Answers to queries on legal issues

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When the assessment order is passed in the old name of the Company . when the name is changed and informed the Assessing Officer , whether the assessment is valid ?
Subject: When the assessment order is passed in the old name of the Company . when the name is changed and informed the Assessing Officer , whether the assessment is valid ?
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Asked by: CA AMIT N DESAI
Answered by:
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Date: May 22, 2021
Excerpt of answer:
It seems only the name of the Company is changed and Permanent Account No remains the change . The mistake is a curable defect under section 292B of the Act. It may be desirable for the assessee to write an letter to the Assessing Officer to change the name in the assessment order by passing… (read more)
CAN ADDITIONAL EVIDENCE UNDER RULE 46A BE ADMITTED BY APPELLATE AUTHORITY WHEN THE ASSESSEE WAS NOT ABLE TO FURNISH THE SAME DURING ASSESSMENT STAGE?
Subject: CAN ADDITIONAL EVIDENCE UNDER RULE 46A BE ADMITTED BY APPELLATE AUTHORITY WHEN THE ASSESSEE WAS NOT ABLE TO FURNISH THE SAME DURING ASSESSMENT STAGE?
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Asked by: KARAN SHAH
Answered by:
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Date: May 22, 2021
Excerpt of answer:
The assessee should make an application for admitting additional evidence as per Rule 46A of the Income -tax Rules , 1962 . The assessee should provide detailed reason why the additional evidence could not be filed . It is desirable to file the affidavit in support of application . If evidence produced by assessee is… (read more)
Whether reassessment notice issued by Deputy Commissioner of Income tax is valid ?
Subject: Whether reassessment notice issued by Deputy Commissioner of Income tax is valid ?
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Asked by: Surender singhal
Answered by:
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Date: May 20, 2021
Excerpt of answer:
If the Notice has been issed prior to April 01, 2021, the erstwhile law pertaining to reassessment shall apply; If the Notice is after 1-4 -2021 , the new provisions of reassessment shall apply. Memorandum explaining the provision states that the amendments will take effect from Ist April , 2021 ( 2020) 430 ITR 214… (read more)
Whether issue of reassessment notice is valid merely on the ground that property sold was not registered ?
Subject: Whether issue of reassessment notice is valid merely on the ground that property sold was not registered ?
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Asked by: Srsconfirm@gmail.com
Answered by:
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Date: May 19, 2021
Excerpt of answer:
As per Section 148A the Assessing Officer has to conduct inquiry , if required with the prior approval of specified authority and has to serve the notice . You are right registration is not the deciding factor as long as the capital asset is long term the assessee is eligible for exemption . (read more)
Whether payment to unauthorised occupant for vacating the land is allowable as deduction as cost of improvement ?
Subject: Whether payment to unauthorised occupant for vacating the land is allowable as deduction as cost of improvement ?
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Asked by: ca vinay v kawdia
Answered by:
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Date: May 19, 2021
Excerpt of answer:
In CIT v. Eagle Theatres (2012) 205 Taxman 449 (Delhi)(HC) the Court held that the amount paid to tenant for vacating the premises is allowable as deduction while computing the capital gains In CIT v. Mohd. V. Shaffiulla (2012) 210 Taxman 613(Karn.)(HC) the Court held that the payments to remove slum dwellers held to be… (read more)
Sale of ancestral agricultural land after converting in to NA , how to compute the capital gains ?
Subject: Sale of ancestral agricultural land after converting in to NA , how to compute the capital gains ?
Category: 
Asked by: ca vinay v. kawdia
Answered by:
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Date: May 19, 2021
Excerpt of answer:
Section 55 and the head of capital gains refers to the transfer of a capital asset. An agricultural land is not a capital asset under the scheme of Income-tax Act, 1961. Therefore, FMV of NA on the date of conversion may be taken into consideration, also the period of holding will be considered from the… (read more)
Whether distribution of capital asset at the time of dissolution of firm is covered ?
Subject: Whether distribution of capital asset at the time of dissolution of firm is covered ?
Category: 
Asked by: ca vinay v. kawdia
Answered by:
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Date: May 19, 2021
Excerpt of answer:
Although the words of the newly introduced section 45(4) of the Income-tax Act, 1961 (Act) does not refer to a situation of dissolution; The Memorandum to the Finance Bill 2021 has clarified that the newly proposed sub-section (4) of section 45 of the Act applies in a case where a specified person who receives during… (read more)
Whether interest on compensation received under land acquisition Act is taxable ?
Subject: Whether interest on compensation received under land acquisition Act is taxable ?
Category: 
Asked by: ca vinay v kawdia
Answered by:
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Date: May 19, 2021
Excerpt of answer:
The judgment has to be read in the contest in which it was rendered. When the Supreme Court rendered the judgment in Ghanshyam (HUF) [2009] 315 ITR 1 (SC), there was no provison for taxing the interest on enhanced compensation . The Punjab and Haryana High Court in Mahender Pal Narang v. CBDT [2020] 120… (read more)
WHETHER APPEAL AND DRC AGAINST SAME ORDER PERMISSIBLE?
Subject: WHETHER APPEAL AND DRC AGAINST SAME ORDER PERMISSIBLE?
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Asked by: Moti
Answered by:
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Date: May 19, 2021
Excerpt of answer:
As we understand the Dispute Resolution Committee is not yet constituted. (read more)
Whether professional fee paid to obtain Private Equity is a revenue expenditure?.
Subject: Whether professional fee paid to obtain Private Equity is a revenue expenditure?.
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Asked by: Cheeran varghese
Answered by:
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Date: May 18, 2021
Excerpt of answer:
The Hon’ble Supreme Court in the case of DCIT v. Raghuvir Synthetics Ltd. [2017] 394 ITR 1 (SC) held that Expenditure incurred on public issue of shares was in nature of capital expenditure. Although, in the given case, the assessee has paid fee for private equity, in substance it is a transaction to raise funds… (read more)