Answers to queries on legal issues
Penalty u/s 271(1)(c) | |
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Subject: | Penalty u/s 271(1)(c) |
Category: | Income-Tax |
Asked by: | manali |
Answered by: | Research Team |
Tags: | concealment, penalty |
Date: | April 2, 2023 |
Excerpt of answer: |
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)
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Carry forward of losses section 79 | |
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Subject: | Carry forward of losses section 79 |
Category: | Income-Tax |
Asked by: | Vidhya Chandra |
Answered by: | Research Team |
Tags: | Carry forward of losses |
Date: | April 1, 2023 |
Excerpt of answer: |
One has to study the facts before giving an answer, hence the question is not answered. (read more)
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legal heirs vs aop | |
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Subject: | legal heirs vs aop |
Category: | Income-Tax |
Asked by: | bs |
Answered by: | Research Team |
Tags: | APO, Co owners |
Date: | April 1, 2023 |
Excerpt of answer: |
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)
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refund | |
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Subject: | refund |
Category: | Income-Tax |
Asked by: | bs |
Answered by: | Research Team |
Tags: | Refund, writ |
Date: | April 1, 2023 |
Excerpt of answer: |
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)
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Wrong Return Form filed and TDS not claimed in the Return | |
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Subject: | Wrong Return Form filed and TDS not claimed in the Return |
Category: | Income-Tax |
Asked by: | VINAY GOENKA |
Answered by: | Research Team |
Tags: | Revision, Wrong return |
Date: | April 1, 2023 |
Excerpt of answer: |
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)
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Barred by limitation or not? | |
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Subject: | Barred by limitation or not? |
Category: | Income-Tax |
Asked by: | Sakshi |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Limitation, Notice, Reassessment |
Date: | April 1, 2023 |
Excerpt of answer: |
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)
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Rights Issue of Shares – Tax implication | |
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Subject: | Rights Issue of Shares – Tax implication |
Category: | Income-Tax |
Asked by: | Allwyn |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Right issue |
Date: | April 1, 2023 |
Excerpt of answer: |
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)
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legal heir | |
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Subject: | legal heir |
Category: | Income-Tax |
Asked by: | rajesh popli |
Answered by: | Advocate Neelam Jadhav |
Tags: | legal heir |
Date: | April 1, 2023 |
Excerpt of answer: |
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)
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Appeal against Orders U/s 154 for returns Originally processed U/s 143(1) of the Income Tax Act, 1961 | |
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Subject: | Appeal against Orders U/s 154 for returns Originally processed U/s 143(1) of the Income Tax Act, 1961 |
Category: | Income-Tax |
Asked by: | VINAY GOENKA |
Answered by: | Advocate Neelam Jadhav |
Tags: | appeal, Intimation |
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)
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section 131(1A) for AY 21-22 | |
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Subject: | section 131(1A) for AY 21-22 |
Category: | Income-Tax |
Asked by: | Chandan |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Black money Act, show cause notice |
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)
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