Answers to queries on legal issues
ICDS vs IND AS | |
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Subject: | ICDS vs IND AS |
Category: | Income-Tax |
Asked by: | bs |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Book profit, ICDS |
Date: | February 17, 2023 |
Excerpt of answer: |
There is a codified law under section 115JB of the Act to compute Minimum Alternate Tax. Book profits have to be worked out as per the methods prescribed under the Companies Act, 2013 and not ICDS. (read more)
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Maharashtra Project Affected Persons Rehabilitation Act, 1999 | |
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Subject: | Maharashtra Project Affected Persons Rehabilitation Act, 1999 |
Category: | Income-Tax |
Asked by: | BKS |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | alternative flat, Capital Gains |
Date: | February 17, 2023 |
Excerpt of answer: |
The Scheme and the award would have to be studied for a better understanding. Prima facie, appears to be in the nature of hardship compensation which is a capital receipt not exigible for tax. (read more)
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CSR vs 80G | |
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Subject: | CSR vs 80G |
Category: | Income-Tax |
Asked by: | BKS |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Business expenditure, Donation |
Date: | February 17, 2023 |
Excerpt of answer: |
The Hon'ble ITAT Kolkata Bench in the case of JMS Mining (P.) Ltd. v. PCIT [2021] 130 taxmann.com 118 (Kolkata - Trib.), inter alia, held that donation made by the assessee company on account of corporate social responsibility to two funds/trusts which were duly registered under section 80G(5)(vi) of the Act was to be allowed… (read more)
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Summons under section 131(1A) | |
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Subject: | Summons under section 131(1A) |
Category: | Income-Tax |
Asked by: | Adarsh |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | not ordinary -resident, Summons |
Date: | February 17, 2023 |
Excerpt of answer: |
As a, 'not ordinary resident', you aren't required to disclose foreign assets in your returns. You should respond to the summons with a submission stating that you were a 'Not Ordinary resident' during the years under consideration and have filed your returns accordingly. The law during the time in force and proof of 'not ordinary… (read more)
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Section 271E- Penalty for failure to comply with the provisions of section 269T -Mode of repayment of loans or deposits | |
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Subject: | Section 271E- Penalty for failure to comply with the provisions of section 269T -Mode of repayment of loans or deposits |
Category: | Income-Tax |
Asked by: | Manali |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Mode of repayment of loans or deposits, penalty |
Date: | February 17, 2023 |
Excerpt of answer: |
The proceedings under section 271E of the Income-tax Act, 1961 (Act) are independent of assessment proceedings. However, the Hon'ble Gujarat High Court in the case of CIT v. Sanatan Seva Mandal [2013] 40 taxmann.com 397 (Gujarat) wherein it was held that Where pursuant to search proceedings, certain addition was made to the assessee's income on… (read more)
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206C[1G] | |
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Subject: | 206C[1G] |
Category: | Income-Tax |
Asked by: | bs |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Tour package |
Date: | February 12, 2023 |
Excerpt of answer: |
The definition is an inclusive definition, hence a broad interpretation must be given to it. In our opinion, expenses incurred on any one of the mentioned items or anything of a similar nature would attract section 206C(1G) of the Act. (read more)
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56[2]x | |
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Subject: | 56[2]x |
Category: | Income-Tax |
Asked by: | bs |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | agreement, income from other sources |
Date: | February 12, 2023 |
Excerpt of answer: |
This is a debatable issue. As you rightly pointed out the word used is "received" and what the assessee has, in this case, is a right in the immovable property and not the immovable property. Right in an immovable property is not a "property" for the purpose of section 56(2)(x) of the Income-tax Act, 1961… (read more)
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Percentage completion Method. | |
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Subject: | Percentage completion Method. |
Category: | Income-Tax |
Asked by: | Kulkarni P.S |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | method of accounting |
Date: | February 12, 2023 |
Excerpt of answer: |
Tax is levied as per the statute and not on the basis of a statement made. Both, project completion and percentage completion are accepted methods for recognizing revenue. As long as they are consistently applied, there is no need to change the method amidst the project. The assessee should not have changed their method of… (read more)
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Incorrect return uploaded | |
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Subject: | Incorrect return uploaded |
Category: | Income-Tax |
Asked by: | Manali |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | expenditure, return |
Date: | February 12, 2023 |
Excerpt of answer: |
You can write to the CBDT explaining the position . CBDT can intimate the CPC for necessary remedial measures . You can wait for scrutiny proceedings and file a revised computation of income and explain the reason for not being able to claim expenditure while filing the return of Income. alternatively, if the claim is… (read more)
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Time limit for issue of notice | |
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Subject: | Time limit for issue of notice |
Category: | Income-Tax |
Asked by: | Suresh Goyal |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Notice, Search and Seizure |
Date: | January 31, 2023 |
Excerpt of answer: |
By virtue of explanation 1 to the 4th proviso to section 153A(1) of the Income-tax Act, 1961 (Act) read with section 1st proviso to section 149 of the Act, assessment years 2013-14 and 2014-15 can be reopened provided other conditions are satisfied. (read more)
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