Answers to queries on legal issues

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Admission by third party to buy peace
Subject: Admission by third party to buy peace
Category: 
Asked by: Prakash
Answered by: Reply of the Expert is awaited;
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Date: January 13, 2024
Excerpt of answer: Reply of the Expert is awaited. Please check back later
The assessee HUF consist of husband H, wife W, Daughter D, and minor son S. It is assessed to I.T. Act. The husband A expire in a road accident on 10.04.2023
Subject: The assessee HUF consist of husband H, wife W, Daughter D, and minor son S. It is assessed to I.T. Act. The husband A expire in a road accident on 10.04.2023
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Asked by: Ravi aiftp
Answered by: ,
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Date: January 13, 2024
Excerpt of answer:
Answer: (i) Yes the HUF will continue for the reason that HUF is wider term then coparcenary Hindu Undivided Family also includes female members apart from coparceners. (ii) The daughter will become the karta of HUF. (iii) The partition cannot be made by D as karta of HUF as she does not have the right… (read more)
In the business premises of A, survey took place, where-in excess stock was found for ` 15 lakh. In the statement recorded during the course of survey the assessee stated that excess stock is due to adjustment of profit by valuation of stock in earlier years and offered for tax in the current year.
Subject: In the business premises of A, survey took place, where-in excess stock was found for ` 15 lakh. In the statement recorded during the course of survey the assessee stated that excess stock is due to adjustment of profit by valuation of stock in earlier years and offered for tax in the current year.
Category: 
Asked by: Ravi aiftp
Answered by: ,
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Date: January 13, 2024
Excerpt of answer:
Answer : (i) It is not clear from the question whether quantitative details of stock are maintained or not. If quantitative details are not maintained then explanation of the assessee is valid in law, that it is out of accumulation of stock due to adjustment of G.P It is not the case of the department… (read more)
Non -Resident -Purchase of Residential property – Exemption – S-54
Subject: Non -Resident -Purchase of Residential property – Exemption – S-54
Category: 
Asked by: Ravi aiftp
Answered by: ,
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Date: January 13, 2024
Excerpt of answer:
FEMA: The Non Resident Indian or PIO card holder can purchase residential house in India without RBI Approval. The Benami Properties Act is not attracted as: That as per definition of Benami in section 2A(iii) The property held in the name of spouse is not treated as Benami if the consideration is provided from known… (read more)
Vivad se Vishwas
Subject: Vivad se Vishwas
Category: 
Asked by: Radha
Answered by:
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Date: January 10, 2024
Excerpt of answer:
Please refer notification No 75 of 2021 dated June 25 , 2021 (2021) 435 ITR 25 ( St) , the last date for beneficial payment under VVS Act , 2020 was October 21 , 2021 . The assessee cannot get the benefit of the Scheme . (read more)
addition on the basis of Noting found at search premises of third person
Subject: addition on the basis of Noting found at search premises of third person
Category: 
Asked by: prakash
Answered by: Reply of the Expert is awaited;
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Date: January 10, 2024
Excerpt of answer: Reply of the Expert is awaited. Please check back later
M.A. Before ITAT where the Tax Effect is Less than Rs. 20,00,000/-
Subject: M.A. Before ITAT where the Tax Effect is Less than Rs. 20,00,000/-
Category: 
Asked by: CA Govind Agrawal
Answered by:
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Date: January 10, 2024
Excerpt of answer:
In Oerlikon Balzers Coating India (P.) Ltd. v. UOI (2023) 294 Taxman 5 / 333 CTR 337 (Bom.)(HC) dealing with the filing of declaration under Direct Tax Vivad Se Vshwas Act, 2020 the Court held that pendency of miscellaneous application before the Tribunal is also pendency of appeal . Accordingly the assessee may contend that… (read more)
whether 50C applicable to execution of Gift of immovable property
Subject: whether 50C applicable to execution of Gift of immovable property
Category: 
Asked by: Arun Nakrani
Answered by:
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Date: January 9, 2024
Excerpt of answer:
Provision of section 50C is very clear it is not applicable to gift . Section 47 (iii)) also makes it very clear that gift is not transfer . When section 45 is not applicable , provision of section 50C is also not applicable . We are not able to find any reported case laws on… (read more)
GST ON EDC AND IDC ACCOUNT IN AN UNDER CONSTRUCTION BUILDING
Subject: GST ON EDC AND IDC ACCOUNT IN AN UNDER CONSTRUCTION BUILDING
Category: 
Asked by: SHARANJIT SINGH
Answered by:
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Date: January 8, 2024
Excerpt of answer:
Plase explain the meaning of EDC and IDC account m and why it is collected . The expert can answer only on getting the calrification (read more)
Inflated expenses under income Tax
Subject: Inflated expenses under income Tax
Category: 
Asked by: Prakash
Answered by: Reply of the Expert is awaited;
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Date: January 5, 2024
Excerpt of answer: Reply of the Expert is awaited. Please check back later