Answers to queries on legal issues

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11UA
Subject: 11UA
Category: 
Asked by: bs
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Date: May 7, 2023
Excerpt of answer:
Shares other than equity shares have to be valued as per Rule 11UA(1)(c)(c) of the Income-tax Rules, 1962, which does not specify any specific method. In the case of Ginni Global (P.) Ltd. v. ACIT [2019] 106 taxmann.com 270 (Jaipur - Trib.) it was held that the matter was to be remanded back to Assessing… (read more)
topic wise search
Subject: topic wise search
Category: 
Asked by: bs
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Date: May 7, 2023
Excerpt of answer:
One may be able to search but it may not be very accurate. The querist can buy the Book published by the All India Federation of tax Practitioners on the subject of “Search Seizure, Survey, Prosecution and Arrest under Tax and Allied Laws – Frequently asked questions. One may contact, email , aiftpho@gmail..com (read more)
transfer of a case to other bench of ITAT for NRI
Subject: transfer of a case to other bench of ITAT for NRI
Category: 
Asked by: BKS
Answered by:
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Date: May 7, 2023
Excerpt of answer:
The assessee has to file an application before the Honourable President of the ITAT , giving reasons for transfer of matter from one Bench of the ITAT to another Bench . The copy must be filed to the Assessing Officer of the assessee. The transfer petition will be heard by the ITAT Bench , and… (read more)
Sec. 263 of the Act .
Subject: Sec. 263 of the Act .
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Asked by: Neha
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Date: May 7, 2023
Excerpt of answer:
On the facts, the writ may not be maintainable against the show cause notice. The assessee can challenge the order of the PCIT before the ITAT when the order u/s 263 is passed . (read more)
cash sales vs 269ST
Subject: cash sales vs 269ST
Category: 
Asked by: BS
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Date: May 5, 2023
Excerpt of answer:
If the Assessing Officer found that the assessee is having cash sales in his profit & loss account or the amount is credited to the account, then for just verification purposes the Assessing Officer may ask for details for the same. The burden is on the Assessee to prove that the amount credited is from… (read more)
Sec153C of Income Tax Act.
Subject: Sec153C of Income Tax Act.
Category: 
Asked by: Prakash
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Date: May 4, 2023
Excerpt of answer:
In PCIT v. Prominent Real Tech Pvt. Ltd. (2023)451 ITR 371 (Delhi)(HC) court held that failure to establish how seized documents had nexus with undisclosed Income of assessee. The proceedings initiated was quashed . In Dy .CIT v. U.K.Paints (Overseas ) Ltd ( CA No. 6634 of 2021 dt . 25 -4-2021 ( SC) ,… (read more)
section 11 of Enemy property act
Subject: section 11 of Enemy property act
Category: 
Asked by: BKS
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Date: April 30, 2023
Excerpt of answer:
As we understand, it is not possible to sell enemy property as the IRE is the custodian and no sale is allowed. (read more)
Foreign ESPP – Summon U/S 131(1A)
Subject: Foreign ESPP – Summon U/S 131(1A)
Category: 
Asked by: Sanjeev Sharma
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Date: April 30, 2023
Excerpt of answer:
You cannot rectify or update your return. Please check if you have disclosed these assets in your tax audit report or balance sheet submitted to the Department. Also, check if the receipt of this stock has been disclosed as income from salary in the year of receipt. If it is not shown as income in… (read more)
5oC
Subject: 5oC
Category: 
Asked by: bks
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Date: April 30, 2023
Excerpt of answer:
Section 50C will apply to a flat sold to a relative below SDV. (read more)
Surchage on AOP
Subject: Surchage on AOP
Category: 
Asked by: Dilip Gandhi
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Date: April 30, 2023
Excerpt of answer:
As per section 2(29C) of the Act, MMR, means the rate of income tax (including a surcharge on income tax, if any) applicable in relation to the highest slab of income in the case of an individual, association of persons or, as the case may be, a body of individuals as specified in the Finance… (read more)