Answers to queries on legal issues
| Sec. 45(5A) | |
|---|---|
| Subject: | Sec. 45(5A) |
| Category: | Allied Law |
| Asked by: | CA Kiran Kanani |
| Answered by: | Law Intern |
| Tags: | RERA |
| Date: | October 9, 2025 |
| Excerpt of answer: |
Assuming the project is RERA-registered, the agreement to sell is standard and permitted for under-construction properties. It does not violate RERA or Section 45(5) (read more)
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| TCS Liability u/s 206C(1)(vii) | |
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| Subject: | TCS Liability u/s 206C(1)(vii) |
| Category: | Income-Tax |
| Asked by: | Nikita Mishra |
| Answered by: | Law Intern |
| Tags: | Section 194Q(5), section 206C(1H) |
| Date: | October 9, 2025 |
| Excerpt of answer: |
Logically, it should be so. There is a clarification u/s 194Q(5) which exempts the seller from collecting TCS u/s 206C(1H) if TDS is deducted under section 194Q. However, there is no explicit provision that exempts the seller from collecting TCS under section 206C(1)(vii) when TDS is deducted under section 194Q. (read more)
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| Gratuity and LE in case of transfer in group entities | |
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| Subject: | Gratuity and LE in case of transfer in group entities |
| Category: | Income-Tax |
| Asked by: | Abhishek Agarwal |
| Answered by: | Law Intern |
| Tags: | Section 43B |
| Date: | October 9, 2025 |
| Excerpt of answer: |
The transaction is merely a book entry. There is no "actual payment". So, neither Co will get a deduction until the amount is actually paid. (read more)
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| gift of share in a firm to a pvt trust | |
|---|---|
| Subject: | gift of share in a firm to a pvt trust |
| Category: | Income-Tax |
| Asked by: | BKS |
| Answered by: | Law Intern |
| Tags: | Section 45(4), Section 9B |
| Date: | October 9, 2025 |
| Excerpt of answer: |
In my view, neither Section 45(4) nor 9B will apply because this is not a transfer by the firm to a partner. It is a transfer of a partner's interest to a third party (the trust). These sections do not target external gifts of interests. (read more)
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| Section 194JA and JB of Income Tax Act 1961 | |
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| Subject: | Section 194JA and JB of Income Tax Act 1961 |
| Category: | Income-Tax |
| Asked by: | Advocate Neeraj Jain |
| Answered by: | Law Intern |
| Tags: | Sections 194JA and 194JB |
| Date: | September 29, 2025 |
| Excerpt of answer: |
Sections 194JA and 194JB were introduced by the Finance Act, 2020 with effect from April 1, 2020. (read more)
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| payment u/s 43B | |
|---|---|
| Subject: | payment u/s 43B |
| Category: | Income-Tax |
| Asked by: | Pawan Singla |
| Answered by: | Law Intern |
| Tags: | Explanation 1 to Section 37(1), Section 43B |
| Date: | September 29, 2025 |
| Excerpt of answer: |
It is a debatable issue. In my view, the principal amount cannot be claimed as a deduction under Section 43B, as it is hit by Explanation 1 to Section 37(1). The fraudulent availment of Cenvat credit via fake invoices is an offence. The payment reverses the direct financial gain from this offence and restores the… (read more)
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| TCS liability u/s 206CJ | |
|---|---|
| Subject: | TCS liability u/s 206CJ |
| Category: | Income-Tax |
| Asked by: | G B AGRAWAL AND CO. |
| Answered by: | Law Intern |
| Tags: | Section 194Q, section 206C(1H) |
| Date: | September 29, 2025 |
| Excerpt of answer: |
As per the proviso to section 206C(1H), if the buyer has deducted TDS under section 194Q on the purchase of coal, the seller is exempted from collecting TCS under section 206C(1H) on that transaction. (read more)
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| commercial property | |
|---|---|
| Subject: | commercial property |
| Category: | Income-Tax |
| Asked by: | bks |
| Answered by: | Law Intern |
| Tags: | redevelopment |
| Date: | September 29, 2025 |
| Excerpt of answer: |
Yes. U/ 45(5A), there is a transfer on redevelopment and capital gains are chargeable. Exemption u/s 54 will not be available as the reinvestment is in a commercial property. If the old property was depreciable, than the transaction will have to be processed as STCG u/s 50 by reducing the consideration from the block of… (read more)
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| pre AY 13-14 share premium | |
|---|---|
| Subject: | pre AY 13-14 share premium |
| Category: | Income-Tax |
| Asked by: | bs |
| Answered by: | Law Intern |
| Tags: | section 56(2)(viib), Share premium, Unexplained cash credit |
| Date: | September 29, 2025 |
| Excerpt of answer: |
Even prior to section 56(2)(viib), addition of unexplained credits such as share premium etc could be assessed u/s 68 as was done in CIT v. Lovely Exports 299 ITR 268 (SC), NRA Iron & Steel Pvt. Ltd. v. PCIT 412 ITR 161 (SC) etc. If the AO has accepted the share capital as genuine, he… (read more)
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| Applicability of 44 AD for a non professional running a dental clinic | |
|---|---|
| Subject: | Applicability of 44 AD for a non professional running a dental clinic |
| Category: | Income-Tax |
| Asked by: | VIJAY |
| Answered by: | Law Intern |
| Tags: | Presumptive taxation, Section 44AD, Section 44ADA |
| Date: | September 29, 2025 |
| Excerpt of answer: |
Yes. The activity carried on by your mother is a business and not the medical profession as she is not a qualified dentist. In Ranjita Jena, the Tribunal recorded the following finding of fact: "13. From the facts and findings recorded by the AO, it is clear that the assessee was engaged in the medical… (read more)
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