Answers to queries on legal issues

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Sec 54F, capital gain, investment in residential house
Subject: Sec 54F, capital gain, investment in residential house
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Asked by: Rajendra P Shah
Answered by:
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Date: September 28, 2024
Excerpt of answer: Reply of the Expert is awaited. Please check back later
271(1)(b) – can penalty us 271(1)(b) levied for incomplete reply ?
Subject: 271(1)(b) – can penalty us 271(1)(b) levied for incomplete reply ?
Category: 
Asked by: sohini
Answered by: ,
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Date: August 15, 2024
Excerpt of answer:
The querist has not mentioned the assessment year; from assessment year 2017-18 no penalty can be imposed under this section. Refer clause (7) of section 271. In the case of [2022] 139 taxmann.com 54 (Delhi)HIGH COURT OF DELHI in the case of Mrs. Jayanti Dalmia v. Deputy Commissioner of Income-tax has confirmed the penalty under… (read more)
Applicability of Sec.270A
Subject: Applicability of Sec.270A
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Asked by: Raghuramaiah K
Answered by: Reply of the Expert is awaited;
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Date: August 10, 2024
Excerpt of answer: Reply of the Expert is awaited. Please check back later
An AOP assessed to MMR of tax – liable to partial integration of agricultural income
Subject: An AOP assessed to MMR of tax – liable to partial integration of agricultural income
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Asked by: Rajesh G Dhakappa
Answered by:
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Date: August 8, 2024
Excerpt of answer:
The contention of AO is correct, however, he has to calculate tax as per paragraph A of Part 1 of the First Schedule : Then tax payable on non agricultural income and agricultural income will not exceed the non agricultural income. (read more)
Cash paid to builder for acquiring residential flat
Subject: Cash paid to builder for acquiring residential flat
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Asked by: Sunil Dalal
Answered by: ,
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Date: August 8, 2024
Excerpt of answer:
The cash payment more then Rs20000/- is not permissible under section 269SS explanation (iv) either as advance or payment for purchase of property. This provision is applicable from 01-06-2015. The contravention entails penalty under section 271D equal to the amount. This case is to be contested on facts by filing chart of withdrawal from the… (read more)
CIT(A) order can rectified
Subject: CIT(A) order can rectified
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Asked by: CA Amol Madiwal
Answered by: ,
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Date: August 8, 2024
Excerpt of answer:
If the judgement of the jurisdictional High Court is brought to the notice of the bench and not followed it certainly is a mistake apparent from the record rectifiable under section 154 of the IT Act. (i) COMMISSIONER OF INCOME TAX vs. MALI RAM VERMA (2003) 185 CTR (Raj) 539 : (2003) 131 TAXMAN 518… (read more)
Penalty u/s 271DA, failure to comply with provisions of section 269ST(Mode of undertaking transactions )
Subject: Penalty u/s 271DA, failure to comply with provisions of section 269ST(Mode of undertaking transactions )
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Asked by: Suresh Goyal
Answered by:
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Date: August 8, 2024
Excerpt of answer:
Section 271DA reads as under: “(1) If a person receives any sum in contravention of the provisions of section 269ST, he shall be liable to pay, by way of penalty, a sum equal to the amount of such receipt: Provided that no penalty shall be imposable if such person proves that there were good and… (read more)
GST and Stamp Duty cost whether allowed in section 54F Deduction, investment in residential house
Subject: GST and Stamp Duty cost whether allowed in section 54F Deduction, investment in residential house
Category: 
Asked by: Manish Jain
Answered by:
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Date: July 28, 2024
Excerpt of answer:
The Madras High Court in C. Aryama Sundaram vs. CIT [407 ITR 1] has observed that: “The cost of new residential house would necessarily include the cost of land, materials used in the construction, labour and any other cost relatable to the acquisition or construction of the residential house” Thus GST and Stamp Duty paid… (read more)
Death of an employee
Subject: Death of an employee
Category: 
Asked by: Anthony Thomas Job
Answered by:
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Date: July 28, 2024
Excerpt of answer:
It may be desirable to consult the Labour lawyer practicing in your area . One may consider making a police complaint explain the facts . The police may take cognisance and may file criminal case against the person responsible . One can also consider making a claim for compensation in an appropriate forum . (read more)
Query regarding Long Term Capital Loss on Unlisted Shares and Debentures (Financial Year 2023-24)
Subject: Query regarding Long Term Capital Loss on Unlisted Shares and Debentures (Financial Year 2023-24)
Category: 
Asked by: Ronak
Answered by: Reply of the Expert is awaited;
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Date: July 28, 2024
Excerpt of answer: Reply of the Expert is awaited. Please check back later