Answers to queries on legal issues
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 |
Category: | Income-Tax |
Asked by: | RAJNEE |
Answered by: | Law Intern |
Tags: | 12A registration, charitable trust, registration, Section 12A(1)(ba) |
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 |
Category: | Income-Tax |
Asked by: | Sajjan Kumar |
Answered by: | Law Intern |
Tags: | Circular No. 16/2024 dated November 18 2024, Section 119(2)(b) |
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: | GST |
Asked by: | kollipara sundaraiah |
Answered by: | Law Intern |
Tags: | undisclosed sales |
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: | Income-Tax |
Asked by: | kollipara sundaraiah |
Answered by: | Law Intern |
Tags: | AIS, Form 26AS, Section 194JB |
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 |
Category: | Income-Tax |
Asked by: | Suresh Goyal |
Answered by: | Law Intern |
Tags: | incriminating material, reopening of assessment, Revision of orders prejudicial to revenue, search assessment, section 263 |
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: | Allied Law |
Asked by: | Roma prakash chhugani |
Answered by: | Law Intern |
Tags: | certified physical copy |
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: | GST |
Asked by: | kollipara sundaraiah |
Answered by: | Law Intern |
Tags: | adjustment of GST paid, GST on jewellery |
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: | Income-Tax |
Asked by: | kollipara sundaraiah |
Answered by: | Law Intern |
Tags: | agricultural activities, Agricultural Income |
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: | GST |
Asked by: | kollipara sundaraiah |
Answered by: | Law Intern |
Tags: | CMP-08, RCM, reverse charge mechanism, swiggy & zomato turnover |
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: | Income-Tax |
Asked by: | SIDDHARTH |
Answered by: | Law Intern |
Tags: | charitable trust, corpus, Donation to another charitable Trust |
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)
|