Answers to queries on legal issues

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Deduction for NPS contribution by self employed person under new tax regime
Subject: Deduction for NPS contribution by self employed person under new tax regime
Category: 
Asked by: karan balani
Answered by:
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Date: September 23, 2023
Excerpt of answer:
NPS contributions means the contribution to the pension scheme of the Central Government. The National Pension Scheme (NPS) in India is a voluntary and long-term investment plan for retirement. The National Pension Scheme (NPS) is a social security initiative by the Central Government. This pension program is open to employees from the public, private, and… (read more)
ITAT APPEAL FEES
Subject: ITAT APPEAL FEES
Category: 
Asked by: PARASHAR KHAMBHOLIYA
Answered by:
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Date: September 20, 2023
Excerpt of answer:
Where assessee is assessed at a loss, its case would be governed by clause (d) of section 253(6) as clause (a) or (b) or (c) postulates assessment out of a positive figure and, in such a situation, court fee payable by assessee would be five hundred rupees only . Refer, Gibs Computer Ltd v.ITAT (2009))… (read more)
MAT Credit and Addition u/s 68
Subject: MAT Credit and Addition u/s 68
Category: 
Asked by: Radhey Shyam
Answered by:
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Date: September 19, 2023
Excerpt of answer:
As the Tax under normal provisions is greater than the tax on book profits, the assessee would have to pay tax as per normal provisions. The Assessee would be entitled to credit the excess MAT credit with the tax liability in the year the assessee is paying tax as per book profits. (read more)
148A after Judgement of Telengana HC
Subject: 148A after Judgement of Telengana HC
Category: 
Asked by: bs
Answered by:
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Date: September 17, 2023
Excerpt of answer:
The Hon'ble Telangana High Court in the case of WP 25903 of 2023 dated September 14, 2023 (itatonline.org ) has held that reassessment proceedings and issuance of notice have to be done by the faceless authority as per section 151 of the Income-tax Act, 1961 (Act), the said order is binding in the state of… (read more)
Sec. 45(4) and 9 B of the Income Tax Act.
Subject: Sec. 45(4) and 9 B of the Income Tax Act.
Category: 
Asked by: prakash
Answered by:
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Date: September 12, 2023
Excerpt of answer:
According to the formula prescribed under section 45(4) of the Act, there will be a capital gain tax liability on the Partnership firm. The retiring partner will not have any tax liability. (read more)
Sale of Shares received as ESOPS
Subject: Sale of Shares received as ESOPS
Category: 
Asked by: ANKUR AGRAWAL
Answered by:
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Date: September 10, 2023
Excerpt of answer:
Amount received on sale of ESOPS will be taxed under the head ‘Capital Gains’. If the unlisted shares are held for more than 24 months from the date of allotment of shares, it will be taxed as long-term capital gain (along with benefit of indexation) and if sold within 24 months from the date of… (read more)
PROSECUTION ON TDS
Subject: PROSECUTION ON TDS
Category: 
Asked by: Prakash
Answered by:
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Date: September 9, 2023
Excerpt of answer:
According to section 278AA of the Act, Prosecution is not to be initiated where there is a reasonable cause for failure in depositing TDS. The assessee will have to demonstrate a reasonable cause. (read more)
Deduction of Interest paid on borrowed capital
Subject: Deduction of Interest paid on borrowed capital
Category: 
Asked by: Prakash
Answered by:
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Date: September 9, 2023
Excerpt of answer:
Whether the assessee had already commenced business or was pre-operational, as we understand in the case of Tuticorin Alkali Chemicals & Fertilizers Ltd v. CIT ( 1997) 227 ITR 172 (SC) was an issue of capitalization of borrowing cost during the pre-operational period. Refer , CIT v. Bakaro Steel (1999) 236 ITR 315 ( SC),… (read more)
Levy of Penalty u/s 270A of Income Tax Act, 1961
Subject: Levy of Penalty u/s 270A of Income Tax Act, 1961
Category: 
Asked by: CA. Ankit Tantia
Answered by:
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Date: September 8, 2023
Excerpt of answer:
The assessee may make an application under section 270AA of the Act for waiver of penalty. (read more)
Section 80G
Subject: Section 80G
Category: 
Asked by: B
Answered by:
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Date: September 6, 2023
Excerpt of answer:
File an appeal before Appellate Tribunal . (read more)