Answers to queries on legal issues

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Disclosure of assets located out side India by non resident
Subject: Disclosure of assets located out side India by non resident
Category: 
Asked by: Ajay
Answered by:
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Date: June 2, 2023
Excerpt of answer:
A non-resident is not under an obligation to disclose foreign assets in their Indian Income-tax return. (read more)
Issue of Notice U/Sec. 143(2) of the Act,
Subject: Issue of Notice U/Sec. 143(2) of the Act,
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Asked by: Prakash
Answered by:
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Date: June 2, 2023
Excerpt of answer:
The Assessment is valid. Apart from this, as you have participated in the proceedings it is assumed that you have subjected yourself to the new officer's jurisdiction (read more)
Delay in filing of ITR by Charitable Trust
Subject: Delay in filing of ITR by Charitable Trust
Category: 
Asked by: Anup A S
Answered by:
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Date: June 2, 2023
Excerpt of answer:
As we understand, you have filed a belated return. Therefore, you should be allowed a deduction under section 11 of the Act. You can take the ground that the denial of deduction under section 11 of the Act is when the assessee fails to file the Audit report on time. You may also take the… (read more)
Taxability of One time maintainace deposit collected by Developer
Subject: Taxability of One time maintainace deposit collected by Developer
Category: 
Asked by: Prakash
Answered by:
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Date: June 2, 2023
Excerpt of answer:
The assesee's stand is correct. However, this has to be explained and demonstrated to the Ld. AO's satisfaction though documents. (read more)
LLP/firms
Subject: LLP/firms
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Asked by: bs
Answered by:
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Date: June 2, 2023
Excerpt of answer:
This is a controversial issue. It would be important to check the state law. The partner who holds the land should be an agriculturalist. (read more)
Deduction under section 80U
Subject: Deduction under section 80U
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Asked by: Surendra Mehta
Answered by:
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Date: June 2, 2023
Excerpt of answer:
As per section 80U of the Act, the assessee is entitled to a deduction on the basis of percentage of disability. The same should be certified by a medical authority as defined in the explanation to section 80 U of the Act. (read more)
Capital Gain Tax set off
Subject: Capital Gain Tax set off
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Asked by: rajiv pathak
Answered by:
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Date: June 2, 2023
Excerpt of answer:
Yes, you can set off your long term capital gains against long term capital loss. Further, the deduction of Rs. 1,00,000/- on long term capital gains is also available to the assessee. (read more)
WhatsApp chat
Subject: WhatsApp chat
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Asked by: BKS
Answered by:
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Date: May 26, 2023
Excerpt of answer:
WhatsApp chats are not admissible as evidence unless they comply with the provisions of the Information Technology Act, of 2000. The Supreme Court in the case of Anwar P. V. v. P. V. Basheer, reported in (2014) 10 SCC 473 has held and observed that an electronic record by way of secondary evidence shall not… (read more)
I am holding rural agricultural land since before 2001. Now I have converted such land as NA land and sold it. My question was which value I should consider for 2001 ? Agriculture land value or NA land Value ?
Subject: I am holding rural agricultural land since before 2001. Now I have converted such land as NA land and sold it. My question was which value I should consider for 2001 ? Agriculture land value or NA land Value ?
Category: 
Asked by: Munjal Modi
Answered by:
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Date: May 21, 2023
Excerpt of answer:
You can consider the stamp duty value as on the date of conversion of the rural agricultural land to non-agricultural land and index accordingly .In case stamp duty value is not available you may get the valuation done by the Registered Valuer . (read more)
ESOP vs TPO
Subject: ESOP vs TPO
Category: 
Asked by: BKS
Answered by:
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Date: May 21, 2023
Excerpt of answer:
The Hon'ble ITAT - Mumbai bench in the case of Capgemini India (P.) Ltd. v. ACIT [2013] 33 taxmann.com 5 (Mumbai - Trib.) held that for the purpose of making a proper comparison of margin under the TNMM method one-time employees stock option plan (ESOP) cost incurred by an assessee on account of acquisition has… (read more)