Answers to queries on legal issues
Redevelopment of society – Old Flat in the bldg demolished and new one constructed | |
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Subject: | Redevelopment of society – Old Flat in the bldg demolished and new one constructed |
Category: | Income-Tax |
Asked by: | CA Rajesh Sanghvi |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Capital Gains, redevelopment |
Date: | August 3, 2023 |
Excerpt of answer: |
The Hon'ble Bombay High Court in the case of CIT v. Chhaya Parekh ITXA(L)1583 of 2012 dated January 24, 2013 (Bom)(HC) held that demolishing of a structure is not a transfer. Without prejudice, assuming there is a transfer, there is an immediate application of deduction under section 54 of the Act. Therefore, there will be… (read more)
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Pagdi flat redevelopment | |
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Subject: | Pagdi flat redevelopment |
Category: | General Law, Income-Tax |
Asked by: | Avinash |
Answered by: | Research Team |
Tags: | Pagdi Flat, redevelopment |
Date: | August 2, 2023 |
Excerpt of answer: |
Depends upon the scheme approved by the Competent Authority and the negotiation with developer . (read more)
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Income tax clarification under “Profits & Gains from Business and Professions” | |
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Subject: | Income tax clarification under “Profits & Gains from Business and Professions” |
Category: | Income-Tax |
Asked by: | Samiran Banerjee |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | business income, profits chargeable to tax, return of income |
Date: | August 1, 2023 |
Excerpt of answer: |
The income is taxable and should be offered to tax as Business Income. The Assessee is at liberty to offer the net profits from the Business or avail the deeming provision to determine business income. (read more)
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Contribution under LLP Act | |
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Subject: | Contribution under LLP Act |
Category: | Income-Tax |
Asked by: | Ravindra PCS |
Answered by: | Research Team |
Tags: | contribution, Limited liability partnership, LLP |
Date: | July 31, 2023 |
Excerpt of answer: |
One has to read the terms of the LLP agreement . (read more)
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Immovable property valuation under rule 11UA of the income tax act | |
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Subject: | Immovable property valuation under rule 11UA of the income tax act |
Category: | Income-Tax |
Asked by: | Sriram |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Immovable property valuation under rule 11UA, Stamp Duty |
Date: | July 29, 2023 |
Excerpt of answer: |
For the purpose of valuing the shares of an unquoted company where there is an immovable property held by a company, the immovable property has to be valued at stamp duty value according to Rule 11UA(c)(b) of the Income-tax Rules, 1962. (read more)
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Deduction u/s 80IBA for an individual land owner against business income in revenue sharing JV for affordable housing projects. | |
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Subject: | Deduction u/s 80IBA for an individual land owner against business income in revenue sharing JV for affordable housing projects. |
Category: | Income-Tax |
Asked by: | Dharamchand Parakh |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Deduction 80IBA, JV, S.800IBA |
Date: | July 29, 2023 |
Excerpt of answer: |
It is advisable for the JV to claim the deduction under section 80IBA of the Act. However, if all the other conditions are satisfied, the individual assessee who claims a share in revenue should be allowed a deduction under section 80IBA of the Act (read more)
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Sec. 144 and sec 68 | |
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Subject: | Sec. 144 and sec 68 |
Category: | Income-Tax |
Asked by: | Prakash |
Answered by: | Research Team |
Tags: | Best judgement assessment, Unexplained cash credit |
Date: | July 29, 2023 |
Excerpt of answer: |
The action of the Assessing Officer is not justified . Even while passing the order under section 144 of the Act the Assessing Officer to pass the order considering past records . The order cannot be arbitrary . In DCIT v. Bridge & Building Construction Co. (P.) Ltd (2022) 94 ITR 515 ( Kol)( Trib)… (read more)
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HOW MANY CASES ARE PENDING | |
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Subject: | HOW MANY CASES ARE PENDING |
Category: | Income-Tax |
Asked by: | MAYUR NAYAK |
Answered by: | Research Team |
Tags: | pendency of appeals |
Date: | July 28, 2023 |
Excerpt of answer: |
: According to the reliable information about 45000 appeals before ITAT and about 6 lakhs appeals before the Commissioner (Appals ). If you desires to know the exact figures , you may make an application under RTI Act . (read more)
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TDS under section 194H &194Q | |
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Subject: | TDS under section 194H &194Q |
Category: | Income-Tax |
Asked by: | Sachin Dinkar More |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Commission, sale price, Tax deduction at source, TDS U/S 194H, TDS U/S 194Q |
Date: | July 26, 2023 |
Excerpt of answer: |
The Buyer cannot deduct tax under section 194H of the Act on the whole amount of Rs. 1,02,100/-. Deduction under section 194H of the Act should be restricted to commission and deduction under section 194Q of the Act should be on the Sale price. (read more)
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Response to notice under section 133(6) | |
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Subject: | Response to notice under section 133(6) |
Category: | Income-Tax |
Asked by: | Lavanya |
Answered by: | Research Team |
Tags: | Notice u/s 133(6), Response |
Date: | July 25, 2023 |
Excerpt of answer: |
Yes the assessee can submit once again the document with attachment . (read more)
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