Answers to queries on legal issues

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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
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Asked by: DCIT-14(1)(1) Mumbai
Answered by:
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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)
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
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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
Category: 
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
Answered by:
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Date: October 3, 2023
Excerpt of answer: Reply of the Expert is awaited. Please check back later