Answers to queries on legal issues
| CGT on sale of redeveloped Flat | |
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| Subject: | CGT on sale of redeveloped Flat |
| Category: | Income-Tax |
| Asked by: | Ganesh Alawani |
| Answered by: | Law Intern |
| Tags: | redevelopment |
| 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)
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| Company returns filing | |
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| Subject: | Company returns filing |
| Category: | Allied Law |
| Asked by: | E P R |
| Answered by: | Law Intern |
| Tags: | Company returns filing |
| 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)
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| How long do High Court cases take to resolve? | |
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| Subject: | How long do High Court cases take to resolve? |
| Category: | Allied Law |
| Asked by: | Lawyer Sonia |
| Answered by: | Law Intern |
| Tags: | High Court |
| 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)
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| Income tax doubt for notice | |
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| Subject: | Income tax doubt for notice |
| Category: | Income-Tax |
| Asked by: | kollipara sundaraiah |
| Answered by: | Law Intern |
| Tags: | Section 131(1A) |
| Date: | November 23, 2025 |
| Excerpt of answer: |
A notice u/s 131(1A) is a pre-assessment enquiry to verify suspicion before launching a full proceeding. It is not scrutiny yet, but can lead to scrutiny/reopening if explanations are not satisfactory. The assessee has to respond promptly with proper documents and explanations through the e-filing portal. (read more)
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| Gst 129 penalty | |
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| Subject: | Gst 129 penalty |
| Category: | GST |
| Asked by: | Saroj nagayach |
| Answered by: | Law Intern |
| Tags: | section 129 GST |
| Date: | November 23, 2025 |
| Excerpt of answer: |
Section 129 penalty has been quashed/ reduced in cases where authorities imposed harsh fines for procedural lapses without proving intent to evade tax. In Sandip Kumar Singhal v. Deputy Commissioner WPA 321 of 2023, goods were seized from godown (not in transit). The Calcutta High Court vide judgement dated 10.03.2023 quashed penalty & held S.… (read more)
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| Disallowance under section 43B in case of net method | |
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| Subject: | Disallowance under section 43B in case of net method |
| Category: | Income-Tax |
| Asked by: | subodh vora |
| Answered by: | Law Intern |
| Tags: | GST, Section 43B |
| Date: | November 23, 2025 |
| Excerpt of answer: |
The issue is not free from doubt. The better view is that the GST portion is never claimed as expense & is only a statutory liability. Therefore, there is no “amount payable” forming part of purchase/expense that remains unpaid which can be hit by 43B(h). (read more)
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| Query on Parallel proceedings under Sec 147 and 270A | |
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| Subject: | Query on Parallel proceedings under Sec 147 and 270A |
| Category: | Income-Tax |
| Asked by: | CA Ankit Tantia |
| Answered by: | Law Intern |
| Tags: | Section 270A |
| Date: | November 23, 2025 |
| Excerpt of answer: |
(i) Yes. If the quantum addition is deleted by CIT(A), the penalty u/s 270A automatically stand deleted. S. 270A penalty is for “under-reporting” or “misreporting” of income & is inextricably linked to the quantum addition. If it is held there is no under-reported income, there cannot be any penalty on that income. See CIT vs.… (read more)
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| Filing of 264 petition u/s 264 | |
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| Subject: | Filing of 264 petition u/s 264 |
| Category: | Income-Tax |
| Asked by: | CA KR.VEERAPPAN |
| Answered by: | Law Intern |
| Tags: | Revision of assessment |
| Date: | November 23, 2025 |
| Excerpt of answer: |
It appears it is not enabled. One way is to file it as a grievance under "Services > Grievance > Submit Grievance". However, it is better to mail it to the jurisdictional CIT or submit it physically. (read more)
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| Excludability of certain assets from computation of FMV for the purpose of Sec 115TD | |
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| Subject: | Excludability of certain assets from computation of FMV for the purpose of Sec 115TD |
| Category: | Income-Tax |
| Asked by: | A S N Murthy |
| Answered by: | Law Intern |
| Tags: | charitable trust |
| Date: | November 21, 2025 |
| Excerpt of answer: |
It looks difficult. Surrendering 12AB will trigger Section 115TD with the specified date being the effective date of surrender. Under Section 115TD(2) read with Rule 17CB, all assets held by the trust on the specified date are included in the FMV computation, unless explicitly excluded. Legally, title was transferred to the trust via registered gift… (read more)
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| GIFT OF LAND BY DEALER IN REAL ESTATE TO HIS FATHER | |
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| Subject: | GIFT OF LAND BY DEALER IN REAL ESTATE TO HIS FATHER |
| Category: | Income-Tax |
| Asked by: | Rajendra Kumar Dhandia |
| Answered by: | Law Intern |
| Tags: | Gift |
| Date: | November 21, 2025 |
| Excerpt of answer: |
U/s 45(1A), the gift of land (stock-in-trade) by a real estate dealer to his father is taxable as business income in the hands of the donor (assessee) at Fair Market Value (usually guideline/stamp duty value) minus cost of acquisition. (read more)
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