Answers to queries on legal issues

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Sec.154. Rectification of mistake apparent from record
Subject: Sec.154. Rectification of mistake apparent from record
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Asked by: A C Jain.
Answered by:
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Date: April 25, 2023
Excerpt of answer:
Yes it is a mistake apparent on record , however the AO may take the view that it is debatable , hence it is advisable to file an appeal . (read more)
Search and reopening of assessment
Subject: Search and reopening of assessment
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Asked by: Neha
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Date: April 18, 2023
Excerpt of answer:
The time period for reopening of assessment has been reduced from six years period earlier to three years period as per the amended provisions, in cases where income escaping assessment amounts to Rs 50 lakhs or likely to amount to Rs 50 lakhs and above the case can be reopened up to 10 years .… (read more)
Foreign Investments
Subject: Foreign Investments
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Asked by: Vikas Shah
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Date: April 15, 2023
Excerpt of answer:
One has to study the facts before giving any advice. The querist will get the credit of tax paid in USA . It will be desirable to contact the Tax consultant with detailed facts . (read more)
Sec. 145(3) and assessment U/Sec. 143(3) of the Act.
Subject: Sec. 145(3) and assessment U/Sec. 143(3) of the Act.
Category: 
Asked by: Prakash
Answered by:
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Date: April 15, 2023
Excerpt of answer:
In PCIT v. Salarpuria Simplex Dwelling LLP. (2022) 289 Taxman 264 / 216 DTR 425 (Cal)( HC) the Court held that when the assessee has followed the project completion method the Revenue is not justified the rejecting the books of account and adopting the percentage completion method. Before passing the order under section 144 a… (read more)
Search and Sec, 148
Subject: Search and Sec, 148
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Asked by: praksh
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Date: April 13, 2023
Excerpt of answer:
ABC can file an RTI or even ask the Ld. AO on what basis sanction has been given by the prescribed authority to issue a Notice under section 148 of the Act. The return can be filed in light of the reasons provided for approval of the sanction. (read more)
194R vs 194H
Subject: 194R vs 194H
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Asked by: BS
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Date: April 13, 2023
Excerpt of answer:
The terms of the contract and the nature of the payment would have to be understood for understanding under which section of the Income-tax Act, 1961, tax has to be deducted. (read more)
50% deduction under section 57(iv)
Subject: 50% deduction under section 57(iv)
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Asked by: Subodh vora
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Date: April 13, 2023
Excerpt of answer:
Yes, income tax is payable on 50 per cent of the enhanced interest income after claiming a deduction under section 57 of the Act. (read more)
TDS ON IMPORT AND EXPORT OCEAN FREIGHT
Subject: TDS ON IMPORT AND EXPORT OCEAN FREIGHT
Category: 
Asked by: Karan shah
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Date: April 13, 2023
Excerpt of answer:
The terms of the contract and the nature of the payment would have to be understood for understanding under which section of the Income-tax Act, 1961, tax has to be deducted. (read more)
GST , firm , partner , stock in trade , capital asset
Subject: GST , firm , partner , stock in trade , capital asset
Category: 
Asked by: Parikh CA
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Date: April 12, 2023
Excerpt of answer:
The facts about nature of transaction not clear like, whether withdrawal is on retirement or in normal course , is not clear. Whether there is debit to partner’s capital account or not , is also not clear. As per normal laws, partner and firm are considered as one entity and hence any withdrawal of goods… (read more)
Addition U/SEc. 68 in the hands of NBFC for accepting amount from borrower in demonetization period
Subject: Addition U/SEc. 68 in the hands of NBFC for accepting amount from borrower in demonetization period
Category: 
Asked by: neha
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Date: April 7, 2023
Excerpt of answer:
On the facts and circumstances of the case, the Assessee Non-banking finance company (NBFC) is registered under Co Act as well as RBI. The CBDT Circular No. 22 of 2017 states that receipt of repayment of the loan by the Non-Banking Finance Companies (NBFC) and Housing Finance Companies (HFC) will fall under the purview of… (read more)