Answers to queries on legal issues
high court set aside the case of the assessee u/s 148A(d) | |
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Subject: | high court set aside the case of the assessee u/s 148A(d) |
Category: | Income-Tax |
Asked by: | dk |
Answered by: | Reply of the Expert is awaited; |
Tags: | reopening of assessment |
Date: | April 2, 2024 |
Excerpt of answer: | Reply of the Expert is awaited. Please check back later |
Ex-party 147 order 144 | |
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Subject: | Ex-party 147 order 144 |
Category: | Income-Tax |
Asked by: | Ramachandra Rao k |
Answered by: | Research Team |
Tags: | Ex parte order, remedy |
Date: | March 24, 2024 |
Excerpt of answer: |
If the ex parte order is passed without giving any reasonable opportunity of hearing , the assessee can file writ before the High Court . The assessment will be faceless unit unless it is search and seizure matter . The payment of 20% of tax in dispute is not mandatory . It is the duty… (read more)
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Refund | |
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Subject: | Refund |
Category: | Income-Tax |
Asked by: | SUNIL BHATIA |
Answered by: | Research Team |
Tags: | Refund, return |
Date: | March 21, 2024 |
Excerpt of answer: |
The assessee has to file the return showing the correct income including the refund if any payable to the assesseee. (read more)
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Query regarding NGO Registration U/s 12AA/12AB | |
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Subject: | Query regarding NGO Registration U/s 12AA/12AB |
Category: | Income-Tax |
Asked by: | CA RAHUL KUMAR HARLALKA |
Answered by: | Advocate Neelam Jadhav |
Tags: | charitable trust, NGO, registration |
Date: | March 18, 2024 |
Excerpt of answer: |
The NGO should file a detailed application with supported by an affidavit for condonation application explaining the reasons for the delay to the CBDT and copy to the Assessing Officer . In case the CBDT rejects the application the assessee can file writ before the High Court . (read more)
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Addition on account of difference in receipts as per P & L Account vis-a-vis Form 26AS | |
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Subject: | Addition on account of difference in receipts as per P & L Account vis-a-vis Form 26AS |
Category: | Income-Tax |
Asked by: | Deepali |
Answered by: | Research Team |
Tags: | 26AS, adjustment, Book profit, form no 26AS |
Date: | March 18, 2024 |
Excerpt of answer: |
Yes no adjustment can be made by the Assessing Officer . Refer Apollo Tyres Ltd v. CIT (2002) 255 ITR 273/122 Taxman 562/174 CTR 521 (SC), the Court held that when the net profits in profit and loss account prepared in accordance with Parts II and III of Schedule VI to Companies Act. Accounts scrutinised… (read more)
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default u/s 271(1)(b) | |
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Subject: | default u/s 271(1)(b) |
Category: | Income-Tax |
Asked by: | pawan |
Answered by: | Advocate Neelam Jadhav |
Tags: | 271(1)(b), penalty |
Date: | March 18, 2024 |
Excerpt of answer: |
S. 273B provides that, inter alia, penalty u/s. 271(1)(b) need not be imposed, if it is proved that there was a reasonable cause for the said failure of the assessee to comply with the provisions of section 271(1)(b). In the case of Balram Kumar Mahendra vs. ITO [2012] 12 ITR (T) 426 (Delhi)(Trib.) held that… (read more)
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capital gain, development agreement , society | |
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Subject: | capital gain, development agreement , society |
Category: | Income-Tax |
Asked by: | VIJAY |
Answered by: | Research Team |
Tags: | Capital Gains, development agreement, society |
Date: | March 17, 2024 |
Excerpt of answer: |
One has to read the terms of the development agreement to advise on tax implication on society . (read more)
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Composition scheme | |
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Subject: | Composition scheme |
Category: | GST |
Asked by: | Lalit |
Answered by: | Advocate C.B.Thakar |
Tags: | Composition scheme, tax free goods |
Date: | March 17, 2024 |
Excerpt of answer: |
As per the scheme, there is no such deduction towards exempted goods. (read more)
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Return form capital gains – Sale of depreciable assets . | |
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Subject: | Return form capital gains – Sale of depreciable assets . |
Category: | Income-Tax |
Asked by: | S.G .Hegde Adocate Mumbai |
Answered by: | Mr . H. N. Motiwalla |
Tags: | Return form capital gains – Sale of depreciable assets . |
Date: | March 14, 2024 |
Excerpt of answer: |
This view has been confirmed by the Supreme Court in CIT Vs. V. S. Dempo Company Ltd [ (2016) 387 ITR 354]. Wherein the Supreme Court has approved the judgement of the Bombay High Court in CIT Vs. ACE Builders Pvt. Ltd. [ (2006) 281 ITR 598]. In the aforesaid judgement the Bombay High Court… (read more)
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cost of improvement in capital gains | |
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Subject: | cost of improvement in capital gains |
Category: | Income-Tax |
Asked by: | sirivella gopal |
Answered by: | Research Team |
Tags: | Cost of improvements, land cost |
Date: | March 12, 2024 |
Excerpt of answer: |
One has to read the terms of the agreement . Expenditure incurred in connection with transfer of asset is allowable as deduction. In ACIT v. Ijyaraj Singh (2020) 183 ITD 237 / 207 TTJ 953 (Jaipur) (Trib.) held that development expenses incurred on land before its sale was required to put property in saleable condition… (read more)
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