Answers to queries on legal issues
Composition scheme | |
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Subject: | Composition scheme |
Category: | GST |
Asked by: | Lalit |
Answered by: | Advocate C.B.Thakar |
Tags: | Composition scheme, tax free goods |
Date: | March 17, 2024 |
Excerpt of answer: |
As per the scheme, there is no such deduction towards exempted goods. (read more)
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Return form capital gains – Sale of depreciable assets . | |
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Subject: | Return form capital gains – Sale of depreciable assets . |
Category: | Income-Tax |
Asked by: | S.G .Hegde Adocate Mumbai |
Answered by: | Mr . H. N. Motiwalla |
Tags: | Return form capital gains – Sale of depreciable assets . |
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)
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cost of improvement in capital gains | |
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Subject: | cost of improvement in capital gains |
Category: | Income-Tax |
Asked by: | sirivella gopal |
Answered by: | Research Team |
Tags: | Cost of improvements, land cost |
Date: | March 12, 2024 |
Excerpt of answer: |
One has to read the terms of the agreement . Expenditure incurred in connection with transfer of asset is allowable as deduction. In ACIT v. Ijyaraj Singh (2020) 183 ITD 237 / 207 TTJ 953 (Jaipur) (Trib.) held that development expenses incurred on land before its sale was required to put property in saleable condition… (read more)
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Tax on Updated Return | |
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Subject: | Tax on Updated Return |
Category: | Income-Tax |
Asked by: | CA Adarsh Singh |
Answered by: | Research Team |
Tags: | Delayed return, tax on Updated return |
Date: | March 7, 2024 |
Excerpt of answer: |
The assessee may write to the CBDT for clarification . According to us the asseesseee should get the credit for the self assessment tax paid . In case the credit is not given the assessee may have to file writ before the High Court . In Balmukund Acharya v. Dy. CIT ( 2009) 310 ITR… (read more)
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Query on 270AA of IT Act–Immunity from Imposition of Penalty | |
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Subject: | Query on 270AA of IT Act–Immunity from Imposition of Penalty |
Category: | Income-Tax |
Asked by: | CA. Ankit Tantia |
Answered by: | Reply of the Expert is awaited; |
Tags: | penalty |
Date: | March 4, 2024 |
Excerpt of answer: | Reply of the Expert is awaited. Please check back later |
Issue of shares to promoters | |
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Subject: | Issue of shares to promoters |
Category: | Income-Tax |
Asked by: | Pooja |
Answered by: | Mr . H. N. Motiwalla |
Tags: | Issue of shares, Issue of shares to promoters |
Date: | March 4, 2024 |
Excerpt of answer: |
A Private Ltd can make initial issue to promoters at face value. Later on, when company create genuine reserve out of profit, it can issue share to promotes as well as members to its Net Asset Value (NAV) method. Net Asset Value method has ben prescribed by Rule 11UA of the Income tax Rules 1962..… (read more)
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A Rural agricultural land has been sold in AY 2016-17 for 60 lakhs | |
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Subject: | A Rural agricultural land has been sold in AY 2016-17 for 60 lakhs |
Category: | Income-Tax |
Asked by: | Shravan |
Answered by: | Advocate Neelam Jadhav |
Tags: | A Rural agricultural land, cash deposited, Disallowance, penalty |
Date: | March 2, 2024 |
Excerpt of answer: |
: W.e.f. 1st June 2015, S. 269SS has been amended by the Finance Act, 2015 . As per the section no person shall take or accept from any other person, any loan or deposit or any specified sum, otherwise than by an account payee cheque or account payee bank draft or use of electronic clearing… (read more)
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Cessed Property tax implications on flat surrendering | |
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Subject: | Cessed Property tax implications on flat surrendering |
Category: | Allied Law, Income-Tax |
Asked by: | Amit Shah |
Answered by: | Research Team |
Tags: | Capital Gains, Cess, surrender, Tenancy |
Date: | March 2, 2024 |
Excerpt of answer: |
Amount received on surrender of the tenancy rights is liable to capital gains tax as the cost of tenancy is considered as nil. It will be taxable as long term capital gains . If the amount is invested in a residential property the assessee will get the benefit under section 54F of the Act ,… (read more)
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Old Regime to New Regime switchover / AY 2023-24 / | |
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Subject: | Old Regime to New Regime switchover / AY 2023-24 / |
Category: | Income-Tax |
Asked by: | V. Rengarajan |
Answered by: | Mr . H. N. Motiwalla |
Tags: | New tax regime, Old Regime to New Regime switchover |
Date: | February 25, 2024 |
Excerpt of answer: |
Section 115BAA applied to tax on income of certain domestic companies. While section 115BCA applies to tax on income of individuals and Hindu Undivided Family Sub section (5) of section 115BCA reads as under: “Nothing contained in this section shall apply unless option is exercised .in the prescribed manner by the person – (i) having… (read more)
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Input tax credit of GST on the car taken on lease | |
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Subject: | Input tax credit of GST on the car taken on lease |
Category: | GST |
Asked by: | prakash |
Answered by: | Advocate C.B.Thakar |
Tags: | Input tax credit of GST on the car taken on lease, ITC |
Date: | February 25, 2024 |
Excerpt of answer: |
Section 17(5)(a) of CGST Act reads as under: “(5) Notwithstanding anything contained in sub-section (1) of section 16 and sub-section (1) of section 18, input tax credit shall not be available in respect of the following, namely:- 2[(a) motor vehicles for transportation of persons having approved seating capacity of not more than thirteen persons (including… (read more)
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