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

Is TDS deductible on Mortgage NOC Charges levied by CIDCO Ltd, Maharashtra
Subject: Is TDS deductible on Mortgage NOC Charges levied by CIDCO Ltd, Maharashtra
Category: 
Asked by: S T Iyengar
Answered by: Reply of the Expert is awaited;
Tags: , , ,
Date: August 11, 2023
Excerpt of answer:
There is no provision under Chapter XVII of the Income-tax Act, 1961 for deduction of tax on payment for a No Objection Certificate. Hence there would be no requirement for deduction of tax at source on such a transaction. (read more)
Capital contribution by partners
Subject: Capital contribution by partners
Category: 
Asked by: Akshay
Answered by:
Tags: , ,
Date: August 10, 2023
Excerpt of answer:
As per section 32(1) of the Limited Liability Partnership Act of 2008, a contribution can be made in the form of a tangible, movable or any form of immovable or intangible property or any other form of benefit to the limited liability partnership which can include money, promissory notes and other agreements which can contribute… (read more)
GIFT
Subject: GIFT
Category: 
Asked by: Sharjeel
Answered by:
Tags: , ,
Date: August 10, 2023
Excerpt of answer:
As we understand, a brother has paid a developer on behalf of his sister a sum of Rs. 5 lakhs. It is advisable to execute a gift deed of Rs. 5 lakhs. Even if it is termed as "gift", gift from a relative is exempted under section 56(2)(x) of the Act. (read more)
153C proceedings
Subject: 153C proceedings
Category: 
Asked by: manali
Answered by: ,
Tags: , ,
Date: August 7, 2023
Excerpt of answer:
The assessee has to file the return in response to notice . The Assessing Officer must have recorded the satisfaction before the issue of the notices . However on merit no addition can be made in the assessment of the assessee , merely relying on the statement u/s 132(4) of the Act of the CFO… (read more)
retrospective amendent
Subject: retrospective amendent
Category: 
Asked by: bs
Answered by:
Tags: , ,
Date: August 7, 2023
Excerpt of answer:
Finance Act No.2 , 2014 provided to allow other valid modes like “ use of electronic clearing system through a bank account e.ef -1-4 – 2015 extending the scope w.e.f Assessment year 2015 16 limits the purpose of the amendment . The amendment being clarificatory RTGS payments/repayments for the years prior to amendments of 269SS/269T… (read more)
The NEW SURCHARGE SCHEME vs (X) Auto calculation by CBC ?
Subject: The NEW SURCHARGE SCHEME vs (X) Auto calculation by CBC ?
Category: 
Asked by: vswaminathan
Answered by:
Tags:
Date: August 6, 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)
Redevelopment of society – Old Flat in the bldg demolished and new one constructed
Subject: Redevelopment of society – Old Flat in the bldg demolished and new one constructed
Category: 
Asked by: CA Rajesh Sanghvi
Answered by:
Tags: ,
Date: August 3, 2023
Excerpt of answer:
The Hon'ble Bombay High Court in the case of CIT v. Chhaya Parekh ITXA(L)1583 of 2012 dated January 24, 2013 (Bom)(HC) held that demolishing of a structure is not a transfer. Without prejudice, assuming there is a transfer, there is an immediate application of deduction under section 54 of the Act. Therefore, there will be… (read more)
Pagdi flat redevelopment
Subject: Pagdi flat redevelopment
Category:  ,
Asked by: Avinash
Answered by:
Tags: ,
Date: August 2, 2023
Excerpt of answer:
Depends upon the scheme approved by the Competent Authority and the negotiation with developer . (read more)
Income tax clarification under “Profits & Gains from Business and Professions”
Subject: Income tax clarification under “Profits & Gains from Business and Professions”
Category: 
Asked by: Samiran Banerjee
Answered by:
Tags: , ,
Date: August 1, 2023
Excerpt of answer:
The income is taxable and should be offered to tax as Business Income. The Assessee is at liberty to offer the net profits from the Business or avail the deeming provision to determine business income. (read more)
Contribution under LLP Act
Subject: Contribution under LLP Act
Category: 
Asked by: Ravindra PCS
Answered by:
Tags: , ,
Date: July 31, 2023
Excerpt of answer:
One has to read the terms of the LLP agreement . (read more)