Answers to queries on legal issues

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Objections to the draft order u/s.144C filed with DRP
Subject: Objections to the draft order u/s.144C filed with DRP
Category: 
Asked by: Moti
Answered by:
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Date: August 28, 2023
Excerpt of answer:
The assessee should file a revised form 35A signed by the competent Authority and pray for condonation of delay . The order of Tribunal is valid in law . Non signing of the appeal memo by the competent person is a curable defects Refer , Manek Sheth ( HUF) v. CIT( 1995) 213 ITR 715… (read more)
NEW SURCHARGE SCHEME (contd.)
Subject: NEW SURCHARGE SCHEME (contd.)
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Asked by: vswaminathan
Answered by:
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Date: August 27, 2023
Excerpt of answer:
Joint representation is needed. It may be desirable to take up the issue the Bombay Chartered Accountant’s Society or the Chamber of Tax consultants Mumbai. (read more)
Slump sale vs slump exchange
Subject: Slump sale vs slump exchange
Category: 
Asked by: pankaj kumar
Answered by: Reply of the Expert is awaited;
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Date: August 23, 2023
Excerpt of answer: Reply of the Expert is awaited. Please check back later
TDS on internet lease line from telecom service provider
Subject: TDS on internet lease line from telecom service provider
Category: 
Asked by: Mansi
Answered by: Reply of the Expert is awaited;
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Date: August 23, 2023
Excerpt of answer: Reply of the Expert is awaited. Please check back later
Property Purchased in the name of wife but all payment are made by Husband
Subject: Property Purchased in the name of wife but all payment are made by Husband
Category: 
Asked by: Bikash Roy Chowdhury
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Date: August 22, 2023
Excerpt of answer:
The assessee should file the return and also file detailed reply explaining the source of investment as well as supporting evidence . The Revenue may drop the reassessment proceedings . (read more)
Assessment U/Sec. 153C
Subject: Assessment U/Sec. 153C
Category: 
Asked by: Manali
Answered by: Reply of the Expert is awaited;
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Date: August 17, 2023
Excerpt of answer: Reply of the Expert is awaited. Please check back later
condonation of delay in filing form 10IE and return after due date
Subject: condonation of delay in filing form 10IE and return after due date
Category: 
Asked by: BS
Answered by:
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Date: August 16, 2023
Excerpt of answer:
The aasseessee may file an application before CBDT . The CBDT can condone the delay . In case the CBDT rejects the application the assessee can file writ petition against the said rejection order . (read more)
capital gain
Subject: capital gain
Category: 
Asked by: Prakash
Answered by:
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Date: August 16, 2023
Excerpt of answer:
One has to find out capital gains on sale of the plot of land . It seems the amount is in the designated account for more than three years . One has to study the scheme in which the amount was deposited . On the expiry of three years the assessee should have filed the… (read more)
SEC 10(23C) and income of Educational trust
Subject: SEC 10(23C) and income of Educational trust
Category: 
Asked by: Manali
Answered by:
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Date: August 16, 2023
Excerpt of answer:
Please refer section 10(23C) (iiid ). If the aggregate annual receipts does not exceed five crores the assessee can make an application under section 10(23C) of the Act subject to other conditions. As the charitable organization is registered under section 12A of the Act as well as section 10(23C) of the Act, the organization can… (read more)
income tax 149 time limit reassesment
Subject: income tax 149 time limit reassesment
Category: 
Asked by: sagar khurana
Answered by:
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Date: August 13, 2023
Excerpt of answer:
The Department will compute the period of limitation factoring the Taxation and Other Laws (Relaxation of Certain Provisions) Act, 2020. By that argument, the period of limitation will be within three years. The issue is sub judice before the Hon'ble Supreme Court. (read more)