Answers to queries on legal issues

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Clarification on escapement of income
Subject: Clarification on escapement of income
Category: 
Asked by: Suresh Goyal
Answered by:
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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)
HUF, Redevelopment
Subject: HUF, Redevelopment
Category:  ,
Asked by: Deepak
Answered by:
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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)
LEAVE ENCASHMENT EXEMPTION APPLICABILITY LIMIT OF RS 2500000 IS APPLICABLE IN ALL THE CASES
Subject: LEAVE ENCASHMENT EXEMPTION APPLICABILITY LIMIT OF RS 2500000 IS APPLICABLE IN ALL THE CASES
Category: 
Asked by: Y S MAHAPATRA
Answered by:
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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)
TAXABILITY OF CAPITAL GAINS ARISING OUTSIDE INDIA
Subject: TAXABILITY OF CAPITAL GAINS ARISING OUTSIDE INDIA
Category: 
Asked by: K A VAIDYALINGAN
Answered by:
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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)
VALIDITY OF ASSESSMENT PURSUANT TO NOTICE U/S. 148 ISSUED WITH SHORTER PERIOD
Subject: VALIDITY OF ASSESSMENT PURSUANT TO NOTICE U/S. 148 ISSUED WITH SHORTER PERIOD
Category: 
Asked by: K A VAIDYALINGAN
Answered by: Reply of the Expert is awaited;
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Date: June 30, 2023
Excerpt of answer: Reply of the Expert is awaited. Please check back later
block of asset
Subject: block of asset
Category: 
Asked by: BKS
Answered by:
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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)
mutuality
Subject: mutuality
Category: 
Asked by: bks
Answered by:
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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)
Miscellaneous Application, Rectification of Mistake apparent from the record .
Subject: Miscellaneous Application, Rectification of Mistake apparent from the record .
Category: 
Asked by: Chahal
Answered by:
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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)
What is the Surcharge Rate for AOP whose all members have income above taxable limits and shares of the beneficiaries are determinate
Subject: What is the Surcharge Rate for AOP whose all members have income above taxable limits and shares of the beneficiaries are determinate
Category: 
Asked by: VINAY GOENKA
Answered by: Reply of the Expert is awaited;
Tags:
Date: June 26, 2023
Excerpt of answer: Reply of the Expert is awaited. Please check back later
Validity of notice u/s 148
Subject: Validity of notice u/s 148
Category: 
Asked by: Suresh Goyal
Answered by:
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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)