Answers to queries on legal issues

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RETURN FILED 44AD ADDITION 69A
Subject: RETURN FILED 44AD ADDITION 69A
Category: 
Asked by: RAM BANSAL
Answered by:
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Date: March 26, 2026
Excerpt of answer:
Generally speaking, addition u/s 69A is not valid when the return is filed u/s 44AD because the presumptive income offered is deemed to cover the profit element. Further addition defeats the scheme. However, the addition may be valid if the AO brings cogent material to show that the money/deposits are not from business but are… (read more)
Applicability of ISD registration for multi-state hospital
Subject: Applicability of ISD registration for multi-state hospital
Category: 
Asked by: kollipara sundaraiah
Answered by: Reply of the Expert is awaited;
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Date: March 22, 2026
Excerpt of answer: Reply of the Expert is awaited. Please check back later
RCM on lawyer consultation
Subject: RCM on lawyer consultation
Category: 
Asked by: kollipara sundaraiah
Answered by:
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Date: March 22, 2026
Excerpt of answer:
Yes. As the doctor is a "business entity" owning a commercial building and earning rent and is paying for legal services, he is liable for GST on RCM basis. The doctor's turnover exceeds Rs 20 lakh and he is also registered under GST. (read more)
Sale of Agriculture land
Subject: Sale of Agriculture land
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Asked by: Anand
Answered by:
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Date: March 22, 2026
Excerpt of answer:
Obviously it is not acceptable. Registering the sale deed at only 50% of the market value while receiving the balance in cash amounts to undervaluation of the property and circumvention of tax/stamp duty rules, which authorities actively crack down on. (read more)
Income tax questions
Subject: Income tax questions
Category: 
Asked by: Sundaraiah Kollipara
Answered by:
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Date: March 22, 2026
Excerpt of answer:
Yes. The individual depositing ₹15 lakhs cash in FDs will have to file Form 15G (for individuals below 60 years) or Form 15H (for senior citizens aged 60+) for FY 2025-26. Form 121 becomes effective only from 1 April 2026 (FY 2026-27). For any interest credited in FY 2025-26, you must use the old 15G/15H.… (read more)
AO considered my fresh capital introduction as income escaped
Subject: AO considered my fresh capital introduction as income escaped
Category: 
Asked by: Ronak Shishodia
Answered by:
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Date: March 22, 2026
Excerpt of answer:
No. U/s 68, if the recipient can prove the identity of the payer (with PAN of lenders), creditworthiness/capacity of the source & genuineness of the transaction (with bank transfer evidence & confirmations), the sum credited in the books of an assessee cannot be treated as unexplained income. The AO is not justified in ignoring the… (read more)
12A and 80G Registration
Subject: 12A and 80G Registration
Category: 
Asked by: Simran Saluja
Answered by:
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Date: March 22, 2026
Excerpt of answer:
The current exemption u/s 11/12 and 80G continues till up to AY 2026-27. The PCIT (E) has to pass an order of renewal within 6 months from the end of the month in which the Form 10AB was received (i.e., by end of June 2026). If the renewal is rejected, you have to file an… (read more)
what’s the position of capital gain up to the date of conversion
Subject: what’s the position of capital gain up to the date of conversion
Category: 
Asked by: CA Dr Abhay Sharma
Answered by:
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Date: March 22, 2026
Excerpt of answer:
I assume you are referring to the conversion of a capital asset into stock-in-trade. If so, u/s 45(2), the conversion is deemed to a transfer but the resultant capital gain is taxable only when the stock-in-trade is sold. (read more)
sale of redevelopment flat.
Subject: sale of redevelopment flat.
Category: 
Asked by: Mayur Makwana
Answered by:
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Date: March 22, 2026
Excerpt of answer:
The period of holding of the new flat will commence from 2018 and so it is a long term capital asset. The cost of acquisition will be the FMV as of the date of redevelopment agreement in 2018. The difference between the sale consideration and the said FMV less expenses will be the LTCG. You… (read more)
cause list popular wine mart
Subject: cause list popular wine mart
Category: 
Asked by: Rajiv Deokar
Answered by:
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Date: March 21, 2026
Excerpt of answer:
Please see the cause list here: https://itatonline.org/info/cause_list/ (read more)