In my opinion, no GST is attracted on above facts. The amount is received as per award by arbitrator. Therefore, it is in the nature of receipt against actionable claim. Actionable claim is neither goods nor services as per para 6 in Schedule III of the CGST Act, except excluded category. The said para is… (read more)

Yes the order is final . However if any new information is received on the basis of search /survey or from any source , the assessment can be reopened by following the due process of law if it is within limitation period . (read more)

Depends on facts of the case . In Mohd. Farhan A. Shaikh v. ACIT ( 2021 ) 434 ITR 1/ 200 DTR 65/ 320 CTR 26/ 280 Taxman 334 / 125 taxmann.com 253 (Panji)(FB) ( Bom) (HC) Non-striking off of the irrelevant part while issuing notice under section 271(1)(c) of the Income-tax Act,Order is bad… (read more)

One has to study the facts before giving an answer, hence the question is not answered. (read more)

Depends upon the facts. Whether Probate is obtained or is there any dispute as regards share to be divided etc . If the shares are specified the property can be sold by the individuals as co-owners. (read more)

File a belated return and claim a refund. In case the refund is not granted move an application to CBDT. If the application is rejected file a writ before High Court. (read more)

It is desirable to file a revision application with a condonation of delay. The Commissioner has the power to condone the delay. In case the delay is not condoned the assessee can file a writ before High Court. Refer , Interglobe Enterprises Pvt Ltd v. PCIT ( 2023) [2023] 148 taxmann.com 121 ( Delhi) (… (read more)

Is the Notice issued pursuant to the decision of the Hon'ble Supreme Court in the case of Ashish Agarwal. Mostly, it should be so. The Hon'ble Allahabad High Court and Gujarat High Court have held the same as time-barred whereas the Hon'ble Delhi High Court has held it within time. (read more)

yes, section 50C of the Act will apply, it is advisable to show part of the house transferred as a gift and another part as sales. This is subject to the provisions of the Transfer of Property Act. (read more)

Registration as a legal heir is mandatory on behalf of the deceased person. The PAN of both the deceased person and legal heir should be registered, however, if the deceased person’s PAN is not registered, then the legal heir can register on behalf of the deceased. The Applicant who is a Legal heir has to… (read more)