Answers to queries on legal issues

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Thakkar
Subject: Thakkar
Category: 
Asked by: Hitesh Thakkar
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Date: December 14, 2025
Excerpt of answer:
Yes, it is legally possible to split your 4BHK flat into two 3BHK flats (one in your individual name and one in your father's HUF name) during the redevelopment process. This will require approval of the Society and the Builder and also the BMC. The split will not attract any tax implications as it will… (read more)
WE HAVE A PARTNERSHIP FIRM WITH 9 PARTNERS AND 6 WANT TO RETIRE
Subject: WE HAVE A PARTNERSHIP FIRM WITH 9 PARTNERS AND 6 WANT TO RETIRE
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Asked by: Kabir Dhupar
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Date: December 14, 2025
Excerpt of answer:
The partners will have to give notice of their retirement. A deed of reconstitution will have to be prepared. The assets of the firm will have to be revalued and the retiring partners will have to be given their share. U/s 45(4) of the Income-tax Act, if revaluation leads to crediting gains to partners' accounts… (read more)
ITAT ORDER FOR RESTORATION OF APPEAL TO CIT (A) UNDER NFAC
Subject: ITAT ORDER FOR RESTORATION OF APPEAL TO CIT (A) UNDER NFAC
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Asked by: Chandru Mirchandani
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Date: December 14, 2025
Excerpt of answer:
You will have to Contact the NFAC/PCIT by using the Income Tax Helpline: 1800-180-1961 (for queries) or 1800-103-4455 (grievances). Email: webmanager@incometax.gov.in (attach appeal details, PAN, AY). You can also file a grievance on the portal: Dashboard > Grievance > New Grievance (select "Appeal Delay"). You can also raise a grievance petition with CPGRAMS. That usually… (read more)
To claim Tax exemption on leave encashment for AY 2021-22. Tax paid over 3 lakh.
Subject: To claim Tax exemption on leave encashment for AY 2021-22. Tax paid over 3 lakh.
Category: 
Asked by: Ratiwant Kumar Mallik
Answered by:
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Date: December 14, 2025
Excerpt of answer:
Various ITAT Benches have taken the view that the CBDT Notification No. 31/2023 dated May 24, 2023 by which the limit was enhanced to ₹25 lakhs, effective from April 1, 2023, has retrospective application as it is beneficial. To benefit from this, you should file a rectification application. If this is denied, you should file… (read more)
ASSESSEE HAS GIFTED 4 RESIDENTIAL HOUSE TO HIS WIFE. IS HE ELIGIBLE FOR DEDUCTION U/S54f
Subject: ASSESSEE HAS GIFTED 4 RESIDENTIAL HOUSE TO HIS WIFE. IS HE ELIGIBLE FOR DEDUCTION U/S54f
Category: 
Asked by: Jayant Desai
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Date: December 14, 2025
Excerpt of answer:
The query is not clear. Generally, gifting the new residential houses (purchased/constructed for claiming exemption) to the wife would generally not disqualify the deduction under Section 54F if the investment was made from the sale proceeds and other conditions are met. Judicial precedents (e.g., ITAT rulings and Delhi High Court in CIT vs. Ravinder Kumar… (read more)
Penalty Proceeding u/s270A after assessment u/s 143(3).
Subject: Penalty Proceeding u/s270A after assessment u/s 143(3).
Category: 
Asked by: Anupam Pal
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Date: November 28, 2025
Excerpt of answer:
It appears the entire LTCG loss of Rs. 3,09,91,067 has been treated as "under-reported income". This appears to be a miscomputation because under-reporting u/s 270A(2) is defined as the difference between assessed income and returned income and not the gross loss amount. Moreover, LTCG computation involves factual verification of costs. A disallowances based on gaps… (read more)
Purchase of agriculture land transaction
Subject: Purchase of agriculture land transaction
Category: 
Asked by: Kollipara sundaraiah
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Date: November 28, 2025
Excerpt of answer:
There is no specific threshold in Section 139(1) that makes ITR compulsory solely based on purchasing assets like immovable property (land/building). However, if the purchase involves TDS deduction (e.g., u/s 194-IA for non-agricultural immovable property more than ₹50 lakhs), there could arise an obligation to file a return. In the present case, as agricultural land… (read more)
CGT on sale of redeveloped Flat
Subject: CGT on sale of redeveloped Flat
Category: 
Asked by: Ganesh Alawani
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Date: November 25, 2025
Excerpt of answer:
(i) The redevelopment is itself a transfer taxable in the year in which the possession of the redeveloped flat is given. It will be a LTCG as the old flat was held for more than 24 months. The stamp duty value of the new flat will be deemed to be the consideration for the transfer.… (read more)
Company returns filing
Subject: Company returns filing
Category: 
Asked by: E P R
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Date: November 23, 2025
Excerpt of answer:
Non-filing of annual returns (AOC-4 for financial statements and MGT-7 for annual return) for three years will incurs late fees. There is also a risk of the company being strike-off under Section 248. You should convene a Board meeting and file the requisite documents immediately. You should file a petition to the RD u/s 460… (read more)
How long do High Court cases take to resolve?
Subject: How long do High Court cases take to resolve?
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Asked by: Lawyer Sonia
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Date: November 23, 2025
Excerpt of answer:
High Court case duration depends on the complexity of the matter, filings, and court schedule, usually taking a few months to over a year. Urgent cases may move faster if interim orders are requested. (read more)