Answers to queries on legal issues

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unused amount deposited in Cap Gain Scheme before due date
Subject: unused amount deposited in Cap Gain Scheme before due date
Category: 
Asked by: bs
Answered by:
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Date: August 31, 2025
Excerpt of answer:
Under Sections 54 & 54F, if the amount deposited in the CGAS remains unutilized within the prescribed period, it becomes taxable in that year. No, another flat cannot be claimed against the unutilized amount in the 4th year. For the unutilized amount, the exemption is forfeited and it becomes taxable. (read more)
INTERPRETATION OF SEC 244A(3)
Subject: INTERPRETATION OF SEC 244A(3)
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Asked by: Sushila Lunawat
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Date: August 24, 2025
Excerpt of answer:
In my view, the additional interest u/s 244A(1A) is applicable only in cases where refund arises due to appellate/revisional orders specified in Sec. 244A(1A). Section 244A(1A) "(1A) In a case where a refund arises as a result of giving effect to an order under section 250 or section 254 or section 260 or section 262… (read more)
How many days it takes to receive itat order after order are pronounced
Subject: How many days it takes to receive itat order after order are pronounced
Category: 
Asked by: Roma prakash chhugani
Answered by:
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Date: August 24, 2025
Excerpt of answer:
The order is uploaded on the website of the ITAT immediately after the order is pronounced in Court. A certified copy takes about 4 to 6 weeks to be dispatched and may require some follow up with the clerk if there is some urgency. (read more)
Indexed Cost of Improvements
Subject: Indexed Cost of Improvements
Category: 
Asked by: Prabhat Kumar
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Date: August 24, 2025
Excerpt of answer:
If you have bank statements showing the payments and the contractor is willing to confirm that he did the structural improvements, it would help in the absence of bills. If any municipal approvals were obtained, that would also help. An architect's certificate and/ or the valuer's certificate would also help. (read more)
Criminal appeals
Subject: Criminal appeals
Category: 
Asked by: Patil
Answered by:
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Date: August 24, 2025
Excerpt of answer:
The appeal is maintainable under Article 132 only if the case involves a substantial question of law as to the interpretation of the Constitution and the High Court issues a certificate to that effect. An acquittal on insanity grounds is unlikely to meet this threshold unless it involves a constitutional issue. The appeal is not… (read more)
INCOME TAX ACT – APPLICABILITY OF SEC 112A
Subject: INCOME TAX ACT – APPLICABILITY OF SEC 112A
Category: 
Asked by: L SAI KRISHNA KUMAR
Answered by:
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Date: August 24, 2025
Excerpt of answer:
(i) Yes. The exemption of ₹1,25,000 under Section 112A can be claimed even if the GTI is zero or negative. The exemption applies specifically to LTCG from specified securities, and it is not contingent on the GTI being positive. (ii) Only the excess LTCG over ₹1,25,000 is taxable under Section 112A. (read more)
Demand not cancelled from Income tax portal after VSV 2.0 settlement Form 4 issued
Subject: Demand not cancelled from Income tax portal after VSV 2.0 settlement Form 4 issued
Category: 
Asked by: Manoj Mandke
Answered by:
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Date: August 24, 2025
Excerpt of answer:
This is a procedural lapse by the Dept. You can re-agitate the matter in CPGRAMS with the JAO's response. You may also write to the VSV helpdesk at vsv.helpdesk@incometax.gov.in & to the CPC at cpc.support@incometax.gov.in. In the last alternative, you may file a writ petition asking the HC for directions to the AO to quash… (read more)
TDS u/s 194N – Cash withdrawal from Bank
Subject: TDS u/s 194N – Cash withdrawal from Bank
Category: 
Asked by: kollipara sundaraiah
Answered by:
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Date: August 24, 2025
Excerpt of answer:
There is no difficulty in doing so. Section 194A requirements are fulfilled if the TDS is paid out of the SB A/c. (read more)
Capital Gains on redeveloped property
Subject: Capital Gains on redeveloped property
Category: 
Asked by: Parthiv
Answered by:
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Date: August 24, 2025
Excerpt of answer:
(i) We can also index the cost of the additional property acquired in FY 2021-22. If so, the total ICA will be ₹85.90 lakh. (ii) Yes. All components (original, allotted, and purchased areas) have a holding period exceeding 24 months by FY 2025-26. So, the gain will be assessable as LTCG. (iii) Yes. Section 54… (read more)
income tax query
Subject: income tax query
Category: 
Asked by: kollipara sundaraiah
Answered by:
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Date: August 14, 2025
Excerpt of answer:
A hospital run by a non-medico person will be taxable as business income and not professional income, and is eligible for the presumptive taxation scheme under Section 44AD. There is no compulsion to choose Section 44ADA (if gross receipts are within ₹3 crore). Please check your software. You can choose business code 18001 for hospital… (read more)