Answers to queries on legal issues
Clarification on escapement of income | |
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Subject: | Clarification on escapement of income |
Category: | Income-Tax |
Asked by: | Suresh Goyal |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Capital Gains, Notice, Penny Stocks, Reassessment, undisclosed income |
Date: | July 1, 2023 |
Excerpt of answer: |
The query is incomplete. We would have to understand if there is an allegation of an accommodation entry or an order of SEBI. Also, when were the reassessment proceedings initiated? (read more)
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HUF, Redevelopment | |
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Subject: | HUF, Redevelopment |
Category: | General Law, Income-Tax |
Asked by: | Deepak |
Answered by: | Research Team |
Tags: | HUF, redevelopment |
Date: | July 1, 2023 |
Excerpt of answer: |
The Bombay High Court in Kiran Baburao Vanjari vs M/S. Goregaon Unnati Chs Ltd Letters Patent Appeal No- 202 of 2011 in WP No. 7389 of 2008 wit CA No. 272 of 2011 , dt. 28 -8 -2011 (Bom) (HC) has held that that 100% majority is not required for redevelopment of the building. Once… (read more)
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LEAVE ENCASHMENT EXEMPTION APPLICABILITY LIMIT OF RS 2500000 IS APPLICABLE IN ALL THE CASES | |
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Subject: | LEAVE ENCASHMENT EXEMPTION APPLICABILITY LIMIT OF RS 2500000 IS APPLICABLE IN ALL THE CASES |
Category: | Income-Tax |
Asked by: | Y S MAHAPATRA |
Answered by: | Research Team |
Tags: | leave encashment, LEAVE ENCASHMENT EXEMPTION, leave salary |
Date: | June 30, 2023 |
Excerpt of answer: |
Leave encashment is taxed in the year it is received by an employee. As the querist has not yet received the leave encashment, he will be eligible to avail the benefit of the new limit of Rs 25,00,000/- for taxation purposes. However, it is pertinent to note that leave encashment received by a government employee… (read more)
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TAXABILITY OF CAPITAL GAINS ARISING OUTSIDE INDIA | |
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Subject: | TAXABILITY OF CAPITAL GAINS ARISING OUTSIDE INDIA |
Category: | Income-Tax |
Asked by: | K A VAIDYALINGAN |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Capital Gains, non-resident taxation, set off, taxability |
Date: | June 30, 2023 |
Excerpt of answer: |
Irrespective of whether the shares are listed or unlisted, LTCG on the sale of foreign shares is taxed at 20% tax with the benefit of indexation as per section 112 of the Act. Yes, set off of losses on the sale of shares in India would be allowed to the assessee. (read more)
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VALIDITY OF ASSESSMENT PURSUANT TO NOTICE U/S. 148 ISSUED WITH SHORTER PERIOD | |
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Subject: | VALIDITY OF ASSESSMENT PURSUANT TO NOTICE U/S. 148 ISSUED WITH SHORTER PERIOD |
Category: | Income-Tax |
Asked by: | K A VAIDYALINGAN |
Answered by: | Reply of the Expert is awaited; |
Tags: | Reassessment, reopening of assessment |
Date: | June 30, 2023 |
Excerpt of answer: | Reply of the Expert is awaited. Please check back later |
block of asset | |
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Subject: | block of asset |
Category: | Income-Tax |
Asked by: | BKS |
Answered by: | Advocate Neelam Jadhav |
Tags: | Block of asset, Block of assets, depreciation |
Date: | June 29, 2023 |
Excerpt of answer: |
Section 2(11) of the Act , defines the block of assets . In the block of assets concept , the use of individual assets for the purpose of its business can be examined only in the first year when the asset is purchased and subsequent years’ use of a block of assets. The existence of… (read more)
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mutuality | |
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Subject: | mutuality |
Category: | Income-Tax |
Asked by: | bks |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | club, Mutual Concern, Mutuality, Principle of mutuality |
Date: | June 29, 2023 |
Excerpt of answer: |
The principle of mutuality postulates that all the contributors to the common fund must be entitled to participate in the surplus and that all the participators in the surplus are contributors to the common fund. However, a club is not bound to follow such a principle. (read more)
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Miscellaneous Application, Rectification of Mistake apparent from the record . | |
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Subject: | Miscellaneous Application, Rectification of Mistake apparent from the record . |
Category: | Income-Tax |
Asked by: | Chahal |
Answered by: | Research Team |
Tags: | ITAT, Limitation, Miscellaneous application, Rectification of Mistake apparent from the record, S. 254(2) |
Date: | June 27, 2023 |
Excerpt of answer: |
As per section 254(2) , the rectification application may have to be filed within six months from the end of the month in which the order was passed . In Anil Kumar Nevatia v. ITO (2021)434 ITR 261/ 203 DTR 92/ 278 Taxman 235 / 321 CTR 368 (Cal) (HC) held that the Limitation period… (read more)
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What is the Surcharge Rate for AOP whose all members have income above taxable limits and shares of the beneficiaries are determinate | |
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Subject: | What is the Surcharge Rate for AOP whose all members have income above taxable limits and shares of the beneficiaries are determinate |
Category: | Income-Tax |
Asked by: | VINAY GOENKA |
Answered by: | Reply of the Expert is awaited; |
Tags: | rate of tax |
Date: | June 26, 2023 |
Excerpt of answer: | Reply of the Expert is awaited. Please check back later |
Validity of notice u/s 148 | |
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Subject: | Validity of notice u/s 148 |
Category: | Income-Tax |
Asked by: | Suresh Goyal |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Notice, Reassessment, validity |
Date: | June 26, 2023 |
Excerpt of answer: |
I don't think that should be a reason to hold the Notice under section 148 of the Act as invalid as the assessee has already been issued a show cause notice under section 148A(b) of the Act, the assessee's objections are recorded and a reasoned order is passed under section 148A(d) of the Act. (read more)
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