Answers to queries on legal issues

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Rejection of DTVSV application after payment of tax & filing of Form 3
Subject: Rejection of DTVSV application after payment of tax & filing of Form 3
Category: 
Asked by: Sandeep Goel
Answered by:
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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)
Purchase of T-shirt with school logo
Subject: Purchase of T-shirt with school logo
Category: 
Asked by: Sumit
Answered by:
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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)
Car purchase transaction
Subject: Car purchase transaction
Category: 
Asked by: Kollipara sundaraiah
Answered by:
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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)
income tax notice for penalty
Subject: income tax notice for penalty
Category: 
Asked by: TAPAS RANJAN PANI
Answered by:
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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)
Price discrepancy
Subject: Price discrepancy
Category: 
Asked by: Chetan
Answered by:
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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)
notice issue on cash gift transactions
Subject: notice issue on cash gift transactions
Category: 
Asked by: kollipara sundaraiah
Answered by:
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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)
Capital gain tax applicable for landlord or tenant
Subject: Capital gain tax applicable for landlord or tenant
Category: 
Asked by: Kollipara sundaraiah
Answered by:
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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)
Gift of listed Company Shares within family relative
Subject: Gift of listed Company Shares within family relative
Category: 
Asked by: Manish Mehta
Answered by:
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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)
Select of scrutiny provision applicable f.y.24-25
Subject: Select of scrutiny provision applicable f.y.24-25
Category: 
Asked by: Kollipara sundaraiah
Answered by:
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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)
Difference cash unexplained treatment f.y.24-25
Subject: Difference cash unexplained treatment f.y.24-25
Category: 
Asked by: Kollipara sundaraiah
Answered by:
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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)