Answers to queries on legal issues

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Status of proceedings 148A
Subject: Status of proceedings 148A
Category: 
Asked by: Sree lekha
Answered by:
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Date: June 10, 2023
Excerpt of answer:
According to section 148A(d) of the Act, the order under the said section should be passed within one month from the end of the month in which the response of the assessee is received against the Notice issued under section 148A(b) of the Act. In the event there is no order stating that it's a… (read more)
conveyancing charges
Subject: conveyancing charges
Category: 
Asked by: BKS
Answered by:
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Date: June 10, 2023
Excerpt of answer:
The same would be capital expenditure and has to be added to the cost of land. (read more)
Notice issued U/s 142(1)(i) repeatedly is invalid or not
Subject: Notice issued U/s 142(1)(i) repeatedly is invalid or not
Category: 
Asked by: Nitin Goyal
Answered by:
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Date: June 10, 2023
Excerpt of answer:
I have never come across such a case law. The striking-off irrelevant portion is only applicable for jurisdictional notices such as the imposition of penalty. The act of the Ld. AO seems to be in accordance with the law. (read more)
148
Subject: 148
Category: 
Asked by: BS
Answered by:
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Date: June 10, 2023
Excerpt of answer:
Return filed in compliance with Notice issued under section 148 of the Act cannot be revised (read more)
Section 15 of CGST Act and discounts
Subject: Section 15 of CGST Act and discounts
Category: 
Asked by: Sree lekha
Answered by:
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Date: June 10, 2023
Excerpt of answer:
About discount, Section 15(3) provides as under: Section 15 - Value of Taxable Supply “(3) The value of the supply shall not include any discount which is given–– (a) before or at the time of the supply if such discount has been duly recorded in the invoice issued in respect of such supply; and (b)… (read more)
Wrong Assessment Year selected while filing Income Tax Return Read more at: https://www.caclubindia.com/experts/wrong-assessment-year-selected-while-filing-income-tax-return-2898369.asp
Subject: Wrong Assessment Year selected while filing Income Tax Return Read more at: https://www.caclubindia.com/experts/wrong-assessment-year-selected-while-filing-income-tax-return-2898369.asp
Category: 
Asked by: CA. Ankit Tantia
Answered by:
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Date: June 4, 2023
Excerpt of answer:
Refer Circular No. 14(XL – 35) 1955 dated 11th April 1955. An admission in the return, if occurred or occasioned consequent upon a bona fide mistake, it can be corrected either by submitting the revised return, or explaining the mistake before the authorities. Assessee’s ignorance cannot be taken advantage of by the .The scope of… (read more)
Disclosure of assets located out side India by non resident
Subject: Disclosure of assets located out side India by non resident
Category: 
Asked by: Ajay
Answered by:
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Date: June 2, 2023
Excerpt of answer:
A non-resident is not under an obligation to disclose foreign assets in their Indian Income-tax return. (read more)
Issue of Notice U/Sec. 143(2) of the Act,
Subject: Issue of Notice U/Sec. 143(2) of the Act,
Category: 
Asked by: Prakash
Answered by:
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Date: June 2, 2023
Excerpt of answer:
The Assessment is valid. Apart from this, as you have participated in the proceedings it is assumed that you have subjected yourself to the new officer's jurisdiction (read more)
Delay in filing of ITR by Charitable Trust
Subject: Delay in filing of ITR by Charitable Trust
Category: 
Asked by: Anup A S
Answered by:
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Date: June 2, 2023
Excerpt of answer:
As we understand, you have filed a belated return. Therefore, you should be allowed a deduction under section 11 of the Act. You can take the ground that the denial of deduction under section 11 of the Act is when the assessee fails to file the Audit report on time. You may also take the… (read more)
Taxability of One time maintainace deposit collected by Developer
Subject: Taxability of One time maintainace deposit collected by Developer
Category: 
Asked by: Prakash
Answered by:
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Date: June 2, 2023
Excerpt of answer:
The assesee's stand is correct. However, this has to be explained and demonstrated to the Ld. AO's satisfaction though documents. (read more)