Answers to queries on legal issues

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Property in mothers name purchased from funds of elder son and father-who is real owner
Subject: Property in mothers name purchased from funds of elder son and father-who is real owner
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Asked by: RK Maindola
Answered by:
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Date: June 29, 2021
Excerpt of answer:
It is difficult to advice unless one studies all the documents . If the property is divided by executing Registered deed . The property allotted as per registered deed will prevail . In Shyam Narayan Prasad v. Krishna Prasad and Ors. AIR 2018 Supreme Court 3152 It was held that any document which is not… (read more)
Sale of land used for agricultural by members and investment – Exemption of capital gains .
Subject: Sale of land used for agricultural by members and investment – Exemption of capital gains .
Category: 
Asked by: S PRAKASH
Answered by:
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Date: June 29, 2021
Excerpt of answer:
One has to verify where the land is situated and whether agricultural activities were carried on regularly , who has converted the land as non -agricultural , whether seller or buyer and whether for business purposes of holding as investment . If the land is held as investment, the sale will be long term capital… (read more)
Purchases – Turnover – Case Law on Section , 44AB read with S 271B
Subject: Purchases – Turnover – Case Law on Section , 44AB read with S 271B
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Asked by: S. G. Gandhi and company
Answered by:
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Date: June 28, 2021
Excerpt of answer:
It is reported in (1997) 228 ITR 157 (St ) which reads as under Audit of accounts : Return . Assessee under obligation to get its accounts audited in view of purchase being in excess of Rs 40 lakhs whether return filed on 30 th October 1991 for the assessment year 1991 -92 in time… (read more)
Section 151 . Sanction for issue of notice – Who will be approving authority u/s 151 i.e. JCIT or CIT, considering the extension granted time to time due to Covid Pandemics.
Subject: Section 151 . Sanction for issue of notice – Who will be approving authority u/s 151 i.e. JCIT or CIT, considering the extension granted time to time due to Covid Pandemics.
Category: 
Asked by: S. G. Gandhi
Answered by:
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Date: June 28, 2021
Excerpt of answer:
As per explanation provided in Notification No. 20 & 38 of 2021 it has been clarified that the erstwhile regime of reassessment will continue for Notices whose last date of issuance is March 31, 2021 (Now June 30, 2021). Therefore, section 151 of the Act before the amendment vide Finance Act, 2021 will continue to… (read more)
Holding of NRE account by a foreign citizen , whether interest income is exempt ?
Subject: Holding of NRE account by a foreign citizen , whether interest income is exempt ?
Category: 
Asked by: Martin Joseph Selvaraj
Answered by:
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Date: June 28, 2021
Excerpt of answer:
Firstly, Citizenship is not a test of residency. The NRE account will be exempt from tax. However, the tax payer while filing the return of income will have to compute its tax liability as per its residential status. If the Assessee is a Non-resident, the income earned from the NRE is exempt under section 10(4)(ii)… (read more)
Input tax credit.
Subject: Input tax credit.
Category: 
Asked by: Mohammad Ali, Tax Practitioner
Answered by:
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Date: June 26, 2021
Excerpt of answer:
In response to your query, 1) Input tax credit on cars prima facie is blocked as per section 17(5) of the CGST Act. There are several exceptions to this which could be looked up under 17(5) (a) of the Act. Also, given that this credit is blocked under the Act, capitalising the GST component and… (read more)
Whether deduction of interest paid on house building loan can be claimed as deduction u/s 24 of the Act ?
Subject: Whether deduction of interest paid on house building loan can be claimed as deduction u/s 24 of the Act ?
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Asked by: Aadi Lakshmi
Answered by:
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Date: June 26, 2021
Excerpt of answer:
One has to verify whether the Husband is the Owner of the House property though he is not owner of the Plot .In law the land can be owned by Wife and house property can be owned by the Husband . By an agreement , arrangement or declaration , if wife has allowed the Husband… (read more)
Capital gains without STT , set off of losses .
Subject: Capital gains without STT , set off of losses .
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Asked by: S.A. Mehta
Answered by:
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Date: June 26, 2021
Excerpt of answer:
As per section 70 & 71 of the Income-tax Act, 1961 governing the provisions relating to Set-off of losses, long term Capital Gains can be set-off against long term Capital Gains only. The Legislation has not put any embargo to exclude long term capital loss from sale of shares to be set off against long… (read more)
: Direct Tax Vivad Se Vishwas Act , 2020 – Procedure for payment of tax .
Subject: : Direct Tax Vivad Se Vishwas Act , 2020 – Procedure for payment of tax .
Category: 
Asked by: Dinesh
Answered by:
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Date: June 26, 2021
Excerpt of answer:
No separate challan has been introduced for payment under VSV. Accordingly, same challan which was earlier used for payment of regular demand can be used for payment of amount payable under VSV. The last date for payment without any additional amount has been extended to August 31, 2021 (CBDT Press Release dated June 25, 2021). (read more)
Email id details
Subject: Email id details
Category: 
Asked by: hardik
Answered by:
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Date: June 26, 2021
Excerpt of answer:
Please contact the manager Library ITAT Bar Association Library on working days from 10 .AM to 5.PM Library No is 022-22055138 email is , itatonline.manager@gmail.com . It may not be appropriate to give email in this forum . (read more)