Answers to queries on legal issues

If you have a query relating to any legal issue, you can use the form to ask it. We will request our expert panel to provide an answer as soon as possible. This service is for a limited period. So, please avail of it soon

Query regarding NGO Registration U/s 12AA/12AB
Subject: Query regarding NGO Registration U/s 12AA/12AB
Category: 
Asked by: CA RAHUL KUMAR HARLALKA
Answered by:
Tags: , ,
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)
Addition on account of difference in receipts as per P & L Account vis-a-vis Form 26AS
Subject: Addition on account of difference in receipts as per P & L Account vis-a-vis Form 26AS
Category: 
Asked by: Deepali
Answered by:
Tags: , , ,
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)
default u/s 271(1)(b)
Subject: default u/s 271(1)(b)
Category: 
Asked by: pawan
Answered by:
Tags: ,
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)
capital gain, development agreement , society
Subject: capital gain, development agreement , society
Category: 
Asked by: VIJAY
Answered by:
Tags: , ,
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)
Composition scheme
Subject: Composition scheme
Category: 
Asked by: Lalit
Answered by:
Tags: ,
Date: March 17, 2024
Excerpt of answer:
As per the scheme, there is no such deduction towards exempted goods. (read more)
Return form capital gains – Sale of depreciable assets .
Subject: Return form capital gains – Sale of depreciable assets .
Category: 
Asked by: S.G .Hegde Adocate Mumbai
Answered by:
Tags:
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)
cost of improvement in capital gains
Subject: cost of improvement in capital gains
Category: 
Asked by: sirivella gopal
Answered by:
Tags: ,
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)
Tax on Updated Return
Subject: Tax on Updated Return
Category: 
Asked by: CA Adarsh Singh
Answered by:
Tags: ,
Date: March 7, 2024
Excerpt of answer:
The assessee may write to the CBDT for clarification . According to us the asseesseee should get the credit for the self assessment tax paid . In case the credit is not given the assessee may have to file writ before the High Court . In Balmukund Acharya v. Dy. CIT ( 2009) 310 ITR… (read more)
Query on 270AA of IT Act–Immunity from Imposition of Penalty
Subject: Query on 270AA of IT Act–Immunity from Imposition of Penalty
Category: 
Asked by: CA. Ankit Tantia
Answered by: Reply of the Expert is awaited;
Tags:
Date: March 4, 2024
Excerpt of answer: Reply of the Expert is awaited. Please check back later
Issue of shares to promoters
Subject: Issue of shares to promoters
Category: 
Asked by: Pooja
Answered by:
Tags: ,
Date: March 4, 2024
Excerpt of answer:
A Private Ltd can make initial issue to promoters at face value. Later on, when company create genuine reserve out of profit, it can issue share to promotes as well as members to its Net Asset Value (NAV) method. Net Asset Value method has ben prescribed by Rule 11UA of the Income tax Rules 1962..… (read more)