Answers to queries on legal issues

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Section 15 of CGST Act and discounts
Subject: Section 15 of CGST Act and discounts
Category: 
Asked by: Sree lekha
Answered by:
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Date: June 10, 2023
Excerpt of answer:
About discount, Section 15(3) provides as under: Section 15 - Value of Taxable Supply “(3) The value of the supply shall not include any discount which is given–– (a) before or at the time of the supply if such discount has been duly recorded in the invoice issued in respect of such supply; and (b)… (read more)
Wrong Assessment Year selected while filing Income Tax Return Read more at: https://www.caclubindia.com/experts/wrong-assessment-year-selected-while-filing-income-tax-return-2898369.asp
Subject: Wrong Assessment Year selected while filing Income Tax Return Read more at: https://www.caclubindia.com/experts/wrong-assessment-year-selected-while-filing-income-tax-return-2898369.asp
Category: 
Asked by: CA. Ankit Tantia
Answered by:
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Date: June 4, 2023
Excerpt of answer:
Refer Circular No. 14(XL – 35) 1955 dated 11th April 1955. An admission in the return, if occurred or occasioned consequent upon a bona fide mistake, it can be corrected either by submitting the revised return, or explaining the mistake before the authorities. Assessee’s ignorance cannot be taken advantage of by the .The scope of… (read more)
Disclosure of assets located out side India by non resident
Subject: Disclosure of assets located out side India by non resident
Category: 
Asked by: Ajay
Answered by:
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Date: June 2, 2023
Excerpt of answer:
A non-resident is not under an obligation to disclose foreign assets in their Indian Income-tax return. (read more)
Issue of Notice U/Sec. 143(2) of the Act,
Subject: Issue of Notice U/Sec. 143(2) of the Act,
Category: 
Asked by: Prakash
Answered by:
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Date: June 2, 2023
Excerpt of answer:
The Assessment is valid. Apart from this, as you have participated in the proceedings it is assumed that you have subjected yourself to the new officer's jurisdiction (read more)
Delay in filing of ITR by Charitable Trust
Subject: Delay in filing of ITR by Charitable Trust
Category: 
Asked by: Anup A S
Answered by:
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Date: June 2, 2023
Excerpt of answer:
As we understand, you have filed a belated return. Therefore, you should be allowed a deduction under section 11 of the Act. You can take the ground that the denial of deduction under section 11 of the Act is when the assessee fails to file the Audit report on time. You may also take the… (read more)
Taxability of One time maintainace deposit collected by Developer
Subject: Taxability of One time maintainace deposit collected by Developer
Category: 
Asked by: Prakash
Answered by:
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Date: June 2, 2023
Excerpt of answer:
The assesee's stand is correct. However, this has to be explained and demonstrated to the Ld. AO's satisfaction though documents. (read more)
LLP/firms
Subject: LLP/firms
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Asked by: bs
Answered by:
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Date: June 2, 2023
Excerpt of answer:
This is a controversial issue. It would be important to check the state law. The partner who holds the land should be an agriculturalist. (read more)
Deduction under section 80U
Subject: Deduction under section 80U
Category: 
Asked by: Surendra Mehta
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Date: June 2, 2023
Excerpt of answer:
As per section 80U of the Act, the assessee is entitled to a deduction on the basis of percentage of disability. The same should be certified by a medical authority as defined in the explanation to section 80 U of the Act. (read more)
Capital Gain Tax set off
Subject: Capital Gain Tax set off
Category: 
Asked by: rajiv pathak
Answered by:
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Date: June 2, 2023
Excerpt of answer:
Yes, you can set off your long term capital gains against long term capital loss. Further, the deduction of Rs. 1,00,000/- on long term capital gains is also available to the assessee. (read more)
WhatsApp chat
Subject: WhatsApp chat
Category: 
Asked by: BKS
Answered by:
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Date: May 26, 2023
Excerpt of answer:
WhatsApp chats are not admissible as evidence unless they comply with the provisions of the Information Technology Act, of 2000. The Supreme Court in the case of Anwar P. V. v. P. V. Basheer, reported in (2014) 10 SCC 473 has held and observed that an electronic record by way of secondary evidence shall not… (read more)