Answers to queries on legal issues

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about composition scheme for manufacturer
Subject: about composition scheme for manufacturer
Category: 
Asked by: amsco
Answered by:
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Date: April 2, 2024
Excerpt of answer:
The definition of ‘manufacture’ in section 2(72) is as under: “(72)- ’manufacture’ means processing of raw material or inputs in any manner that results in emergence of a new product having a distinct name, character and use and the term ‘manufacturer’ shall be construed accordingly;” Normally the pan vendor do not sale plain pan. He… (read more)
high court set aside the case of the assessee u/s 148A(d)
Subject: high court set aside the case of the assessee u/s 148A(d)
Category: 
Asked by: dk
Answered by: Reply of the Expert is awaited;
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Date: April 2, 2024
Excerpt of answer: Reply of the Expert is awaited. Please check back later
Ex-party 147 order 144
Subject: Ex-party 147 order 144
Category: 
Asked by: Ramachandra Rao k
Answered by:
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Date: March 24, 2024
Excerpt of answer:
If the ex parte order is passed without giving any reasonable opportunity of hearing , the assessee can file writ before the High Court . The assessment will be faceless unit unless it is search and seizure matter . The payment of 20% of tax in dispute is not mandatory . It is the duty… (read more)
Refund
Subject: Refund
Category: 
Asked by: SUNIL BHATIA
Answered by:
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Date: March 21, 2024
Excerpt of answer:
The assessee has to file the return showing the correct income including the refund if any payable to the assesseee. (read more)
Query regarding NGO Registration U/s 12AA/12AB
Subject: Query regarding NGO Registration U/s 12AA/12AB
Category: 
Asked by: CA RAHUL KUMAR HARLALKA
Answered by:
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Date: March 18, 2024
Excerpt of answer:
The NGO should file a detailed application with supported by an affidavit for condonation application explaining the reasons for the delay to the CBDT and copy to the Assessing Officer . In case the CBDT rejects the application the assessee can file writ before the High Court . (read more)
Addition on account of difference in receipts as per P & L Account vis-a-vis Form 26AS
Subject: Addition on account of difference in receipts as per P & L Account vis-a-vis Form 26AS
Category: 
Asked by: Deepali
Answered by:
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Date: March 18, 2024
Excerpt of answer:
Yes no adjustment can be made by the Assessing Officer . Refer Apollo Tyres Ltd v. CIT (2002) 255 ITR 273/122 Taxman 562/174 CTR 521 (SC), the Court held that when the net profits in profit and loss account prepared in accordance with Parts II and III of Schedule VI to Companies Act. Accounts scrutinised… (read more)
default u/s 271(1)(b)
Subject: default u/s 271(1)(b)
Category: 
Asked by: pawan
Answered by:
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Date: March 18, 2024
Excerpt of answer:
S. 273B provides that, inter alia, penalty u/s. 271(1)(b) need not be imposed, if it is proved that there was a reasonable cause for the said failure of the assessee to comply with the provisions of section 271(1)(b). In the case of Balram Kumar Mahendra vs. ITO [2012] 12 ITR (T) 426 (Delhi)(Trib.) held that… (read more)
capital gain, development agreement , society
Subject: capital gain, development agreement , society
Category: 
Asked by: VIJAY
Answered by:
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Date: March 17, 2024
Excerpt of answer:
One has to read the terms of the development agreement to advise on tax implication on society . (read more)
Composition scheme
Subject: Composition scheme
Category: 
Asked by: Lalit
Answered by:
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Date: March 17, 2024
Excerpt of answer:
As per the scheme, there is no such deduction towards exempted goods. (read more)
Return form capital gains – Sale of depreciable assets .
Subject: Return form capital gains – Sale of depreciable assets .
Category: 
Asked by: S.G .Hegde Adocate Mumbai
Answered by:
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Date: March 14, 2024
Excerpt of answer:
This view has been confirmed by the Supreme Court in CIT Vs. V. S. Dempo Company Ltd [ (2016) 387 ITR 354]. Wherein the Supreme Court has approved the judgement of the Bombay High Court in CIT Vs. ACE Builders Pvt. Ltd. [ (2006) 281 ITR 598]. In the aforesaid judgement the Bombay High Court… (read more)