Answers to queries on legal issues

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Capital Gains
Subject: Capital Gains
Category: 
Asked by: Ruchi
Answered by:
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Date: February 21, 2023
Excerpt of answer:
If these tools are used for business purposes, they are depreciable assets and will have no WDV as of date. Furthermore, the benefit of indexation will not be available in such cases. We would require more facts to understand the query better. (read more)
Year of transfer in case surrender of tenancy right under redevelopment
Subject: Year of transfer in case surrender of tenancy right under redevelopment
Category: 
Asked by: Vrushali Ghoderao
Answered by:
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Date: February 21, 2023
Excerpt of answer:
The year of surrender should be taken as the year of transfer. Furthermore, benefit under section 54 of the Income-tax Act, 1961 (Act) will not be available to the tenant. Section 54F of the Act may be applicable subject to the satisfaction of other conditions. (read more)
Receipt of unit on re-development and capital gain
Subject: Receipt of unit on re-development and capital gain
Category: 
Asked by: Manoj
Answered by:
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Date: February 21, 2023
Excerpt of answer:
Yes, the Assesee has to pay Capital Gains on the exchange of four flats for four new flats. The Fair Market Value of the original 4 flats as of 2001 is to be ascertained and considered as the cost of acquisition. The benefit of indexation shall be available to the assessee. The Stamp Duty Value… (read more)
withdrwal of appeal
Subject: withdrwal of appeal
Category: 
Asked by: sonika Beniwal
Answered by:
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Date: February 20, 2023
Excerpt of answer:
An appeal filed before the CIT(A) cannot be withdrawn as a matter of right as the Income-tax Act,1961 (Act) has conferred upon the CIT(A) the power of enhancement of additions. It is the discretion of the CIT(A) to allow permission to withdraw the appeal . Where the assessee seeks to withdraw appeal , he has… (read more)
Withdrawal of appeal filed before CIT(Appeals)
Subject: Withdrawal of appeal filed before CIT(Appeals)
Category: 
Asked by: NAGESH HEGDE
Answered by:
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Date: February 20, 2023
Excerpt of answer:
An appeal filed before the CIT(A) cannot be withdrawn as a matter of right as the Income-tax Act,1961 (Act) has conferred upon the CIT(A) the power of enhancement of additions. It is the discretion of the CIT(A) to allow permission to withdraw the appeal . Where the assessee seeks to withdraw appeal , he has… (read more)
TDS on dividend income on shares transferred to wife
Subject: TDS on dividend income on shares transferred to wife
Category: 
Asked by: Arvind Khaladkar
Answered by:
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Date: February 17, 2023
Excerpt of answer:
In CIT v. Gopal Das Estates & Housing (P) Ltd. (2019) 308 CTR 201 (Delhi)(HC) , property was sold, rent passed on the respective owner-on such passing TDS also deducted by assessee. Held, credit of TDS deducted by original tenant can be claimed by the assessee. In CIT v. Ganesh Narayan Brijlal Ltd. (2017) 244… (read more)
reasonable mark up
Subject: reasonable mark up
Category: 
Asked by: bs
Answered by:
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Date: February 17, 2023
Excerpt of answer:
Sections , 2(15) 11, 12 , 13 is code by itself ,the Judgement of the Supreme Court in New Noble Educational Society v. CCIT (2022)448 ITR 594/ 219 DTR 89 / 329 CTR 137 (SC), the Honourable Court has declared the law on the subject and it will operate prospectively . The judgement to be… (read more)
Agricultural property registered in mothers name by husband out of his own earnings
Subject: Agricultural property registered in mothers name by husband out of his own earnings
Category: 
Asked by: Gagan
Answered by:
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Date: February 17, 2023
Excerpt of answer:
Assuming the mother is a Hindu, as she died intestate, her property shall devolve as per the Hindu Succession Act, 1956. In this case, her assets will be distributed amongst her husband and her two children. However, as the property in question was purchased with the consideration provided by her Husband, he will have rights… (read more)
MAT VS ECL UNDER IND AS
Subject: MAT VS ECL UNDER IND AS
Category: 
Asked by: BS
Answered by:
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Date: February 17, 2023
Excerpt of answer:
The Computation of MAT is as per section 115JB of the Act which is a code in itself. (read more)
LTCL vs LTCG
Subject: LTCL vs LTCG
Category: 
Asked by: bs
Answered by:
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Date: February 17, 2023
Excerpt of answer:
The provisions of set off and carry forward are qua income/gains and not qua the asset. As we understand, Long Term Capital Gains can be set off against Long term Capital loss. (read more)