Answers to queries on legal issues

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SECTION 36(1)(VA)
Subject: SECTION 36(1)(VA)
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Asked by: CA RUPINDER KUMAR
Answered by:
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Date: November 10, 2023
Excerpt of answer:
The order of the Supreme Court is binding . Only remedy is to make representation to Government and request for an amendment . If the adjustment is made by the Assessing Officer under section 143 (1) of the Act , the aassessee may challenge on the ground that no opportunity was given and adjustment is… (read more)
Deemed Dividend
Subject: Deemed Dividend
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Asked by: Alka Sharma
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Date: November 9, 2023
Excerpt of answer:
Section 2(22)(e) deals with how the types of loans and advances that the company makes for the shareholder is treated as deemed dividend. However, for invoking the provisions of section 2(22)(e), the requirement is to establish that payment made by a company to the shareholder or to a concern in which he has a substantial… (read more)
Vivad Se Vishwas
Subject: Vivad Se Vishwas
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Asked by: CA Sathyabama
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Date: November 4, 2023
Excerpt of answer:
The assesseee should try to file the form .In case the portal is not accepting the form , the assessee may send the Form 4 , by speed post or registered post . The assesseee may also write to the CBDT to condone the delay in filing the Form No. 4 . In case no… (read more)
BINDING NATURE OF SMC BENCH DECISION
Subject: BINDING NATURE OF SMC BENCH DECISION
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Asked by: Prakash
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Date: November 2, 2023
Excerpt of answer:
in CIT. v. Sun Engineering Works (1992) 198 ITR 297 (SC) the honourable court explained how to read a judgement, the court observed; “while applying the decision to a later cases, the court must carefully try to ascertain the true principal laid down by the decision of the Supreme Court and not to pick out… (read more)
AY 2024-25 Rate of Surcharge on income-tax
Subject: AY 2024-25 Rate of Surcharge on income-tax
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Asked by: vswaminathan
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Date: October 23, 2023
Excerpt of answer:
: For AY 2024 – 2025 Surcharge rates are as below: 10% of Income tax if total income is more than Rs.50 lakh 15% of Income tax if total income is more than Rs.1 crore 25% of Income tax if total income is more than Rs.2 crore 37% of Income tax if total income is… (read more)
Is GST applicable on Google Adsense income?
Subject: Is GST applicable on Google Adsense income?
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Asked by: Dilip Sanghavi
Answered by:
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Date: October 22, 2023
Excerpt of answer:
The relevant GST law in respect of your issue can be analyzed as under: 1. As per GST provisions, supplying service is taxable event. However, if the services fall in the category of export services, then they are exempt from levy of GST. Since the money is coming from Singapore, it can be assumed that… (read more)
Sec. 153C
Subject: Sec. 153C
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Asked by: manali
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Date: October 20, 2023
Excerpt of answer:
Merely on the basis of documents found in the third premises the addition cannot be made in the hands of assessee. The assessee should request for a copy of the documents and also an opportunity for cross examination . In PCIT v. Vinita Chaurasia (2023) 291 Taxman 362 (Delhi)(HC) the court held that merely based… (read more)
Question on section 80IBA
Subject: Question on section 80IBA
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Asked by: Raghavendra M
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Date: October 19, 2023
Excerpt of answer:
The Books of account is defined as per section 2 (12A) of the Act ,” books or books of account" includes ledgers, day-books, cash books, account-books and other books, whether kept 4in the written form or in electronic form or in digital form or as print-outs of data stored in such electronic form or in… (read more)
may I show the total no. of appeal filed by the department
Subject: may I show the total no. of appeal filed by the department
Category: 
Asked by: DCIT-14(1)(1) Mumbai
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Date: October 19, 2023
Excerpt of answer:
More than 60% appeals are by the Department. Please make an application under RTI to get the correct information . (read more)
Pan and Aadhar linked status was updated after filing of Form 26QB.
Subject: Pan and Aadhar linked status was updated after filing of Form 26QB.
Category: 
Asked by: MOHAMED ALI
Answered by:
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Date: October 16, 2023
Excerpt of answer:
As per the provisions of the Income-tax Act, 1961, everyone who has been assigned a PAN as of July 1, 2017, and is entitled to receive an Aadhaar Number is required to notify the prescribed authority. In the absence of PAN or inoperative PAN at the time of entering into any financial transactions, the Assessee… (read more)