Answers to queries on legal issues
vivad se visvas scheme order not received | |
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Subject: | vivad se visvas scheme order not received |
Category: | Income-Tax |
Asked by: | Kunal Jain |
Answered by: | Research Team |
Tags: | Form No 5, vivad se visvas scheme, Viwad Se Vishwas Form 5 |
Date: | July 12, 2023 |
Excerpt of answer: |
Ans : It is desirable to file the revised form in case the Portal is not accepting , the assessee may send by post . The assessee may also write to CBDT . In case no response is received within reasonable time , the asssessee may file writ before the High Court . (read more)
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Penalty U/Sec. 271DA | |
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Subject: | Penalty U/Sec. 271DA |
Category: | Income-Tax |
Asked by: | Prakash |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | 69, penalty, Section 271DA |
Date: | July 8, 2023 |
Excerpt of answer: |
The quantum proceedings and penalty proceedings are independent of each other. The action taken by the Department is not incorrect. The Assessee should explain how the provisions of section 269ST of the Act are not applicable to the case of the Assessee. (read more)
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GST Applicability on corporate Guarantee | |
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Subject: | GST Applicability on corporate Guarantee |
Category: | GST |
Asked by: | Vaibhav Aggarwal |
Answered by: | Advocate C.B.Thakar |
Tags: | corporate guarantee, GST |
Date: | July 8, 2023 |
Excerpt of answer: |
The issue whether providing Corporate Guarantee by one company to other Group Company attracts GST, is debatable issue. The Group concerns will normally fall in definition of related parties and therefore even without consideration there may be taxable supply as per entry 2 in Schedule I to CGST Act. The said entry reads as under:… (read more)
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Sec 68 of the Act | |
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Subject: | Sec 68 of the Act |
Category: | Income-Tax |
Asked by: | Manali |
Answered by: | KSA Legal Chambers, reserch team |
Tags: | cross examination, Sale of jewellery, Unexplained cash credit |
Date: | July 7, 2023 |
Excerpt of answer: |
The Assessing Officer cannot make additions of Rs 5,00,000/- under section 68 of the Income Tax Act, 1961, when source of cash received in the bank account is disclosed. Further, if the sales are reflected in the books of accounts and quantitative records is maintained along with stock register, additions made by the Assessing Officer… (read more)
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SEC.11(1A) of the Act. | |
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Subject: | SEC.11(1A) of the Act. |
Category: | Income-Tax |
Asked by: | Prakash |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | charitable trust, lease right |
Date: | July 7, 2023 |
Excerpt of answer: |
It is a well-settled position in law that books of accounts and computation of income are not conclusive for determining tax liability. Tax liability should be determined as per the provisions of the Income-tax Act, 1961. Therefore, the action of the Ld. CIT(A) is correct in allowing the appeal of the assessee. Furthermore, the revenue… (read more)
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Non-Resident and declaring LTCG | |
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Subject: | Non-Resident and declaring LTCG |
Category: | Income-Tax |
Asked by: | Shail Patel |
Answered by: | Research Team |
Tags: | Capital Gains, Long term capital gains, Non- Resident, non-resident taxation |
Date: | July 6, 2023 |
Excerpt of answer: |
NRI must declare LTCG details in ITR 2 under section 112 (c) of the Income tax Act, 1961. (read more)
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capital gains scheme | |
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Subject: | capital gains scheme |
Category: | Income-Tax |
Asked by: | ABC |
Answered by: | Advocate Neelam Jadhav |
Tags: | capital gains scheme |
Date: | July 5, 2023 |
Excerpt of answer: |
If an Assessee is not able to utilize the entire amount of capital gains on or before the due date of filing of return for the year in respect of which such capital gains arose. In such a situation, sub-section (2) of section 54 by provided for the deposit of unutilized funds in a Capital… (read more)
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interest paid on personal loan | |
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Subject: | interest paid on personal loan |
Category: | Income-Tax |
Asked by: | prasad pawar |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | House property interest paid, income from house property, Interest |
Date: | July 4, 2023 |
Excerpt of answer: |
As long as the assessee is able to demonstrate that the loan borrowed was applied for the acquisition of the capital asset the interest cost would be added to the cost of the asset. Whether the loan was a personal loan or housing loan, would not make a difference. (read more)
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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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