Answers to queries on legal issues

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Sucession of business to Legal heir and GST
Subject: Sucession of business to Legal heir and GST
Category: 
Asked by: Manali
Answered by:
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Date: March 2, 2023
Excerpt of answer:
It is required to be cancelled from date of death of the proprietor i.e.27.3.2022. Issues: 1. How closing stock of Goods of proprietary concern of late husband can be transfer to proprietary concern of widow , who has continued the said business by obtaining fresh registration under GST. Reply: On death of proprietor, wife becomes… (read more)
56[2] vs 64 ITAX
Subject: 56[2] vs 64 ITAX
Category: 
Asked by: bs
Answered by:
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Date: February 26, 2023
Excerpt of answer:
Yes, section 64 of the Income-tax Act, 1961 (Act) will apply to income generated on assets transferred for inadequate considerations to relatives mentioned in section 64 of the Act. (read more)
tenancy ve landlord
Subject: tenancy ve landlord
Category: 
Asked by: bks
Answered by:
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Date: February 26, 2023
Excerpt of answer:
: Transfer of Tenancy right is not a transfer of a residential house property. Therefore, section 54 of the Income-tax Act, 1961 (Act) cannot be applied. Section 54F of the Act will apply provided other conditions are satisfied. The Hon'ble Income-tax Appellate Tribunal - Mumbai Bench in the case of Meher R. Surti v. ITO… (read more)
Sir could you please tell me how Withdraw appeal filed aganist an order to opt for vivid se vishvas scheme
Subject: Sir could you please tell me how Withdraw appeal filed aganist an order to opt for vivid se vishvas scheme
Category: 
Asked by: Akshaya
Answered by:
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Date: February 24, 2023
Excerpt of answer:
As per CBDT Notification No. 9 of 2021 dated February 26, 2021( 2021) 437 ITR 13 ( St) , the last date for making an application under the Vivad Se Vishwas Act was March 31, 2021. Therefore, the assessee cannot opt for Vivad Se Vishwas Scheme. (read more)
Benami Prorperty
Subject: Benami Prorperty
Category: 
Asked by: BKS
Answered by:
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Date: February 23, 2023
Excerpt of answer:
(a).Addition cannot be made in both the hands . When the employer owns the ownership . The Department can made addition in the hands of employer if the explanation is not satisfactorily . If it is found in the locker of the employee , what statement the employee has given is very relevant . The… (read more)
Taxation on proportionate amount received on sale of family property under application to court for partition.
Subject: Taxation on proportionate amount received on sale of family property under application to court for partition.
Category: 
Asked by: Shivam Kumar
Answered by:
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Date: February 23, 2023
Excerpt of answer:
The amount received will be taxable under the head Capital Gains. As the property is heritage it is assumed that it was purchased 50 -100 years ago or inherited by the Father. Then the FMV of the heritage property as of 2001 is to be considered and indexed accordingly for the purpose of computing Long… (read more)
Section 271AAC of Income Tax Act
Subject: Section 271AAC of Income Tax Act
Category: 
Asked by: Prakash
Answered by:
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Date: February 23, 2023
Excerpt of answer:
Where the cash receipts have been included in the turnover of the assessee and tax has been paid on it. No addition can be made as unexplained income and section 115 BBE of the Income-tax Act, 1961 (Act). Once there is no addition, no penalty can be levied. The Hon’ble Income-tax Appellate Tribunal – Gauhati… (read more)
Regarding income tax summons notice unde sec 131(1A)
Subject: Regarding income tax summons notice unde sec 131(1A)
Category: 
Asked by: K.sravan kumar
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Date: February 21, 2023
Excerpt of answer:
This may be for verification of third party transactions . The assessment year need not be mentioned in the notice . If Din no is there it is a genuine notice . Visit your portal and find out . For more details you may consult your chartered Accountant . (read more)
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)