Answers to queries on legal issues
Immovable property valuation under rule 11UA of the income tax act | |
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Subject: | Immovable property valuation under rule 11UA of the income tax act |
Category: | Income-Tax |
Asked by: | Sriram |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Immovable property valuation under rule 11UA, Stamp Duty |
Date: | July 29, 2023 |
Excerpt of answer: |
For the purpose of valuing the shares of an unquoted company where there is an immovable property held by a company, the immovable property has to be valued at stamp duty value according to Rule 11UA(c)(b) of the Income-tax Rules, 1962. (read more)
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Deduction u/s 80IBA for an individual land owner against business income in revenue sharing JV for affordable housing projects. | |
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Subject: | Deduction u/s 80IBA for an individual land owner against business income in revenue sharing JV for affordable housing projects. |
Category: | Income-Tax |
Asked by: | Dharamchand Parakh |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Deduction 80IBA, JV, S.800IBA |
Date: | July 29, 2023 |
Excerpt of answer: |
It is advisable for the JV to claim the deduction under section 80IBA of the Act. However, if all the other conditions are satisfied, the individual assessee who claims a share in revenue should be allowed a deduction under section 80IBA of the Act (read more)
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Sec. 144 and sec 68 | |
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Subject: | Sec. 144 and sec 68 |
Category: | Income-Tax |
Asked by: | Prakash |
Answered by: | Research Team |
Tags: | Best judgement assessment, Unexplained cash credit |
Date: | July 29, 2023 |
Excerpt of answer: |
The action of the Assessing Officer is not justified . Even while passing the order under section 144 of the Act the Assessing Officer to pass the order considering past records . The order cannot be arbitrary . In DCIT v. Bridge & Building Construction Co. (P.) Ltd (2022) 94 ITR 515 ( Kol)( Trib)… (read more)
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HOW MANY CASES ARE PENDING | |
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Subject: | HOW MANY CASES ARE PENDING |
Category: | Income-Tax |
Asked by: | MAYUR NAYAK |
Answered by: | Research Team |
Tags: | pendency of appeals |
Date: | July 28, 2023 |
Excerpt of answer: |
: According to the reliable information about 45000 appeals before ITAT and about 6 lakhs appeals before the Commissioner (Appals ). If you desires to know the exact figures , you may make an application under RTI Act . (read more)
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TDS under section 194H &194Q | |
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Subject: | TDS under section 194H &194Q |
Category: | Income-Tax |
Asked by: | Sachin Dinkar More |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Commission, sale price, Tax deduction at source, TDS U/S 194H, TDS U/S 194Q |
Date: | July 26, 2023 |
Excerpt of answer: |
The Buyer cannot deduct tax under section 194H of the Act on the whole amount of Rs. 1,02,100/-. Deduction under section 194H of the Act should be restricted to commission and deduction under section 194Q of the Act should be on the Sale price. (read more)
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Response to notice under section 133(6) | |
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Subject: | Response to notice under section 133(6) |
Category: | Income-Tax |
Asked by: | Lavanya |
Answered by: | Research Team |
Tags: | Notice u/s 133(6), Response |
Date: | July 25, 2023 |
Excerpt of answer: |
Yes the assessee can submit once again the document with attachment . (read more)
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capital Gain on LTCG | |
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Subject: | capital Gain on LTCG |
Category: | Income-Tax |
Asked by: | shubham shah |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | capital gain, Capital Gains, stock in trade |
Date: | July 24, 2023 |
Excerpt of answer: |
Reference may be drawn on the CBDT Circular No. 560, dated May 18, 1990 [1990] 184 ITR St. 1 wherein it was clarified that for purposes of qualifying for a deduction under section 54E of the Act, the date of transfer is the date on which the capital asset is converted by the assessee into… (read more)
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itat judgment on multi state cooperative credit society | |
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Subject: | itat judgment on multi state cooperative credit society |
Category: | Income-Tax |
Asked by: | c a prasad r kulkarni |
Answered by: | Research Team |
Tags: | Binding precent, multi state cooperative credit society, Precedent, ratio |
Date: | July 23, 2023 |
Excerpt of answer: |
The ratio cannot be applicable to other assesses. (read more)
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Intimation order u/s 143(1) | |
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Subject: | Intimation order u/s 143(1) |
Category: | Income-Tax |
Asked by: | Sakshi Dokania |
Answered by: | Research Team |
Tags: | charitable trust, Intimation, intimation u/s 143(1)(a) |
Date: | July 22, 2023 |
Excerpt of answer: |
It is desirable to file an appeal as well as rectification application. If rectification application is allowed , the appeal may be withdrawn . (read more)
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Surcharge in case if maximum marginal rate for AOP | |
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Subject: | Surcharge in case if maximum marginal rate for AOP |
Category: | Income-Tax |
Asked by: | D |
Answered by: | Reply of the Expert is awaited; |
Tags: | Association of persons (AOP), Marginal Tax, Taxation of Trusts |
Date: | July 21, 2023 |
Excerpt of answer: | Reply of the Expert is awaited. Please check back later |