Answers to queries on legal issues

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Interest on advances and applicability of Sec 44AD.
Subject: Interest on advances and applicability of Sec 44AD.
Category: 
Asked by: Govind Agrawal
Answered by:
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Date: April 4, 2024
Excerpt of answer:
The action of the Assessing Officer is not justified . One has to study whether the reopening notice is issued by following the due process of law . If the assessment was completed earlier under section 143(3) , whether any specific question was raised in the course of assessment . Even under the new provision… (read more)
Penalty U/SEc. 271(1)(c) of the Act
Subject: Penalty U/SEc. 271(1)(c) of the Act
Category: 
Asked by: prakash
Answered by:
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Date: April 2, 2024
Excerpt of answer:
When the claims and figures are noticeable to the Assessing officer concerning the disallowance, then there is no failure on the part of the Assessee for concealment or furnishing inaccurate particulars of income which leads to a penalty under section 271(1)(c ). Further, when the assessee preferred a claim, it was up to the authorities… (read more)
govt job recruitment
Subject: govt job recruitment
Category:  ,
Asked by: N.K. Dhar
Answered by:
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Date: April 2, 2024
Excerpt of answer:
Now because of election the process may be kept in hold . The aggrieved candidate may file RTI asking the specific reply . Once reply is received the candidates may consider filing PIL before respective High Court . (read more)
Wrong assessment order u/s 148
Subject: Wrong assessment order u/s 148
Category: 
Asked by: Santosh
Answered by:
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Date: April 2, 2024
Excerpt of answer:
It may be desirable to file an application under section 264 of the Income tax Act . In case the revision application is rejected the assessee can file writ before the High Court . When an revision application is filed the CIT is bound to pass the order within specified time limit . There is… (read more)
refund
Subject: refund
Category: 
Asked by: vinod daga
Answered by:
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Date: April 2, 2024
Excerpt of answer:
Make an application before the Administrative Commissioner and also Central Board of Direct taxes . If no reply is received within a reasonable time file writ before the High court . (read more)
Levy of Penalty U/SEc. 270A(9)
Subject: Levy of Penalty U/SEc. 270A(9)
Category: 
Asked by: prakash
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
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)