Answers to queries on legal issues

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redevelopment taxation
Subject: redevelopment taxation
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Asked by: premang goradia
Answered by:
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Date: October 13, 2023
Excerpt of answer:
One has to study the development agreement to understand the issue of taxation. If the flat was sold within two years of getting possession of the new flat , it will be short term capital gain . The assessee will be entitle to get the market value of the flat as cost on getting the… (read more)
SEC.28 AND SECTION 68
Subject: SEC.28 AND SECTION 68
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Asked by: Prakash
Answered by:
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Date: October 8, 2023
Excerpt of answer:
The initial burden is on the assessee to explain the source , genuineness and capacity of the lender . Merely because the Depositor has not filed the return of income the addition is not justified . It may be desirable for the assessee to get the affidavit from the Lender explain the source of the… (read more)
Bogus Purchases U/Sec. 37 of the Act.
Subject: Bogus Purchases U/Sec. 37 of the Act.
Category: 
Asked by: prakash
Answered by:
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Date: October 7, 2023
Excerpt of answer:
The Action of the Assessing officer proposing to make addition for 100% disallowance of purchases from these parties merely on the ground that theya have not responded to Notice u/s. 133(6) is not justified. When the assessee has furnished a copy of the Bill, copy of the E-way Bill, Delivery Challan, Bank statement indicating the… (read more)
VOLUNTARY CONTRIBUTIONS RECEIVED BY A TRUST CAN BE UTILISED FOR THE PURCHASE OF FIXED ASSETS
Subject: VOLUNTARY CONTRIBUTIONS RECEIVED BY A TRUST CAN BE UTILISED FOR THE PURCHASE OF FIXED ASSETS
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Asked by: GOPAL S
Answered by:
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Date: October 6, 2023
Excerpt of answer:
Voluntary contributions are deemed to be income of the trust. Hence the same can be applied for the benefit of the trust including purchase of capital assets. (read more)
Draft application for order received from HC under Sec 482 of CRPC for quashing proceedings in lower court
Subject: Draft application for order received from HC under Sec 482 of CRPC for quashing proceedings in lower court
Category: 
Asked by: CA KAMLESH JAIN
Answered by:
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Date: October 5, 2023
Excerpt of answer:
Yes the asseessee can an make application under section. 482 of the Cr. P.C . in Ranveer Upadhyay v. State of Uttar Pradesh AIR 2022 / SCC 2044 reviewed the case law on the subject and reiterated that the power to quash criminal proceedings ought to be exercised sparingly and with circumspection . This power… (read more)
Appeal before CIT 154 r.w.s 147
Subject: Appeal before CIT 154 r.w.s 147
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Asked by: SIRIVELLA GOPAL
Answered by:
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Date: October 5, 2023
Excerpt of answer:
It is not required to file a separate appeal , if it is only a calculation mistake . At the time of hearing the assessee can file the copy of revised demand notice before the CIT( A). If the rectification order is on debatable issue , the assessee should file a separate appeal against the… (read more)
Determination of Sale consideration
Subject: Determination of Sale consideration
Category: 
Asked by: Akhil Garg
Answered by: Reply of the Expert is awaited;
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Date: October 5, 2023
Excerpt of answer: Reply of the Expert is awaited. Please check back later
Will Architecture visualisation comes under professional tax in income tax? How much tax will be applicable
Subject: Will Architecture visualisation comes under professional tax in income tax? How much tax will be applicable
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Asked by: Anju
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Date: October 3, 2023
Excerpt of answer: Reply of the Expert is awaited. Please check back later
Advance in cash received from sale of agriculture land
Subject: Advance in cash received from sale of agriculture land
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Asked by: Manohar
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Date: September 28, 2023
Excerpt of answer:
Explanation to section 269SS reads as under (iv). ‘Specified sum’ means any sum of money receivable , whether an advance or ,otherwise in relation to transfer of an immoveable property , whether or not the transfer takes place . Agricultural land is also an immoveable property . In PCIT v. Tehal Singh Khara and Sons… (read more)
charitable trust carrying on business
Subject: charitable trust carrying on business
Category: 
Asked by: seetharaman
Answered by:
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Date: September 26, 2023
Excerpt of answer:
The Assesse has to demonstrate that less than 20 per cent of its receipts are from business activity otherwise, the activities of the Assessee will not be considered to be for a "charitable purpose" according to section 2 (15) of the Income-tax Act, 1961. (read more)