Answers to queries on legal issues

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Whether amount invested in renovation of new capital asset with in specified period is eligible deduction u/s 54F of the Ac?
Subject: Whether amount invested in renovation of new capital asset with in specified period is eligible deduction u/s 54F of the Ac?
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Asked by: K K SINGLA ADVOCATE
Answered by:
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Date: May 15, 2021
Excerpt of answer:
As per the provisions of Section 54F, the Assessee can get exemption for remaining sale proceeds which are invested in new capital assets, if the said investments are in the stipulated period as mentioned in section 54F. In Meher R. Surti v. ITO (2014) 61 SOT 5 (URO) / 27 ITR 340 (Mum.)(Trib.) expenditure on… (read more)
Whether income accumulation under section 11 (2) for capital expenditure was added to total revenue and surplus once again accumulated , whether total accumulation be taxed ?
Subject: Whether income accumulation under section 11 (2) for capital expenditure was added to total revenue and surplus once again accumulated , whether total accumulation be taxed ?
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Asked by: Navneet Jerath
Answered by:
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Date: May 15, 2021
Excerpt of answer:
The Hon’ble ITAT Mumbai Bench in the case of B.N. Gamadia Parsi Hunnarshala v. Asstt. DIT (E) [2002] 77 TTJ 274 (Mum) (Trib) observed that under section 11 of the Act, exemption is available only on the income within the meaning of section 11 and not on the ‘deemed income’ under section 11(3) of the… (read more)
What is the principle of mutuality ?
Subject: What is the principle of mutuality ?
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Asked by: Anupam
Answered by:
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Date: May 15, 2021
Excerpt of answer:
In State of West Bengal v Calcutta Club Ltd [2019] 110 taxmann.com 47 (SC) it is held that there can be no trading amongst members and club on account of mutual concern. Read more ; refer : Mutuality under the Income tax Act -origin & Development (read more)
Is an NGO eligible for GST exemption on procurement of covid relief equipment and materials like oxygen concentrator etc.
Subject: Is an NGO eligible for GST exemption on procurement of covid relief equipment and materials like oxygen concentrator etc.
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Asked by: G PRABHAKAR
Answered by:
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Date: May 15, 2021
Excerpt of answer:
Notification No.12/2017-Central Tax (Rate) dated 28th June 2017 exempts services provided by entity registered under Section 12AA of the Income-tax Act, 1961 by way of charitable activities from whole of GST vide entry No. 1 of the notification. With respect to the Goods, the Specified Relief Material including Oxygen Concentrators can be received by an… (read more)
Can Karta of HUF total partition the HUF property and what are the implications under Direct tax and general Law ?
Subject: Can Karta of HUF total partition the HUF property and what are the implications under Direct tax and general Law ?
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Asked by: Agrawal
Answered by:
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Date: May 11, 2021
Excerpt of answer:
Rate of tax on sale of Funds If sold after 3 years from purchase date, long term capital gain tax will be applicable. Current tax rate is the lower of (a) 10 per cent of profit or (b) 20 per cent of profit adjusted after indexation benefits. Any cess/surcharge is not included. One has to… (read more)
Wether father’s property be transferred only on basis of family arrangement ?
Subject: Wether father’s property be transferred only on basis of family arrangement ?
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Asked by: Sangeeta Mehrotra
Answered by:
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Date: May 11, 2021
Excerpt of answer:
It will be treated as Gift and stamp duty will be charged accordingly. (read more)
What precautions be taken when a property of partnership is purchased ?
Subject: What precautions be taken when a property of partnership is purchased ?
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Asked by: Gandhi
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Date: May 11, 2021
Excerpt of answer:
The following are some of the precautions that need to be taken: Direct tax: 1. The stamp duty value of the property is in consonance with the Sale price for the purpose of section 50C and section 56(2)(x) of the Act. 2. Get an undertaking from the partners that there is no tax liability on… (read more)
Wether release of right in the property , will attract stamp duty ?
Subject: Wether release of right in the property , will attract stamp duty ?
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Asked by: Rattan
Answered by:
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Date: May 11, 2021
Excerpt of answer:
A release deed for consideration will attract stamp duty as per Article 52 of the Maharashtra Stamp Act, 1958. (read more)
Outstanding loan has not repaid as the name of the Company was strike of by the ROC , Whether the Assessing Officer can make addition u/s 41 (a) of the Act ?
Subject: Outstanding loan has not repaid as the name of the Company was strike of by the ROC , Whether the Assessing Officer can make addition u/s 41 (a) of the Act ?
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Asked by: Neeraj
Answered by:
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Date: May 11, 2021
Excerpt of answer:
As far as section 41(1)(a) is refers to any amount in respect of such loss or expenditure or some benefit in respect of such trading liability by way of remission or cessation thereof, the amount obtained by such person or the value of benefit accruing to him shall be deemed to be profits and gains… (read more)
In the course of faceless assessment proceedings , the assessee has requested for Video conference , however the order was passed without giving an opportunity of Video Conference , Whether the faceless assessment i s valid in law ?
Subject: In the course of faceless assessment proceedings , the assessee has requested for Video conference , however the order was passed without giving an opportunity of Video Conference , Whether the faceless assessment i s valid in law ?
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Asked by: Ravi
Answered by:
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Date: May 11, 2021
Excerpt of answer:
The right to be heard is a fundamental right of any party to a legal proceedings. The right to the heard is an important The Supreme Court in the case of Rajesh Kumar v. DCIT [2006] 287 ITR 91 (SC) has re-iterated based on Section 136 of the Income-tax Act, 1961, that proceedings before Income-tax… (read more)