Answers to queries on legal issues
| Direct Tax Vivad se Viswas Act. | |
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| Subject: | Direct Tax Vivad se Viswas Act. |
| Category: | Income-Tax |
| Asked by: | Disha shah |
| Answered by: | Research Team |
| Tags: | Direct Tax Vivad se Viswas Act, payment of additional tax |
| Date: | November 4, 2021 |
| Excerpt of answer: |
31 -10 -2021 was Last date for beneficial payment under the VSV Act, 2020 extended by CBDT, vide Notification No.75 of 2021 dated June 25, 2021(2021) 435 ITR (St) 25 Please refer CBDT Circular No. 18 of 2020 dated October 28, 2020 428 ITR (St) 104 relaxing the period of 15 days from the date… (read more)
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| credit of payment of taxes under IDS to declaration under DTVSVS | |
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| Subject: | credit of payment of taxes under IDS to declaration under DTVSVS |
| Category: | Income-Tax |
| Asked by: | Ruchi Bhansali |
| Answered by: | Research Team |
| Tags: | Credit for payment of tax, VSVS |
| Date: | November 3, 2021 |
| Excerpt of answer: |
The assessee may have to file writ before the High Court. There is no other remedy (read more)
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| HUF | |
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| Subject: | HUF |
| Category: | General Law |
| Asked by: | RAJENDRA CHHAOCHHARIA |
| Answered by: | Research Team |
| Tags: | HUF, Motor Vehicle Act |
| Date: | November 3, 2021 |
| Excerpt of answer: |
Motor Vehicles Act, 1988 does not recognise the HUF as the owner . As per section 2.(30) the owner means a person in whose name a motor vehicle stands registered ----- Section 50 of the Act deals with Transfer of ownership when the person on whose name a Motor vehicle stands registered dies . The… (read more)
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| can the amount deposited in the account of wife on selling of land can be considered as gift under section 56(2)(vii), to the relative without any gift deed. | |
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| Subject: | can the amount deposited in the account of wife on selling of land can be considered as gift under section 56(2)(vii), to the relative without any gift deed. |
| Category: | Income-Tax |
| Asked by: | KULDIP SINGH VIRK |
| Answered by: | Research Team |
| Tags: | advance paid to wife, clubbing, Gift |
| Date: | November 1, 2021 |
| Excerpt of answer: |
If the amount is given as Loan neither the provision of section 56(2) (viii) is applicable nor provision of section 64 (1)(iv) of the Income -tax Act. Treatment in the books of the account and in the books of account of the wife is relevant factor to decide whether it is gift or loan .… (read more)
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| filing of form for getting approval u/s 35 | |
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| Subject: | filing of form for getting approval u/s 35 |
| Category: | Income-Tax |
| Asked by: | seetharaman |
| Answered by: | Research Team |
| Tags: | application, condonation of delay, Scientific research |
| Date: | November 1, 2021 |
| Excerpt of answer: |
The assessee has to fulfil the conditions prescribed and has to be approved by the prescribed authority .The assessee should make an application and should specify that company may be approved for the year 2020 -21 , with effect from a particular date . The Prescribed Authority may approve the application retrospectively , if all… (read more)
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| Jurisdiction of sec 153C | |
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| Subject: | Jurisdiction of sec 153C |
| Category: | Income-Tax |
| Asked by: | B Sunil Kumar |
| Answered by: | Research Team |
| Tags: | issue of notice, Search and Seizure |
| Date: | November 1, 2021 |
| Excerpt of answer: |
Issue of notice u/s 153C cannot be challenged . In CIT v. Vijaybhai N. Chandrani (2013) 357 ITR 713/217 Taxman 138/91 DTR 202/261 CTR 225 (SC) the Honourable Supreme Court held that Show-cause notices issued u/s. 153C the assessee should file appropriate reply to said notices and cannot file writ petition. In CIT v. Sinhgad… (read more)
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| IDS- 2016 and Credit of Advance tax | |
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| Subject: | IDS- 2016 and Credit of Advance tax |
| Category: | Income-Tax |
| Asked by: | Ruchi Bhansali |
| Answered by: | Research Team |
| Tags: | credit for advance tax, ids, Tax deduction at source |
| Date: | October 29, 2021 |
| Excerpt of answer: |
Please refer Circular No 25 of 2016 dt 30 -6 2016 ( 2016) 385 ITR 19( St) , wherein the CBDT clarified as under Q. NO. 4. Whether credit for tax deducted , if any in respect of income declared shall be allowed ? Answer: Yes ; credit for tax deducted shall be allowed only… (read more)
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| NON RECIEPT OF FORM 5 | |
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| Subject: | NON RECIEPT OF FORM 5 |
| Category: | Income-Tax |
| Asked by: | Varsha Ranade |
| Answered by: | Research Team |
| Tags: | non receipt of for No5, Vivad se Vishawas Scheme, VSV Scheme |
| Date: | October 29, 2021 |
| Excerpt of answer: |
Please write to the Designated Authority . I case if you don’t receive any response from the Designated Authority , you may send a letter to the Chairman CBDT . As regards the appeal pending before the Fist Appeal the assessee may file a letter stating that the assessee has filed the Declaration under VSV… (read more)
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| Non-cooperation by Assessee | |
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| Subject: | Non-cooperation by Assessee |
| Category: | General Law, Income-Tax |
| Asked by: | CA Chandravijay Shah |
| Answered by: | Research Team |
| Tags: | Chartered Accountant, Partnership, partnership firm |
| Date: | October 23, 2021 |
| Excerpt of answer: |
The Chartered Accountant must send a letter though registered AD to the concerned partnership form and copy of the said letter may be sent to all the partners . In case no response is received within a reasonable time , the Chartered Accountant has to request his lawyer to send the legal notice . In… (read more)
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| Retirement of Partners before amendment brought in Finance Act, 2021 | |
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| Subject: | Retirement of Partners before amendment brought in Finance Act, 2021 |
| Category: | Income-Tax |
| Asked by: | ruchi bhansali |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | partnership firm, Retirement of partners, Taxation of partnership firm, valuation of land |
| Date: | October 22, 2021 |
| Excerpt of answer: |
As we understand, the 17 partners have exited the firm. Their accounts have been revalued and settled by cash. Section 9B of the Income-tax Act, 1961 (Act) is not applicable as there is no pay-out via Capital Asset or Stock-in-trade. The difference between the pay-out by the firm and the capital account before revaluation, would… (read more)
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