Answers to queries on legal issues

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Show cause notice
Subject: Show cause notice
Category: 
Asked by: Gowhar
Answered by:
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Date: June 19, 2023
Excerpt of answer:
You may once again submit the copy of acquittal order . If no appeal is filed you may state that the no appeal is pending . The competent authority may drop the proceedings . You may consult an advocate who is specialised in service law , he may be able to provide the case laws… (read more)
Tapping of phone records
Subject: Tapping of phone records
Category: 
Asked by: Kiran
Answered by:
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Date: June 18, 2023
Excerpt of answer:
Income tax Authorities does not have a right to listen to the phone conversations .As per Section 5(2 ) of the Indian Telegraph Act , 1885 , Telephone can be trapped on the occurrence of any public emergency or in the interest of the public safety or a State Government or any officer specially authorised… (read more)
Amended Law /TWIN (Old and New) TABLES for COST INFLATION INDEX
Subject: Amended Law /TWIN (Old and New) TABLES for COST INFLATION INDEX
Category: 
Asked by: vswami
Answered by:
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Date: June 16, 2023
Excerpt of answer:
In form ITR 2 – For Individuals and HUF there is a Schedule of B for Long Term Capital Gain from Sale of Land or Building, wherein to fill the details of relevant facts in the column. The column mention such as the Date of purchase/acquisition, Full Value consideration received / receivable, value of the… (read more)
payments to tenants
Subject: payments to tenants
Category: 
Asked by: BKS
Answered by:
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Date: June 15, 2023
Excerpt of answer:
Yes, the same can be claimed as a cost of improvement. The Hon'ble Income-tax Appellate Tribunal - Hyderabad Bench in the case of Mohammed Farooq v. ITO [2015] 60 taxmann.com 212 (Hyderabad - Trib.) held that while determining the cost of acquisition, the cost of buildings on the land to be demolished, amounts paid to… (read more)
54F.Capital gains- Investment in a residential house –
Subject: 54F.Capital gains- Investment in a residential house –
Category: 
Asked by: bs
Answered by:
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Date: June 15, 2023
Excerpt of answer:
From what we understand from the limited facts provided, the assessee is gifting his second residential property to a relative so that the assessee can claim a deduction under section 54F of the Act when the assessee sells a plot of land. The same appears to be permissible as per the law. Courts have upheld… (read more)
legal heir
Subject: legal heir
Category: 
Asked by: BS
Answered by:
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Date: June 14, 2023
Excerpt of answer:
When a Muslim man dies intestate his estate devolves on his heirs at the moment of his death, and the heirs succeed to the estate as tenants-in-common in specific shares. (read more)
LLP
Subject: LLP
Category: 
Asked by: bs
Answered by:
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Date: June 14, 2023
Excerpt of answer:
This is a case where the loan is given to a person who isn't a registered shareholder. The Hon'ble Supreme Court in the case of National Travel Services v. CIT [2018] 300 CTR 582 (SC) where the issue was whether to attract section 2(22)(e) of the Act, a 'shareholder' has only to be a person… (read more)
What’s up chat and income element
Subject: What’s up chat and income element
Category: 
Asked by: Prakash
Answered by:
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Date: June 14, 2023
Excerpt of answer:
WhatsApp chats are not admissible as evidence unless they comply with the provisions of the Information Technology Act, 2000. The Supreme Court in the case of Anwar P. V. Vs. P. V. Basheer, reported in (2014) 10 SCC 473 has held and observed that an electronic record by way of secondary evidence shall not be… (read more)
denial of benefit of exemption u/s 80G
Subject: denial of benefit of exemption u/s 80G
Category: 
Asked by: lokesh
Answered by:
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Date: June 13, 2023
Excerpt of answer:
The action of the Department is right. The Assessee should make an application for condonation of delay before the CBDT under section 119 (2)(b) of the Act. On no response (after follow-ups) or rejection by the Board, the assessee should file a Writ petition before the jurisdictional High Court as there is no alternative efficacious… (read more)
service of copy of paper book to D/R
Subject: service of copy of paper book to D/R
Category: 
Asked by: Ajay Dokania
Answered by:
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Date: June 13, 2023
Excerpt of answer:
The provisions regarding filing of paper book are contained in Rule 18 of the ITAT Rules . The copy of the paper book to be served on the Departmental Representative at least a week before the date of hearing . It can be sent to Speed or Registered post . In F.N.Roy v. Collector of… (read more)