Answers to queries on legal issues
SEC 10(23C) and income of Educational trust | |
---|---|
Subject: | SEC 10(23C) and income of Educational trust |
Category: | Income-Tax |
Asked by: | Manali |
Answered by: | KSA Legal Chambers |
Tags: | Educational Institution, Section 10(23C) |
Date: | August 16, 2023 |
Excerpt of answer: |
Please refer section 10(23C) (iiid ). If the aggregate annual receipts does not exceed five crores the assessee can make an application under section 10(23C) of the Act subject to other conditions. As the charitable organization is registered under section 12A of the Act as well as section 10(23C) of the Act, the organization can… (read more)
|
income tax 149 time limit reassesment | |
---|---|
Subject: | income tax 149 time limit reassesment |
Category: | Income-Tax |
Asked by: | sagar khurana |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Limitation, Reassessment |
Date: | August 13, 2023 |
Excerpt of answer: |
The Department will compute the period of limitation factoring the Taxation and Other Laws (Relaxation of Certain Provisions) Act, 2020. By that argument, the period of limitation will be within three years. The issue is sub judice before the Hon'ble Supreme Court. (read more)
|
Is TDS deductible on Mortgage NOC Charges levied by CIDCO Ltd, Maharashtra | |
---|---|
Subject: | Is TDS deductible on Mortgage NOC Charges levied by CIDCO Ltd, Maharashtra |
Category: | Income-Tax |
Asked by: | S T Iyengar |
Answered by: | Reply of the Expert is awaited; |
Tags: | CIDCO, Mortgage, NOC, TDS |
Date: | August 11, 2023 |
Excerpt of answer: |
There is no provision under Chapter XVII of the Income-tax Act, 1961 for deduction of tax on payment for a No Objection Certificate. Hence there would be no requirement for deduction of tax at source on such a transaction. (read more)
|
Capital contribution by partners | |
---|---|
Subject: | Capital contribution by partners |
Category: | Income-Tax |
Asked by: | Akshay |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Capital contribution, Limited liability partnership, LLP |
Date: | August 10, 2023 |
Excerpt of answer: |
As per section 32(1) of the Limited Liability Partnership Act of 2008, a contribution can be made in the form of a tangible, movable or any form of immovable or intangible property or any other form of benefit to the limited liability partnership which can include money, promissory notes and other agreements which can contribute… (read more)
|
GIFT | |
---|---|
Subject: | GIFT |
Category: | Income-Tax |
Asked by: | Sharjeel |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | brother, Gift, Gifts |
Date: | August 10, 2023 |
Excerpt of answer: |
As we understand, a brother has paid a developer on behalf of his sister a sum of Rs. 5 lakhs. It is advisable to execute a gift deed of Rs. 5 lakhs. Even if it is termed as "gift", gift from a relative is exempted under section 56(2)(x) of the Act. (read more)
|
153C proceedings | |
---|---|
Subject: | 153C proceedings |
Category: | Income-Tax |
Asked by: | manali |
Answered by: | KSA Legal Chambers, reserch team |
Tags: | assessment of any other person, search, search assessment |
Date: | August 7, 2023 |
Excerpt of answer: |
The assessee has to file the return in response to notice . The Assessing Officer must have recorded the satisfaction before the issue of the notices . However on merit no addition can be made in the assessment of the assessee , merely relying on the statement u/s 132(4) of the Act of the CFO… (read more)
|
retrospective amendent | |
---|---|
Subject: | retrospective amendent |
Category: | Income-Tax |
Asked by: | bs |
Answered by: | Advocate Neelam Jadhav |
Tags: | 269ST, RTGS payments/repayments for the years prior to amendments of 269SS/269T, section 269SS |
Date: | August 7, 2023 |
Excerpt of answer: |
Finance Act No.2 , 2014 provided to allow other valid modes like “ use of electronic clearing system through a bank account e.ef -1-4 – 2015 extending the scope w.e.f Assessment year 2015 16 limits the purpose of the amendment . The amendment being clarificatory RTGS payments/repayments for the years prior to amendments of 269SS/269T… (read more)
|
The NEW SURCHARGE SCHEME vs (X) Auto calculation by CBC ? | |
---|---|
Subject: | The NEW SURCHARGE SCHEME vs (X) Auto calculation by CBC ? |
Category: | Income-Tax |
Asked by: | vswaminathan |
Answered by: | Research Team |
Tags: | Surcharge |
Date: | August 6, 2023 |
Excerpt of answer: |
: Joint representation is needed. It may be desirable to take up the issue the Bombay Chartered Accountant’s Society or the Chamber of Tax consultants Mumbai. (read more)
|
Redevelopment of society – Old Flat in the bldg demolished and new one constructed | |
---|---|
Subject: | Redevelopment of society – Old Flat in the bldg demolished and new one constructed |
Category: | Income-Tax |
Asked by: | CA Rajesh Sanghvi |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Capital Gains, redevelopment |
Date: | August 3, 2023 |
Excerpt of answer: |
The Hon'ble Bombay High Court in the case of CIT v. Chhaya Parekh ITXA(L)1583 of 2012 dated January 24, 2013 (Bom)(HC) held that demolishing of a structure is not a transfer. Without prejudice, assuming there is a transfer, there is an immediate application of deduction under section 54 of the Act. Therefore, there will be… (read more)
|
Pagdi flat redevelopment | |
---|---|
Subject: | Pagdi flat redevelopment |
Category: | General Law, Income-Tax |
Asked by: | Avinash |
Answered by: | Research Team |
Tags: | Pagdi Flat, redevelopment |
Date: | August 2, 2023 |
Excerpt of answer: |
Depends upon the scheme approved by the Competent Authority and the negotiation with developer . (read more)
|