Answers to queries on legal issues

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Whether family arrangement can change mode of distribution of property specified in the Will?
Subject: Whether family arrangement can change mode of distribution of property specified in the Will?
Category: 
Asked by: indet
Answered by:
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Date: May 11, 2021
Excerpt of answer:
If the Will becomes enforceable, nothing prevents the beneficiary from transferring his share to other beneficiary. The consequences post a valid transfer will follow. (read more)
Can an Assessing Officer pass a final faceless assessment order , without passing a draft assessment order ?
Subject: Can an Assessing Officer pass a final faceless assessment order , without passing a draft assessment order ?
Category: 
Asked by: Satyanarayann
Answered by:
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Date: May 11, 2021
Excerpt of answer:
The violation of the due process prescribed by law, in the back drop of the fundamental rights granted by the constitution of India is a sufficient reason for the invocation of the Writ Jurisdiction of the Jurisdiction High Court by as Assessee. However, the Courts are loath to interfere in the due process of law… (read more)
Can an Assessing Officer pass the face less assessment order , without giving a reasonable opportunity ?
Subject: Can an Assessing Officer pass the face less assessment order , without giving a reasonable opportunity ?
Category: 
Asked by: Mehta CA
Answered by:
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Date: May 11, 2021
Excerpt of answer:
The violation of the Principles of Natural Justice, in the back drop of the fundamental rights granted by the constitution of India is a sufficient reason for the invocation of the Writ Jurisdiction of the Jurisdiction High Court by as Assessee. However, the Courts are loath to interfere in the due process of law in… (read more)
What is the new procedure for Registration of charitable Trust?
Subject: What is the new procedure for Registration of charitable Trust?
Category: 
Asked by: Swapnil
Answered by:
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Date: May 9, 2021
Excerpt of answer:
The new provision of section 12AB of the Act, was introduced vide Finance Act, 2020. The same was made applicable from April 01, 2021. However, on account of the pandemic, the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 was enacted which further postponed the due date several times. Finally, the… (read more)
Wether Transfer of immoveable property by family arrangement does it attract stamp duty?
Subject: Wether Transfer of immoveable property by family arrangement does it attract stamp duty?
Category: 
Asked by: Anil
Answered by:
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Date: May 9, 2021
Excerpt of answer:
– Stamp Duty on Release Deed is covered by Article 52 of the Maharashtra Stamp Act, 1958. The same is reproduced as under : 52. Release, that is to say, any instrument (not being an instrument as is provided by section 24) whereby a person renounces a claim upon other person or against any specified… (read more)
Can prosecution proceedings be launched before completion of assessment proceedings or pendency of appeal?
Subject: Can prosecution proceedings be launched before completion of assessment proceedings or pendency of appeal?
Category: 
Asked by: Swwapnil
Answered by:
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Date: May 9, 2021
Excerpt of answer:
The Prosecution proceedings are separate and distinct from assessment proceedings. There is no requirement in the Act that assessment proceedings should be completed before launching of prosecution. Prosecution being the most potent weapon in the fight against the tax evasion, it is required that prosecution should be filed at the earliest. In the case of… (read more)
How many years the books of account and other documents shall be kept and maintained by the persons carrying on certain profession u/s 44A(3) of the Act?
Subject: How many years the books of account and other documents shall be kept and maintained by the persons carrying on certain profession u/s 44A(3) of the Act?
Category: 
Asked by: Anil
Answered by:
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Date: May 9, 2021
Excerpt of answer:
As per Rule 6F of Income Tax Rules, 1962, the Books of account and other documents to be kept and maintained under section 44AA(3) by persons carrying on certain professions such as every person carrying on legal, medical, engineering or architectural profession or the profession of accountancy or technical consultancy or interior decoration or authorised… (read more)
whether sale of furniture is liable to capital gains tax?
Subject: whether sale of furniture is liable to capital gains tax?
Category: 
Asked by: Jagdish
Answered by:
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Date: May 9, 2021
Excerpt of answer:
We presume that the stamp Authorities have accepted the value of House property at Rs 95 lakhs shown in the agreement . Furniture is a personal effects as per the definitions u/s Section 2(14)(ii) of the Income -tax Act , 1961 . If the assessee is able to demonstrate that the furniture sold was used… (read more)