Answers to queries on legal issues

If you have a query relating to any legal issue, you can use the form to ask it. We will request our expert panel to provide an answer as soon as possible. This service is for a limited period. So, please avail of it soon

Appeal against Orders U/s 154 for returns Originally processed U/s 143(1) of the Income Tax Act, 1961
Subject: Appeal against Orders U/s 154 for returns Originally processed U/s 143(1) of the Income Tax Act, 1961
Category: 
Asked by: VINAY GOENKA
Answered by:
Tags: ,
Date: April 1, 2023
Excerpt of answer:
On the facts and circumstances of the case, the Appellant can file an appeal against the intimation passed u/s.143(1) with the application for condonation of delay as the assessee was pursuing rectification proceedings or alternatively the assessee can file a revision application before the Commissioner. (read more)
section 131(1A) for AY 21-22
Subject: section 131(1A) for AY 21-22
Category: 
Asked by: Chandan
Answered by:
Tags: ,
Date: March 30, 2023
Excerpt of answer:
In case you have missed disclosing it in Schedule FA, there is a chance that they may initiate penalty proceedings under section 43 of the Black Money Act, 2015. Make an effective response to the penalty notice. The penalty is not automatic and it can be dropped if the assessee demonstrates a reasonable cause, bona… (read more)
UNREALISED INCOME
Subject: UNREALISED INCOME
Category: 
Asked by: bs
Answered by:
Tags: ,
Date: March 30, 2023
Excerpt of answer:
Trust can make an application under Form 9A (Rule 17 of Income-tax Rules, 1962) stating that the income is not received as per section 11(1)(2) (i) of the Act and the same will be treated as applied income. (read more)
148A(d) order passed, Next procedures to be known.
Subject: 148A(d) order passed, Next procedures to be known.
Category: 
Asked by: Shiv
Answered by:
Tags: ,
Date: March 30, 2023
Excerpt of answer:
With the limited facts provided in the query a holistic answer is not possible. The assessee would have also received a notice under section 148 of the Act asking the assessee to file the return of income. The assessee should file its return of income and participate in the reassessment proceedings. (read more)
Transfer pricing Study report
Subject: Transfer pricing Study report
Category: 
Asked by: bks
Answered by:
Tags:
Date: March 30, 2023
Excerpt of answer:
As per section 92E of the Act, the accountant who prepares the TP report should sign the same. Yes, it is mandatory compliance. Not preparing the same can attract penal consequences. (read more)
Reassessment and search action u/Sec. 132
Subject: Reassessment and search action u/Sec. 132
Category: 
Asked by: Pooja
Answered by:
Tags: ,
Date: March 30, 2023
Excerpt of answer:
This answer is prepared on the basis of the limited facts provided in the query. Firstly, if incriminating evidence is found in the course of a search conducted after April 01, 2021, the Notice issued under section 148A(b) of the Act is bad in law, as the Officer should directly issue a notice under section… (read more)
interest on pvt home loan
Subject: interest on pvt home loan
Category: 
Asked by: BS
Answered by:
Tags: ,
Date: March 30, 2023
Excerpt of answer:
If the loan is taken for a self-occupied property, a deduction of interest on the loan will be available up to Rs. 2,00,000/-. No, the assessee cannot claim a deduction of interest payments under section 80C of the Act. Section 80EE of the Act may be available subject to other conditions. (read more)
income tax section 11, 12 and 50CA
Subject: income tax section 11, 12 and 50CA
Category: 
Asked by: R K S
Answered by:
Tags: ,
Date: March 30, 2023
Excerpt of answer:
Yes, section 50CA of the Act is an anti-abusive provision which will determine the capital gains in the said transactions. However, the application of the Capital gains i.e., Income can be as per section 11(1A) of the Act. (read more)
Indexation on listed shares
Subject: Indexation on listed shares
Category: 
Asked by: shiva
Answered by:
Tags: ,
Date: March 30, 2023
Excerpt of answer:
No, as per section 112A of the Act, capital gains on the sale of long-term capital assets being listed shares after January 31, 2018 will be taxed at 10 per cent without indexation. (read more)
Condition of Stamp duty Value and Claim of Deduction U/Sec. 80IBA
Subject: Condition of Stamp duty Value and Claim of Deduction U/Sec. 80IBA
Category: 
Asked by: CA Kranti C. Bhoir
Answered by:
Tags: ,
Date: March 29, 2023
Excerpt of answer:
The stamp value has to be seen only at the time the project is approved by the Competent Authority. One may get support from Section 50C of the Act wherein the legislature has used the word assessed or assessable. (read more)