Answers to queries on legal issues
Rejection of DTVSV application after payment of tax & filing of Form 3 | |
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Subject: | Rejection of DTVSV application after payment of tax & filing of Form 3 |
Category: | Income-Tax |
Asked by: | Sandeep Goel |
Answered by: | Law Intern |
Tags: | Direct Tax Vivad Se Vishvas Scheme., DTVSV Scheme 2024 |
Date: | April 1, 2025 |
Excerpt of answer: |
It appears the rejection order is based on the assumption that the payment is after 15 days of February 17. However, this would be wrong as as the time limit for payment is 15 days from the date of receipt (March 23). An appeal cannot be filed against the rejection order. However, a writ petition… (read more)
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Purchase of T-shirt with school logo | |
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Subject: | Purchase of T-shirt with school logo |
Category: | Income-Tax |
Asked by: | Sumit |
Answered by: | Law Intern |
Tags: | sales contract, TDS u/s 194C, TDS U/S 194Q, works contract |
Date: | April 1, 2025 |
Excerpt of answer: |
The answer depends on whether the contract is a "works contract" or a "sale contract". If the supplier procures the t-shirts and prints the school logo using their own materials, delivering a finished product to the school, this is a sale of goods, and TDS under Section 194C does not apply. If the school provides… (read more)
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Car purchase transaction | |
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Subject: | Car purchase transaction |
Category: | Income-Tax |
Asked by: | Kollipara sundaraiah |
Answered by: | Law Intern |
Tags: | depreciation |
Date: | March 30, 2025 |
Excerpt of answer: |
If the car is actually used for business or professional purposes (e.g., client visits, deliveries, or other business-related activities), it can be shown as an asset in the balance sheet and be eligible for depreciation. (read more)
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income tax notice for penalty | |
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Subject: | income tax notice for penalty |
Category: | Income-Tax |
Asked by: | TAPAS RANJAN PANI |
Answered by: | Law Intern |
Tags: | Concealment penalty, Section 270A |
Date: | March 27, 2025 |
Excerpt of answer: |
Under the erstwhile Section 271(1)(c), it was held in CIT v. Suresh Chandra Mittal [2001] 251 ITR 9 (SC) that penalty for concealment cannot be levied if the taxpayer has disclosed income in a return filed under Section 148. The same principle applies u/s 270A if there is no "under-reporting" or "misreporting" in the return.… (read more)
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Price discrepancy | |
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Subject: | Price discrepancy |
Category: | Income-Tax |
Asked by: | Chetan |
Answered by: | Law Intern |
Tags: | redevelopment |
Date: | March 27, 2025 |
Excerpt of answer: |
The builder's offer of a uniform 100 sq. yard flat to all, regardless of original flat sizes (40, 55, or 72 sq. yards), appears to be unfair for owners of larger flats. If the society is forcing an unfair deal or bypassing your rights, you are entitled to file a complaint with the Registrar. The… (read more)
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notice issue on cash gift transactions | |
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Subject: | notice issue on cash gift transactions |
Category: | Income-Tax |
Asked by: | kollipara sundaraiah |
Answered by: | Law Intern |
Tags: | Gift, issuing scrutiny notice |
Date: | March 27, 2025 |
Excerpt of answer: |
To the best of my knowledge, the Income Tax Department is not specifically targeting cash gift transactions between relatives exceeding a certain amount for AY 2025-26 or AY 2026-27. Such gifts are tax-exempt under Section 56(2)(x). However, notices could still be issued if: (i) Cash transactions exceed ₹2 lakh and violate Section 269ST (though relatives… (read more)
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Capital gain tax applicable for landlord or tenant | |
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Subject: | Capital gain tax applicable for landlord or tenant |
Category: | Income-Tax |
Asked by: | Kollipara sundaraiah |
Answered by: | Law Intern |
Tags: | Capital Gains |
Date: | March 27, 2025 |
Excerpt of answer: |
As regards the land, the landlord is liable for capital gains tax on the sale of the land. As regards the building, the tenant incurred the cost. However, whether he retains ownership of the building depends on the terms of the lease. If the tenant has ownership of the building, he will be assessed to… (read more)
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Gift of listed Company Shares within family relative | |
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Subject: | Gift of listed Company Shares within family relative |
Category: | Income-Tax |
Asked by: | Manish Mehta |
Answered by: | Law Intern |
Tags: | Gift, section 56(2)(x) |
Date: | March 23, 2025 |
Excerpt of answer: |
As regards the precautions in the hands of the donor for Section 68, presumably, he will have filed a return in the earlier years showing the shares as an asset in the Balance Sheet. Generally, he will have to maintain proof of source of the purchase in 2000. There is no limit on amount or… (read more)
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Select of scrutiny provision applicable f.y.24-25 | |
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Subject: | Select of scrutiny provision applicable f.y.24-25 |
Category: | Income-Tax |
Asked by: | Kollipara sundaraiah |
Answered by: | Law Intern |
Tags: | Assessment, issuing scrutiny notice |
Date: | March 23, 2025 |
Excerpt of answer: |
Scrutiny is not mandatory under any specific provision for FY 2024-25 based solely on ₹20 lakhs fees and ITR filing. It becomes applicable only if the Income Tax Department selects the case for scrutiny based on risk parameters or random selection. Fees dropped from ₹25 lakhs (FY 2023-24) to ₹20 lakhs (FY 2024-25). A significant… (read more)
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Difference cash unexplained treatment f.y.24-25 | |
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Subject: | Difference cash unexplained treatment f.y.24-25 |
Category: | Income-Tax |
Asked by: | Kollipara sundaraiah |
Answered by: | Law Intern |
Tags: | Unexplained cash credit, unexplained investment |
Date: | March 20, 2025 |
Excerpt of answer: |
If the physical cash balance exceeds the amount recorded in the books (here, a difference of Rs. 8 lakhs), it is considered "unexplained cash." Tax authorities may treat this as unreported income unless it can be justified with proper documentation. If the difference is due to a legitimate source (e.g., personal funds, a loan, or… (read more)
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