Answers to queries on legal issues

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Direct Tax Vivad se Viswas Act.
Subject: Direct Tax Vivad se Viswas Act.
Category: 
Asked by: Disha shah
Answered by:
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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)
credit of payment of taxes under IDS to declaration under DTVSVS
Subject: credit of payment of taxes under IDS to declaration under DTVSVS
Category: 
Asked by: Ruchi Bhansali
Answered by:
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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)
HUF
Subject: HUF
Category: 
Asked by: RAJENDRA CHHAOCHHARIA
Answered by:
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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)
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.
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: 
Asked by: KULDIP SINGH VIRK
Answered by:
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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)
filing of form for getting approval u/s 35
Subject: filing of form for getting approval u/s 35
Category: 
Asked by: seetharaman
Answered by:
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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)
Jurisdiction of sec 153C
Subject: Jurisdiction of sec 153C
Category: 
Asked by: B Sunil Kumar
Answered by:
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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)
IDS- 2016 and Credit of Advance tax
Subject: IDS- 2016 and Credit of Advance tax
Category: 
Asked by: Ruchi Bhansali
Answered by:
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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)
NON RECIEPT OF FORM 5
Subject: NON RECIEPT OF FORM 5
Category: 
Asked by: Varsha Ranade
Answered by:
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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)
Non-cooperation by Assessee
Subject: Non-cooperation by Assessee
Category:  ,
Asked by: CA Chandravijay Shah
Answered by:
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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)
Retirement of Partners before amendment brought in Finance Act, 2021
Subject: Retirement of Partners before amendment brought in Finance Act, 2021
Category: 
Asked by: ruchi bhansali
Answered by:
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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)