Answers to queries on legal issues

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REJECTION OF 12A REGISTRATION OF OLD TRUST BECAUSE OF WRONG SELECTION OF SUB CLAUSE IN FORM 10AB
Subject: REJECTION OF 12A REGISTRATION OF OLD TRUST BECAUSE OF WRONG SELECTION OF SUB CLAUSE IN FORM 10AB
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Asked by: RAJNEE
Answered by:
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Date: July 22, 2025
Excerpt of answer:
The rejection of a 12A registration due to the wrong sub-clause in Form 10AB is a procedural issue that can be rectified by filing a fresh application with the correct sub-clause and supporting documents. For an old trust previously registered under 12A/12AA, the correct sub-clause is typically (i) for re-registration under 12AB. (read more)
Condonation in filing form 10CCB
Subject: Condonation in filing form 10CCB
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Asked by: Sajjan Kumar
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Date: July 22, 2025
Excerpt of answer:
U/s 119(2)(b), the CBDT is empowered to condone delay and to delegate that power to the PCsIT and the PCCsIT. Circular No. 16/2024 dated November 18, 2024 covers condonation of delays for Forms 9A, 10, 10B, and 10BB for AY 2018-19 and subsequent years under Section 119(2)(b). These guidelines also apply to Form 10CCB. (read more)
Regrding sales of loose bill to be shown in GSTR-9 & IT Return
Subject: Regrding sales of loose bill to be shown in GSTR-9 & IT Return
Category: 
Asked by: kollipara sundaraiah
Answered by:
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Date: July 22, 2025
Excerpt of answer:
As regards GST, the ₹8,00,000 will have to be reported in Table 4A (if reported in the same financial year) or Table 10 (if reported in the next financial year). You may show the tax paid (e.g., ₹1,44,000) in Table 9 or Table 14. As regards ITR, the ₹8,00,000 will have to be included in… (read more)
Sec 194jb income show procedure landlord (doctor) or tenant (doctor) itr returns purpose
Subject: Sec 194jb income show procedure landlord (doctor) or tenant (doctor) itr returns purpose
Category: 
Asked by: kollipara sundaraiah
Answered by:
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Date: July 22, 2025
Excerpt of answer:
The tenant doctor, who provided the professional services, must report the Section 194JB income in their ITR, as it is their professional income. The landlord doctor should not report this income, as it does not pertain to services they provided. Instead, the landlord should report rental income under the head “Income from House Property” (or… (read more)
Regarding reopening of case after period mentioned in 148
Subject: Regarding reopening of case after period mentioned in 148
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Asked by: Suresh Goyal
Answered by:
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Date: July 22, 2025
Excerpt of answer:
It appears the CIT is not justified in invoking section 263. The section 148 proceedings have abated. The issues raised in the section 148 notice can be inquired into by the AO in the section 153C assessment unless only if they are supported by incriminating material. As the satisfaction note explicitly states that no incriminating… (read more)
Non receipt of juducial order
Subject: Non receipt of juducial order
Category: 
Asked by: Roma prakash chhugani
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Date: July 15, 2025
Excerpt of answer:
The certified physical copy takes a lot of time to be despatched. It is best to go to the ITAT office or call them if you need it urgently. (read more)
gst on old gold exchange
Subject: gst on old gold exchange
Category: 
Asked by: kollipara sundaraiah
Answered by:
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Date: July 13, 2025
Excerpt of answer:
GST is payable only on the net value of new jewel after deducting the value of the old jewel or gold coins or gold bars handed over to the jeweller along with gst on making charges of the new jewel. If in the invoice, the jeweller has charged gst on the entire value of new… (read more)
Exemption claiming on Agriculture Income on Lease Agriculture Land
Subject: Exemption claiming on Agriculture Income on Lease Agriculture Land
Category: 
Asked by: kollipara sundaraiah
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Date: July 13, 2025
Excerpt of answer:
If the income is derived from agricultural activities (as defined under Section 2(1A)), it is exempt under section 10(1) of the Income Tax Act. The fact that the land is taken on lease or that lease rent and agricultural expenses are incurred do not affect the exemption. These will, however, reduce the net agricultural income… (read more)
Turnover from Zomato and Swiggy in the GST Composition return (CMP-08)
Subject: Turnover from Zomato and Swiggy in the GST Composition return (CMP-08)
Category: 
Asked by: kollipara sundaraiah
Answered by:
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Date: July 13, 2025
Excerpt of answer:
Sales through Zomato and Swiggy have to be reported in Table 3 of CMP-08 under the column “Outward supplies on which tax is payable by ECO”. Since the ECOs pay the 5% GST, you do not report any tax liability for these supplies. However, the turnover must still be included to reflect your total business… (read more)
12A Registered Trust receive Donation from another 12A Registered Trust
Subject: 12A Registered Trust receive Donation from another 12A Registered Trust
Category: 
Asked by: SIDDHARTH
Answered by:
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Date: July 12, 2025
Excerpt of answer:
As per Circular No. 3/2024 on March 6, 2024 issued by the Central Board of Direct Taxes (CBDT) donations (other than corpus donations) received from another 12A registered trust must be included in the recipient trust’s income for the 85% application calculation. The circular also states that for the donor trust, only 85% of such… (read more)