Answers to queries on legal issues
| Payment of arrears under DTVSV | |
|---|---|
| Subject: | Payment of arrears under DTVSV |
| Category: | Income-Tax |
| Asked by: | Kushaal Agarwal |
| Answered by: | Dr .K. Shivaram Senior Advocate |
| Tags: | arrear, DTVSVS |
| Date: | March 8, 2022 |
| Excerpt of answer: |
Make an representation before CBDT . In case no response is received file writ before High Court . (read more)
|
| Cross objection | |
|---|---|
| Subject: | Cross objection |
| Category: | Income-Tax |
| Asked by: | Shetty A.V.Advocate |
| Answered by: | Dr .K. Shivaram Senior Advocate |
| Tags: | Appellate Tribunal, cross objection, question of law |
| Date: | March 5, 2022 |
| Excerpt of answer: |
Section 253 (4), Rule 47(2) ,Form No 36A deals with filling cross objection . Cross objection has to be filed within 30 days on which receipt of notice of appeal communicated to the assessee or to the Principal Commissioner or Commissioner filed by the opposite party . There is no fees prescribed for filing of… (read more)
|
| Section 50C applicablity | |
|---|---|
| Subject: | Section 50C applicablity |
| Category: | Income-Tax |
| Asked by: | Hinal Shah |
| Answered by: | Dr .K. Shivaram Senior Advocate |
| Tags: | 50C, Capital Gains, sale of depreciable assets |
| Date: | March 4, 2022 |
| Excerpt of answer: |
In Chhabria Trust v. ACIT ( 2003 ) 87 ITD 181 (SB)( Mum)(Trib) held that Assessee-trust, having ceased to carry on its business from assessment year 1985-8 Sold its factory premises and declared income as long-term gains . Assessing Officer brought it to tax as short-term capital gains on ground that assessee having availed depreciation… (read more)
|
| Sec 24 b | |
|---|---|
| Subject: | Sec 24 b |
| Category: | Income-Tax |
| Asked by: | Vikas |
| Answered by: | Dr .K. Shivaram Senior Advocate |
| Tags: | House property interest paid, income from house property |
| Date: | February 26, 2022 |
| Excerpt of answer: |
If the house property is shown as the property of the Husband though the sale deed in the name of the wife , the assesse can claim the interest paid on the loan borrowed for acquisition of the House property .One has to verify who has paid other contribution such as initial payment to builder… (read more)
|
| 40A(2) disallowence when both taxed at MMR | |
|---|---|
| Subject: | 40A(2) disallowence when both taxed at MMR |
| Category: | Income-Tax |
| Asked by: | CA Subodh Vora |
| Answered by: | Dr .K. Shivaram Senior Advocate |
| Tags: | evasion of tax, Payment to sister concern, Section 40A(2) |
| Date: | February 26, 2022 |
| Excerpt of answer: |
As per Board Circular No No. 6-P dated July 1968, (C& P Vol .2 -P. 2431 -32 ) no disallowance was to be made under sec. 40A(2) in respect of payment made to the relatives and sister concern where there was no attempt to evade tax. After referring the Circular, Bombay High Court in CIT… (read more)
|
| Assessment on company converted into company | |
|---|---|
| Subject: | Assessment on company converted into company |
| Category: | Income-Tax |
| Asked by: | JAYSHREE |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Assessment, Company converted in to LLP, issue of notice |
| Date: | February 26, 2022 |
| Excerpt of answer: |
It is a well settled position in law that assessment cannot be made in the name of a non-existing entity. The Hon’ble Supreme Court in the case of PCIT v. Maruti Suzuki India Ltd. [2019] 107 taxmann.com 375 (SC) where during pendency of assessment proceedings, assessee company was amalgamated with another company and thereby lost… (read more)
|
| CAPITAL GAIN | |
|---|---|
| Subject: | CAPITAL GAIN |
| Category: | Income-Tax |
| Asked by: | ALPESH MODI |
| Answered by: | Reply of the Expert is awaited; |
| Tags: | Capital Gains |
| Date: | February 26, 2022 |
| Excerpt of answer: | Reply of the Expert is awaited. Please check back later |
| ITR by deceased tax payer | |
|---|---|
| Subject: | ITR by deceased tax payer |
| Category: | Income-Tax |
| Asked by: | CA SUBHASH SINGHAL |
| Answered by: | Reply of the Expert is awaited; |
| Tags: | return of deceased |
| Date: | February 26, 2022 |
| Excerpt of answer: | Reply of the Expert is awaited. Please check back later |
| Section 54F | |
|---|---|
| Subject: | Section 54F |
| Category: | Income-Tax |
| Asked by: | Rakesh Uniyal |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | capital gains account scheme, construction of new house, Reassessment, Section 54F deduction |
| Date: | February 25, 2022 |
| Excerpt of answer: |
Section 54F of the Income-tax Act, 1961 (Act) is a beneficial provision granting exemption to the assessee. The Hon’ble Karnataka High Court in the case of CIT v. Smt. B.S. Shanthakumari 2015] 60 taxmann.com 74 (Karnataka)where assessee sold a property on 6-10-2008 and purchased another residential plot on 13-10-2008 and commenced construction, which was not… (read more)
|
| Sale consideration of immovable property received in cash above prescribed limits will attract penal proceedings if the transaction is genuine | |
|---|---|
| Subject: | Sale consideration of immovable property received in cash above prescribed limits will attract penal proceedings if the transaction is genuine |
| Category: | Income-Tax |
| Asked by: | Cathy |
| Answered by: | Reply of the Expert is awaited; |
| Tags: | penalty u/s 271D |
| Date: | February 24, 2022 |
| Excerpt of answer: | Reply of the Expert is awaited. Please check back later |