Answers to queries on legal issues

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Domestic Transfer Pricing
Subject: Domestic Transfer Pricing
Category: 
Asked by: CA Govind Agrawal
Answered by:
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Date: September 3, 2023
Excerpt of answer:
The querist is a partnership firm consisting Husband ‘A’ as Karta and ‘B’ his wife as partners) is doing the business of Purchase and Sales of Grains in wholesale and semi-wholesale. During the year the turnover is more than 20 Crores. However, the Partnership firm is not eligible for domestic transfer pricing audit. As the… (read more)
SEC.68
Subject: SEC.68
Category: 
Asked by: prakash
Answered by:
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Date: August 31, 2023
Excerpt of answer:
When the assessment is made under section 144 , there cannot be separate addition under section 68 of the Act . In Malpani House of Stones v. CIT (2017) 395 ITR 385 (Raj.) (HC) held that when income is estimated other additions cannot be made on the basis of entries in the books of account.… (read more)
MA filed after decision of SC in the context of 153C
Subject: MA filed after decision of SC in the context of 153C
Category: 
Asked by: prakash
Answered by:
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Date: August 31, 2023
Excerpt of answer:
As per section 254(2) , the MA has to be filed within six months from the end of the month in which the order was passed . There is no power to condone the delay in filing of MA . The provisions of section 5 of the Limitation Act , 1963 are not applicable .… (read more)
Objections to the draft order u/s.144C filed with DRP
Subject: Objections to the draft order u/s.144C filed with DRP
Category: 
Asked by: Moti
Answered by:
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Date: August 28, 2023
Excerpt of answer:
The assessee should file a revised form 35A signed by the competent Authority and pray for condonation of delay . The order of Tribunal is valid in law . Non signing of the appeal memo by the competent person is a curable defects Refer , Manek Sheth ( HUF) v. CIT( 1995) 213 ITR 715… (read more)
NEW SURCHARGE SCHEME (contd.)
Subject: NEW SURCHARGE SCHEME (contd.)
Category: 
Asked by: vswaminathan
Answered by:
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Date: August 27, 2023
Excerpt of answer:
Joint representation is needed. It may be desirable to take up the issue the Bombay Chartered Accountant’s Society or the Chamber of Tax consultants Mumbai. (read more)
Slump sale vs slump exchange
Subject: Slump sale vs slump exchange
Category: 
Asked by: pankaj kumar
Answered by: Reply of the Expert is awaited;
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Date: August 23, 2023
Excerpt of answer: Reply of the Expert is awaited. Please check back later
TDS on internet lease line from telecom service provider
Subject: TDS on internet lease line from telecom service provider
Category: 
Asked by: Mansi
Answered by: Reply of the Expert is awaited;
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Date: August 23, 2023
Excerpt of answer: Reply of the Expert is awaited. Please check back later
Property Purchased in the name of wife but all payment are made by Husband
Subject: Property Purchased in the name of wife but all payment are made by Husband
Category: 
Asked by: Bikash Roy Chowdhury
Answered by:
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Date: August 22, 2023
Excerpt of answer:
The assessee should file the return and also file detailed reply explaining the source of investment as well as supporting evidence . The Revenue may drop the reassessment proceedings . (read more)
Assessment U/Sec. 153C
Subject: Assessment U/Sec. 153C
Category: 
Asked by: Manali
Answered by: Reply of the Expert is awaited;
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Date: August 17, 2023
Excerpt of answer: Reply of the Expert is awaited. Please check back later
condonation of delay in filing form 10IE and return after due date
Subject: condonation of delay in filing form 10IE and return after due date
Category: 
Asked by: BS
Answered by:
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Date: August 16, 2023
Excerpt of answer:
The aasseessee may file an application before CBDT . The CBDT can condone the delay . In case the CBDT rejects the application the assessee can file writ petition against the said rejection order . (read more)