Answers to queries on legal issues
NRI transferring money to wife in India | |
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Subject: | NRI transferring money to wife in India |
Category: | Income-Tax |
Asked by: | Neel |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | amount transferred to wife, non-resident taxation, NRI |
Date: | June 22, 2023 |
Excerpt of answer: |
It is advisable to have a gift deed in place. The amount received by your wife should be shown in her income computation as a gift exempt from tax as it is received from her relative. (read more)
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GST ITC | |
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Subject: | GST ITC |
Category: | GST |
Asked by: | P YADAGIRI |
Answered by: | Advocate C.B.Thakar |
Tags: | excess declared, GST |
Date: | June 21, 2023 |
Excerpt of answer: |
Till today no direct judgment. The department is relying on section 16(4) which reads as under: “16. Eligibility and conditions for taking input tax credit.— (4) A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after… (read more)
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55A vs 50D | |
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Subject: | 55A vs 50D |
Category: | Income-Tax |
Asked by: | BKS |
Answered by: | Research Team |
Tags: | 55A, Capital Gains, S.55D, valuation |
Date: | June 20, 2023 |
Excerpt of answer: |
Both sections are independent . Section 55A is very broad it applies for ascertaining the fair market value of a capital asset for the purposes of this Chapter , ie. Chapter IV . The Assessing Officer may refer the matter to Departmental Valuer . When the stamp duty valuation is more than the consideration the… (read more)
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50D | |
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Subject: | 50D |
Category: | Income-Tax |
Asked by: | bs |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Capital Gains, Valuation of shares |
Date: | June 20, 2023 |
Excerpt of answer: |
If the valuation of shares is backed by a report of valuation as per Rule 11UA of the Income-tax Rules, 1962, the same cannot be denied by the Assessing Officer. (read more)
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45[3] vs 50c | |
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Subject: | 45[3] vs 50c |
Category: | Income-Tax |
Asked by: | BKS |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | 50C, capital gain, section 45(3) |
Date: | June 20, 2023 |
Excerpt of answer: |
The deeming fiction of section 50C of the Act cannot override the deeming fiction under section 45(3) of the Act. This has been held by the Hon'ble Income-tax Appellate Tribunal - Mumbai Bench in the case of Network Construction Company v. ACIT (2020) 185 ITD 318 (Mum)(Trib) (read more)
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Deduction of education of director | |
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Subject: | Deduction of education of director |
Category: | Income-Tax |
Asked by: | Venkat |
Answered by: | Research Team |
Tags: | Director, Educational expenses of director |
Date: | June 19, 2023 |
Excerpt of answer: |
Depends upon the facts of the case and the agreement with director , how it is beneficial to the interest of the company . In Aswathanarayana & Eswara v. Dy. CIT (2018) 258 Taxman 210 (Mad.)(HC) the court held that if it is related to business the expenditure is allowable as deduction . In Shreenath… (read more)
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filing in ITAT | |
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Subject: | filing in ITAT |
Category: | Income-Tax |
Asked by: | BS |
Answered by: | Research Team |
Tags: | appeal, ITAT, online filing |
Date: | June 19, 2023 |
Excerpt of answer: |
The ITAT has not notified the mandatory filing of the appeal . At present the appeals are filed manually . The ITAT has to amend the Income -tax (Appellate Tribunal) Rules , 1963 (read more)
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faceless | |
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Subject: | faceless |
Category: | Income-Tax |
Asked by: | BKS |
Answered by: | Reply of the Expert is awaited; |
Tags: | ITAT |
Date: | June 19, 2023 |
Excerpt of answer: | Reply of the Expert is awaited. Please check back later |
Show cause notice | |
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Subject: | Show cause notice |
Category: | Allied Law |
Asked by: | Gowhar |
Answered by: | Research Team |
Tags: | CID report, show cause notice |
Date: | June 19, 2023 |
Excerpt of answer: |
You may once again submit the copy of acquittal order . If no appeal is filed you may state that the no appeal is pending . The competent authority may drop the proceedings . You may consult an advocate who is specialised in service law , he may be able to provide the case laws… (read more)
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Tapping of phone records | |
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Subject: | Tapping of phone records |
Category: | General Law |
Asked by: | Kiran |
Answered by: | Dr .K. Shivaram Senior Advocate |
Tags: | income tax Authorities, Tapping of phone records |
Date: | June 18, 2023 |
Excerpt of answer: |
Income tax Authorities does not have a right to listen to the phone conversations .As per Section 5(2 ) of the Indian Telegraph Act , 1885 , Telephone can be trapped on the occurrence of any public emergency or in the interest of the public safety or a State Government or any officer specially authorised… (read more)
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