Answers to queries on legal issues
| Draft application for order received from HC under Sec 482 of CRPC for quashing proceedings in lower court | |
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| Subject: | Draft application for order received from HC under Sec 482 of CRPC for quashing proceedings in lower court |
| Category: | Income-Tax |
| Asked by: | CA KAMLESH JAIN |
| Answered by: | KSA Legal Chambers |
| Tags: | application for quashing, criminal proceedings, Prosecution |
| Date: | October 5, 2023 |
| Excerpt of answer: |
Yes the asseessee can an make application under section. 482 of the Cr. P.C . in Ranveer Upadhyay v. State of Uttar Pradesh AIR 2022 / SCC 2044 reviewed the case law on the subject and reiterated that the power to quash criminal proceedings ought to be exercised sparingly and with circumspection . This power… (read more)
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| Appeal before CIT 154 r.w.s 147 | |
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| Subject: | Appeal before CIT 154 r.w.s 147 |
| Category: | Income-Tax |
| Asked by: | SIRIVELLA GOPAL |
| Answered by: | KSA Legal Chambers |
| Tags: | appeal before first appellate authority, rectification, Rectification of mistake, separate appeal |
| Date: | October 5, 2023 |
| Excerpt of answer: |
It is not required to file a separate appeal , if it is only a calculation mistake . At the time of hearing the assessee can file the copy of revised demand notice before the CIT( A). If the rectification order is on debatable issue , the assessee should file a separate appeal against the… (read more)
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| Determination of Sale consideration | |
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| Subject: | Determination of Sale consideration |
| Category: | Income-Tax |
| Asked by: | Akhil Garg |
| Answered by: | Reply of the Expert is awaited; |
| Tags: | 194, TDS U/S 194IA |
| Date: | October 5, 2023 |
| Excerpt of answer: | Reply of the Expert is awaited. Please check back later |
| Will Architecture visualisation comes under professional tax in income tax? How much tax will be applicable | |
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| Subject: | Will Architecture visualisation comes under professional tax in income tax? How much tax will be applicable |
| Category: | Allied Law, Income-Tax |
| Asked by: | Anju |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Architecture, professional income, professional tax |
| Date: | October 3, 2023 |
| Excerpt of answer: | Reply of the Expert is awaited. Please check back later |
| Advance in cash received from sale of agriculture land | |
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| Subject: | Advance in cash received from sale of agriculture land |
| Category: | Income-Tax |
| Asked by: | Manohar |
| Answered by: | Research Team |
| Tags: | advance, Agricultural Income, Agricultural land, cash, Sale of Agricultural land |
| Date: | September 28, 2023 |
| Excerpt of answer: |
Explanation to section 269SS reads as under (iv). ‘Specified sum’ means any sum of money receivable , whether an advance or ,otherwise in relation to transfer of an immoveable property , whether or not the transfer takes place . Agricultural land is also an immoveable property . In PCIT v. Tehal Singh Khara and Sons… (read more)
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| charitable trust carrying on business | |
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| Subject: | charitable trust carrying on business |
| Category: | Income-Tax |
| Asked by: | seetharaman |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | business, charitable trust |
| Date: | September 26, 2023 |
| Excerpt of answer: |
The Assesse has to demonstrate that less than 20 per cent of its receipts are from business activity otherwise, the activities of the Assessee will not be considered to be for a "charitable purpose" according to section 2 (15) of the Income-tax Act, 1961. (read more)
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| Deduction for NPS contribution by self employed person under new tax regime | |
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| Subject: | Deduction for NPS contribution by self employed person under new tax regime |
| Category: | Income-Tax |
| Asked by: | karan balani |
| Answered by: | Advocate Neelam Jadhav |
| Tags: | New tax regime, NPS |
| Date: | September 23, 2023 |
| Excerpt of answer: |
NPS contributions means the contribution to the pension scheme of the Central Government. The National Pension Scheme (NPS) in India is a voluntary and long-term investment plan for retirement. The National Pension Scheme (NPS) is a social security initiative by the Central Government. This pension program is open to employees from the public, private, and… (read more)
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| ITAT APPEAL FEES | |
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| Subject: | ITAT APPEAL FEES |
| Category: | Income-Tax |
| Asked by: | PARASHAR KHAMBHOLIYA |
| Answered by: | KSA Legal Chambers |
| Tags: | appeal, Appellate Tribunal, assessed income is loss, fess |
| Date: | September 20, 2023 |
| Excerpt of answer: |
Where assessee is assessed at a loss, its case would be governed by clause (d) of section 253(6) as clause (a) or (b) or (c) postulates assessment out of a positive figure and, in such a situation, court fee payable by assessee would be five hundred rupees only . Refer, Gibs Computer Ltd v.ITAT (2009))… (read more)
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| MAT Credit and Addition u/s 68 | |
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| Subject: | MAT Credit and Addition u/s 68 |
| Category: | Income-Tax |
| Asked by: | Radhey Shyam |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | cash credits, MAT credit |
| Date: | September 19, 2023 |
| Excerpt of answer: |
As the Tax under normal provisions is greater than the tax on book profits, the assessee would have to pay tax as per normal provisions. The Assessee would be entitled to credit the excess MAT credit with the tax liability in the year the assessee is paying tax as per book profits. (read more)
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| 148A after Judgement of Telengana HC | |
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| Subject: | 148A after Judgement of Telengana HC |
| Category: | Income-Tax |
| Asked by: | bs |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Face less assessment, Notice, Reassessment, writ |
| Date: | September 17, 2023 |
| Excerpt of answer: |
The Hon'ble Telangana High Court in the case of WP 25903 of 2023 dated September 14, 2023 (itatonline.org ) has held that reassessment proceedings and issuance of notice have to be done by the faceless authority as per section 151 of the Income-tax Act, 1961 (Act), the said order is binding in the state of… (read more)
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