Answers to queries on legal issues

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UNREALISED INCOME
Subject: UNREALISED INCOME
Category: 
Asked by: bs
Answered by:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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)
131/131[1A]
Subject: 131/131[1A]
Category: 
Asked by: BS
Answered by:
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Date: March 28, 2023
Excerpt of answer:
Section 131 (1A) empowers the Assessing Officer to issue summons for the purpose of making any enquiry or investigation under the Income-tax Act and to enforce the attendance of any person or for compelling the production of any books of account or other documents with powers which are vested in a Court under the Civil… (read more)
What is the GST rate on Development and other charges collected for developers for 5% afforable scheme
Subject: What is the GST rate on Development and other charges collected for developers for 5% afforable scheme
Category: 
Asked by: Dimple Shah
Answered by:
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Date: March 26, 2023
Excerpt of answer:
What is “collected for developer” is not clear. However, since the rate is 5% on principal supply of affordable scheme, it should be 5% on development and other charges also. (read more)