partner without reconstitution and dissolution?
Subject: transfer of stock in trade by llp to partner without reconstitution and dissolution?
Category: 
Asked by: ABC
Answered by:
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Date: June 17, 2025
Excerpt of answer:
As per the judgements of the Supreme Court in CIT v. Dewas Cine Corporation [1968] 68 ITR 240 (SC) and Malabar Fisheries Co. v. CIT [1979] 120 ITR 49 (SC), the distribution of assets by a partnership firm to its partners upon dissolution or reconstitution is a mutual adjustment of rights and not a taxable… (read more)