You may file a rectification application u/s 154 of the Income Tax Act against the intimation/order u/s 143(1) issued by CPC. You may also file an appeal u/s 246A before CIT(Appeals) against the 143(1) demand within 30 days of the intimation. (read more)

Issue A: The ex-parte rejection cannot be recharacterized as being "on merits". The rejection order of 27th March is explicitly for non-response to a questionnaire. There is no findings on genuineness of activities, objects, or eligibility. The Subsequent grant of s. 80G approval in Oct 2021 itself did not treat the March 2021 rejection as… (read more)

U/s 153(5), where effect is to be given to an order u/s 250 by the AO, wholly or partly, otherwise than by way of making a fresh assessment or reassessment, such effect shall be given within 3 months from the end of the month in which the order is received by the Commissioner. The Commissioner… (read more)

The HUF will not automatically dissolve on death of the Karta because the son will become the new Karta. The "family" will continue even with only one coparcener. The son's own HUF will continue independently. Alternatively, the son can opt for a full partition and dissolve the HUF. Even if the HUF continues, the deceased's… (read more)

I suggest you file a s. 154 application even though the CPC may block it or reject it. This will give you a handle to file a writ petition on the ground that a clerical mistake was made while filing the return which ought to be rectified as per the law. You can also file… (read more)

STCG on the sale of Gold ETFs is taxed at normal income tax slab rates. Section 111A will not apply. Section 115AD is also not relevant. It applies to FIIs on certain securities. (read more)

Tenancy rights are like any other capital asset and are eligible for the exemptions conferred by s. 54E, 54F and 54EC. (read more)

In my view, Form 15CA requirement applies because it is a payment to a non-resident though not sent abroad. The trigger is the recipient's residential status as a NRI. Whether funds are sent outside or not is not relevant. 15CB is also required as the annual payment exceeds ₹5 lakh. (read more)

You may consider relying on the Supreme Court judgement in Mavilayi Service Co-operative Bank Ltd. v. CIT (2021) 431 ITR 1 (SC) where the Court emphasized a liberal, beneficial interpretation of Section 80P. It was held that the exemption for marketing agricultural produce grown by members under 80P(2)(a)(iii) covers cases where the society engages in… (read more)

Section 44ADA applies to persons engaged in specified professions listed under Section 44AA(1). The specified professions u/s 44AA(1) include legal, medical etc. The "legal" profession refers to the practice of law by qualified advocates/lawyers (enrolled with a Bar Council). Para-legal services by a student does not constitute carrying on the "legal profession". (read more)