Answers to queries on legal issues

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vivad se visvas scheme order not received
Subject: vivad se visvas scheme order not received
Category: 
Asked by: Kunal Jain
Answered by:
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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)
Penalty U/Sec. 271DA
Subject: Penalty U/Sec. 271DA
Category: 
Asked by: Prakash
Answered by:
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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)
GST Applicability on corporate Guarantee
Subject: GST Applicability on corporate Guarantee
Category: 
Asked by: Vaibhav Aggarwal
Answered by:
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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)
Sec 68 of the Act
Subject: Sec 68 of the Act
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Asked by: Manali
Answered by: ,
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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)
SEC.11(1A) of the Act.
Subject: SEC.11(1A) of the Act.
Category: 
Asked by: Prakash
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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)
Non-Resident and declaring LTCG
Subject: Non-Resident and declaring LTCG
Category: 
Asked by: Shail Patel
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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)
capital gains scheme
Subject: capital gains scheme
Category: 
Asked by: ABC
Answered by:
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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)
interest paid on personal loan
Subject: interest paid on personal loan
Category: 
Asked by: prasad pawar
Answered by:
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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)
Clarification on escapement of income
Subject: Clarification on escapement of income
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Asked by: Suresh Goyal
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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
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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)