Answers to queries on legal issues

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Alternate Minimum Tax
Subject: Alternate Minimum Tax
Category: 
Asked by: Rajarajeswaran P V
Answered by:
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Date: December 24, 2023
Excerpt of answer:
According to sections 115JC and 115JD of the Income-tax Act, 1961, the provisions of Alternate Minimum Tax are only applicable to the individuals who are claiming profit linked deductions viz. Heading C of Chapter VIA or section 35AD, et cetera. Therefore, these provisions would not be attracted in the case of the assessee. (read more)
Applicability of Sec 68 of I.T. Act, 1961
Subject: Applicability of Sec 68 of I.T. Act, 1961
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Asked by: CA Govind Agrawal
Answered by:
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Date: December 24, 2023
Excerpt of answer:
One has to read the satisfaction noted by the Assessing Officer while passing the order under section 148A(b) of the Act . The objection raised by the Assessee and order disposing the objection under section 148A(d) of the Act. If the order under section 148A(d ) is not following the due process of law ,… (read more)
HUF status after all coparceners expire and only Karta remains alive
Subject: HUF status after all coparceners expire and only Karta remains alive
Category: 
Asked by: Deepak
Answered by: Reply of the Expert is awaited;
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Date: December 24, 2023
Excerpt of answer: Reply of the Expert is awaited. Please check back later
Sale of shares at face value
Subject: Sale of shares at face value
Category: 
Asked by: Rajarajeswaran P V
Answered by:
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Date: December 16, 2023
Excerpt of answer:
We have not understood your query. It is advisable to have all transactions at Fair Market Value to avoid any adverse implications under the Income-tax Act, 1961. (read more)
Adjustment u/a 143(1)(a)(ii)
Subject: Adjustment u/a 143(1)(a)(ii)
Category: 
Asked by: Sakshi Dokania
Answered by:
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Date: December 15, 2023
Excerpt of answer:
Make rectification application under section 154 of the Act. If no show cause was issued before making an adjustment , the assessee can also file an appeal before the CIT( A) The assessee should make an application to the Commissioner to condone the delay in filing of the return . One has to study the… (read more)
No DIN while giving approval by Addl CIT to draft assessment order sent for approval
Subject: No DIN while giving approval by Addl CIT to draft assessment order sent for approval
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Asked by: prakash
Answered by:
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Date: December 14, 2023
Excerpt of answer:
The stand of the assessee is correct. The issue is squarely covered by a decision of the Hon'ble Income-tax Appellate Tribunal - Pune bench in the case of BVG India Limited v. DCIT 11 to 16/Pun/2023 dated October 19, 2023 (Pun)(Trib). (read more)
Sec. 23(5) Deem rent in the hands of developers
Subject: Sec. 23(5) Deem rent in the hands of developers
Category: 
Asked by: prakash
Answered by:
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Date: December 14, 2023
Excerpt of answer:
The amendment has been brought in the statute in section 23(5) where in respect of unsold stock of properties held as 'stock-in-trade' for a period of two years from the date of obtaining the completion certificate from the competent authority, the annual value of such property would be determined as 'Nil'. In other words, there… (read more)
Applicability of TCS on foreign remmitance
Subject: Applicability of TCS on foreign remmitance
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Asked by: ANKUR AGRAWAL
Answered by:
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Date: December 13, 2023
Excerpt of answer:
As we understand, section 201(1G) (a) of the Income-tax Act, 1961 (Act) requires an authorized dealer to collect TCS on Foreign remittance under the Liberalized Remittance Scheme (LRS). It is pertinent to note that LRS is only applicable for residents and not non-residents. Therefore, in our view, the provisions of section 201(1G) (a) of the… (read more)
Intra Day Trading in Equity & Trading in Futures & options
Subject: Intra Day Trading in Equity & Trading in Futures & options
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Asked by: CA. Ankit Tantia
Answered by:
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Date: December 12, 2023
Excerpt of answer:
Whether the transaction is business or capital gains one has to decide the intention of the assessee and entries in the books of account . The Assessee has correctly declared income from Trading in Futures & options as Normal Business Income. The order of the Assessment unit is seems to be not valid in law… (read more)
Claims for REFUND of EXCESS SURCHARGE under the NEW SURCHARGE SCHEME- REFER PREVIOUS POSTS !
Subject: Claims for REFUND of EXCESS SURCHARGE under the NEW SURCHARGE SCHEME- REFER PREVIOUS POSTS !
Category: 
Asked by: vswaminathan
Answered by:
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Date: December 9, 2023
Excerpt of answer:
Please write to the Chamber of tax consultants , the All India Federation of Tax Practioners or Bombay Chartered Accountant’s Society . All these Associations have very a active representation committee , they are making representation regularly . In an appropriate case it may be desirable to file writ before High Court .In few cases… (read more)