The Deed of Release will attract Article 52 of the Maharashtra Stamp Act, 1958. As the release is of joint family property in favor of family members or the continuing HUF, the duty is a nominal Rs. 200. You may refer Government Circular dated April 21, 2018 and GR dated March 25, 2015 available on… (read more)

It can be argued that the one-time lease premium paid for the 99 years lease is not "rent" as it is a payment for acquiring the property and is not for "use" of the property. In Foxconn India Developer (P) Ltd. v. ITO, the Madras High Court held that a one-time, non-refundable upfront payment (premium… (read more)

The gains on the transfer of the land will become taxable this year u/s 45(5A) as the OC has been issued this year. The stamp duty value of the six flats will be treated as the consideration for the transfer. The sale of the two flats is a separate taxing event. This will be assessable… (read more)

In my view, ITC reversal is not compulsory solely due to the tax rate difference (12% to 5%) because the supply is not "exempt." ITC reversal u/s 18(4) of the CGST Act & Rule 44 is triggered only when outward supplies become wholly exempt or the taxpayer switches to the composition scheme. Since medicines at… (read more)

Condonation of delay really depends on facts on whether there was sufficient cause for the delay and the period of delay. In Kumar Mahesh Chandra v. CIT (ITAT Mumbai in ITA No. 1234/Mum/2015), delay of 92 days in filing appeal before CIT(A) was condoned due to the assessee's reliance on erroneous advice from a tax… (read more)

Yes. Penalty under Section 271E can be levied without waiting for the decision in the appeals against the reassessment proceedings as these proceedings are independent. Pendency of appeal does not create any legal embargo. (read more)

Yes. You are entitled to a refund of the late filing fee. There have been other cases where refund has been granted. You can file a grievance petition in the portal along with screenshots or other evidence. You can also call the helpline at 1800-103-0025 or 1800-419-0025. You can also file a rectification request u/s… (read more)

I agree with all the three points made. If ITO Ward 2(2)(3) is not the JAO, the notice u/s 148A(b) and subsequent notice u/s 148 are without jurisdiction. Escapement below ₹50 lakhs renders the reassessment time-barred as per Section 149. Approval by the PCIT instead of the Principal Chief Commissioner or equivalent violates Section 151,… (read more)

Assuming the project is RERA-registered, the agreement to sell is standard and permitted for under-construction properties. It does not violate RERA or Section 45(5) (read more)

Logically, it should be so. There is a clarification u/s 194Q(5) which exempts the seller from collecting TCS u/s 206C(1H) if TDS is deducted under section 194Q. However, there is no explicit provision that exempts the seller from collecting TCS under section 206C(1)(vii) when TDS is deducted under section 194Q. (read more)