Answers to queries on legal issues
| CONDONATION FOR DELAY IN FILING ITAT APPEAL | |
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| Subject: | CONDONATION FOR DELAY IN FILING ITAT APPEAL |
| Category: | Income-Tax |
| Asked by: | MOTI |
| Answered by: | Dr .K. Shivaram Senior Advocate |
| Tags: | condonation of delay, writ petition |
| Date: | May 15, 2022 |
| Excerpt of answer: |
The assessee can file writ petition before the High Court at the earliest . The High Court may condone the delay . In Vijay Vishin Meghani v. DCIT ( 2017) 398 ITR 250 /160 DTR 33 / 251 Taxman 270 / 299 CTR 463 ( Bom)(HC) , the delay of 2984 days in filing the… (read more)
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| Papers about On Money on sale of Land U/Sec. 133A of the Act 1961 | |
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| Subject: | Papers about On Money on sale of Land U/Sec. 133A of the Act 1961 |
| Category: | Income-Tax |
| Asked by: | Sethiya manoj |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | on money, rate of tax, survey |
| Date: | May 14, 2022 |
| Excerpt of answer: |
The Hon’ble ITAT Gauhati Bench in the case of Shri Abdul Hannan v. ITO ITA 46/Gau/2019 dated July 17, 2020 held that where the assessing officer has applied his mind and treated the undisclosed amount in bank account as undisclosed business receipt or turnover of the assessee, therefore provisions of section 115BBE of the Act… (read more)
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| Time limit to purchase new property to claim exemption u/s 54/54F | |
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| Subject: | Time limit to purchase new property to claim exemption u/s 54/54F |
| Category: | Income-Tax |
| Asked by: | Samruddhi Athanikar |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Capital Gains, conversion of capital asset in to stock in trade, Exemption |
| Date: | May 13, 2022 |
| Excerpt of answer: |
: This is a debatable issue. The intention of the legislature while enacting section 54 and 54F of the Income-tax Act, 1961(Act) is to ensure that the capital of the assessee is not eroded. Expecting an assessee to invest under section 54 and 54F of the Act, albeit the Capital Gain accrues at a much… (read more)
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| bank account of HUF | |
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| Subject: | bank account of HUF |
| Category: | General Law, Income-Tax |
| Asked by: | Harish Arora |
| Answered by: | Dr .K. Shivaram Senior Advocate |
| Tags: | bank account, HUF |
| Date: | May 7, 2022 |
| Excerpt of answer: |
Yes . Karta can authorise by giving Power of Attorney to Co -Parcener of HUF to be signatory in Bank Account on behalf of HUF (read more)
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| CONDONATION OF DELAY | |
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| Subject: | CONDONATION OF DELAY |
| Category: | Income-Tax |
| Asked by: | PARAS CHHAJED |
| Answered by: | Dr .K. Shivaram Senior Advocate |
| Tags: | condonation of delay |
| Date: | May 7, 2022 |
| Excerpt of answer: |
It is desirable to file an application for condonation of delay along with affidavit explaining the facts which will help the Tribunal or Appellate Authority to pass the order for condonation of delay . (read more)
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| strike off by roc can AO pass orders under section 144 and tax | |
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| Subject: | strike off by roc can AO pass orders under section 144 and tax |
| Category: | Income-Tax |
| Asked by: | Narayana murthy auditors |
| Answered by: | Advocate Neelam Jadhav |
| Tags: | dead person, Strike off by Registrar of Company |
| Date: | May 7, 2022 |
| Excerpt of answer: |
Section 176 of the Income - tax Act, deals with the provision relating to discontinues business, where any business or profession is discontinued in any assessment year, the income of the previous year up to the date of discontinued may, discretion of the Assessing officer be charged tax in that Assessment Year. Sub section (3)… (read more)
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| Application for registration or provisional registration or intimation or approval or provisional approval u/s 12A/10(23C)/80G/35 Form No.10A | |
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| Subject: | Application for registration or provisional registration or intimation or approval or provisional approval u/s 12A/10(23C)/80G/35 Form No.10A |
| Category: | Income-Tax |
| Asked by: | MOHAMED ALI |
| Answered by: | Reply of the Expert is awaited; |
| Tags: | charitable trust |
| Date: | May 7, 2022 |
| Excerpt of answer: | Reply of the Expert is awaited. Please check back later |
| reassessment under 148/149 time limit | |
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| Subject: | reassessment under 148/149 time limit |
| Category: | Income-Tax |
| Asked by: | rajes |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | limitattioon, Re assessment, Reassessment notice |
| Date: | May 7, 2022 |
| Excerpt of answer: |
By virtue of first proviso to section 149 of the Income-tax Act, 1961 (Act), No notice under section 148 of the Act shall be issued if such notice could not have been issued at that time on account of being beyond the time limit specified under the erstwhile provisions, as they stood immediately before the… (read more)
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| GST on corporate guarantee | |
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| Subject: | GST on corporate guarantee |
| Category: | GST |
| Asked by: | CA Subodh vora |
| Answered by: | Advocate C.B.Thakar |
| Tags: | corporate guarantee, GST, GST on corporate guarantee |
| Date: | May 6, 2022 |
| Excerpt of answer: |
Providing corporate guarantee per-se will not be providing of any service. However when against giving guarantee consideration is received, such amount will be for supply and liable to GST subject to other provisions. If no such consideration is received there is no taxable ‘supply’. However, as per query it appears that the entities are related… (read more)
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| Impact of Decision of SC on reassessment proceedings started with notices issued under old act after 1.04.20211 | |
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| Subject: | Impact of Decision of SC on reassessment proceedings started with notices issued under old act after 1.04.20211 |
| Category: | Income-Tax |
| Asked by: | Manoj |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Reassessment, Reassessment notice, Supreme Court |
| Date: | May 5, 2022 |
| Excerpt of answer: |
a. The procedure for pending assessments has been laid down by the Hon’ble Supreme Court in the case of UOI v. Ashish Agarwal [2022] 138 taxmann.com 64 (SC) at para 8 of the Judgement. b. The Hon’ble Bombay High Court in the case of Sai Cylinders Private Limited v. ACIT WP No. 3555 of 2021… (read more)
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