Answers to queries on legal issues
LONG TERM CAPITAL GAIN ARISING ON SALE OF RESIDENTIAL PROPERTY INHERITED, CAN THE AMOUNT BE INVESTED IN ANOTHER PROPERTY IN THE NAME OF CHILD VIZ MARRIED DAUGHTER. | |
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Subject: | LONG TERM CAPITAL GAIN ARISING ON SALE OF RESIDENTIAL PROPERTY INHERITED, CAN THE AMOUNT BE INVESTED IN ANOTHER PROPERTY IN THE NAME OF CHILD VIZ MARRIED DAUGHTER. |
Category: | Income-Tax |
Asked by: | C P MALIK |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Long term capital gains, married daughter |
Date: | April 30, 2023 |
Excerpt of answer: |
It is advisable to purchase the property in your own name with the second of your daughter to avoid any unpleasant scenarios. (read more)
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Capital Gain U/SEc. 45(1) | |
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Subject: | Capital Gain U/SEc. 45(1) |
Category: | Income-Tax |
Asked by: | neha |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | agreement, Capital Gains |
Date: | April 30, 2023 |
Excerpt of answer: |
The agreement would have to be analysed to come to a conclusion that the possession is not transferred to the builder. The said non-compliance by the builder would have to be demonstrated before the judicial authorities to establish there was no transfer. (read more)
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Benami | |
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Subject: | Benami |
Category: | General Law |
Asked by: | BS |
Answered by: | Research Team |
Tags: | Benami relative |
Date: | April 30, 2023 |
Excerpt of answer: |
The assessee is able to explain the source and confirmation the property cannot be held to be benami . In case the explanation of the assessee is not satisfactory , the Assessing Officer can make addition as un explained investment under section 69 of the Act or under section 115BBE of the Act . (read more)
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Sec. 148A(b), 148A(d) and 148 | |
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Subject: | Sec. 148A(b), 148A(d) and 148 |
Category: | Income-Tax |
Asked by: | Prakash |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | 44AD, Reassessment |
Date: | April 29, 2023 |
Excerpt of answer: |
The act of the Ld. AO is not justified. Non-consideration of objections is in violation of the principles of Natural Justice. Further, the Assessee has the grounds of Change of Opinion, True and Full disclosure and the case is beyond 4 years where original scrutiny was made, and absence of any tangible materials. (read more)
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Sec. 2(47)(v) , Sec. 45 | |
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Subject: | Sec. 2(47)(v) , Sec. 45 |
Category: | Income-Tax |
Asked by: | Prakash |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Capital Gains, Transfer |
Date: | April 29, 2023 |
Excerpt of answer: |
It is advisable to purchase the property in your own name with the second of your daughter to avoid any unpleasant scenarios. (read more)
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Sec. 56(2)(viib) and agreement to sale | |
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Subject: | Sec. 56(2)(viib) and agreement to sale |
Category: | Income-Tax |
Asked by: | Prakash |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Agreement to sale, agreement value, consideration, stamp value |
Date: | April 29, 2023 |
Excerpt of answer: |
The matter has to be referred to the DVO for the valuation of the property and the assessee is also at liberty to file a valuation report. (read more)
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penalty u/s 43 | |
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Subject: | penalty u/s 43 |
Category: | Income-Tax |
Asked by: | BS |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Penalty 43 |
Date: | April 29, 2023 |
Excerpt of answer: |
It is pertinent to note that the levy of penalty under section 43 of the Black Money Act is not mandatory in nature. The Hon'ble ITAT - Mumbai in the case of Leena Gandhi has concurred with this view. Even the Budget speeches while introducing the Black Money Act have clarified the intention of the… (read more)
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Long Term Capital Loss on Equity | |
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Subject: | Long Term Capital Loss on Equity |
Category: | Income-Tax |
Asked by: | Shankar |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Long term capital loss equity |
Date: | April 29, 2023 |
Excerpt of answer: |
Yes, the taxpayer can index the cost of acquisition for the purpose of computing long-term capital gains or losses on the sale of listed equity shares. (read more)
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AOP and FIRM | |
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Subject: | AOP and FIRM |
Category: | Income-Tax |
Asked by: | Rahul bhadange |
Answered by: | Advocate Neelam Jadhav |
Tags: | AOP, Firm |
Date: | April 29, 2023 |
Excerpt of answer: |
The form ITR 5 is to be used by a person being a firm, LLPs, AOP, BOI, an artificial juridical person referred to in section 2(31)(vii), the estate of deceased, the estate of insolvent, business trust and investment fund, cooperative society and local authority. The form ITR -5 is applicable to FIRM as well as… (read more)
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50C, Stamp valuation | |
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Subject: | 50C, Stamp valuation |
Category: | Income-Tax |
Asked by: | BKS |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Relative, stamp valuation |
Date: | April 29, 2023 |
Excerpt of answer: |
Yes, 50C is applicable on sale of a flat between relatives below SDV. The transfer document can be drafted in a manner which shows a part of the flat is transferred as a gift i.e., without consideration and the other part at/above SDV. (read more)
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