Answers to queries on legal issues

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Notice u/s 148 and 148A for A.Y 2013-14
Subject: Notice u/s 148 and 148A for A.Y 2013-14
Category: 
Asked by: Ruchi Bhansali
Answered by: Reply of the Expert is awaited;
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Date: July 26, 2022
Excerpt of answer: Reply of the Expert is awaited. Please check back later
CPC System -TECH. glitches haunting as ever before honest tax payers , howsoever in a minority they are !
Subject: CPC System -TECH. glitches haunting as ever before honest tax payers , howsoever in a minority they are !
Category:  ,
Asked by: vswaminathan
Answered by:
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Date: July 19, 2022
Excerpt of answer:
CPS system .We will not be able to answer . (read more)
Processing of Tax Return by CPC
Subject: Processing of Tax Return by CPC
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Asked by: vswaminathan
Answered by:
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Date: July 19, 2022
Excerpt of answer:
.Please write to the Author for clarification (read more)
SERVICE TAX ON ROYALTY
Subject: SERVICE TAX ON ROYALTY
Category: 
Asked by: KARAN SHAH
Answered by:
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Date: July 17, 2022
Excerpt of answer:
When the lease is in name of A, how B can directly pay royalty to Government is not clear. It appears that the royalty may have been paid in name of A. Therefore, the basic liability of RCM falls upon A. It appears that B has also not paid RCM. You can ascertain above fact… (read more)
amount received on Family arrangement and partition of HUF
Subject: amount received on Family arrangement and partition of HUF
Category: 
Asked by: Prakash Kulkarni
Answered by:
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Date: July 17, 2022
Excerpt of answer:
It is a well settled position in law that daughters have the same rights as sons in HUF property. Therefore, the daughter out of the second marriage will have the same rights as children from the first marriage with respect to the properties of the HUF. Furthermore, since all the members of the HUF are… (read more)
271(1)c, Concealment penalty
Subject: 271(1)c, Concealment penalty
Category: 
Asked by: Omkar Shinde
Answered by:
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Date: July 17, 2022
Excerpt of answer:
Depends on facts . Burden is on the assesseee to prove that there was no concealment . It is desirable to file a detail submission on facts to demonstrate that the claim is bonafide . In Price Waterhouse Coopers Pvt. Ltd. v. CIT (2012) 348 ITR 306/253 CTR 1/77 DTR 153/211 Taxman 40 (SC) the… (read more)
I got Summon notice From income tax department under section 131(1A)
Subject: I got Summon notice From income tax department under section 131(1A)
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Asked by: Rohit
Answered by:
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Date: July 17, 2022
Excerpt of answer:
Merely because a notice issued under section 131(1A) of the Income-tax Act, 1961 is not reflected on the portal does not mean the same is not genuine. As long as it contains a valid DIN, it should be presumed as genuine and should be addressed. (read more)
Rights of illegitimate girl in HUF property
Subject: Rights of illegitimate girl in HUF property
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Asked by: Kulkarni ps
Answered by:
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Date: July 16, 2022
Excerpt of answer:
It is a well settled position in law that daughters have the same rights as sons in HUF property. Therefore, the daughter out of the second marriage will have the same rights as children from the first marriage with respect to the properties of the HUF. In the case of HARILAL AMBALAL (HUF) v ITO… (read more)
withdrawal of stock in trade by partner
Subject: withdrawal of stock in trade by partner
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Asked by: bs
Answered by:
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Date: July 16, 2022
Excerpt of answer:
Yes, section 43CA of the Income-tax Act, 1961 (Act) will be attracted in the hands of the Partnership Firm. The Stamp Duty Value of the property will be taken as the Sales price. Similarly, the difference between the Stamp Duty Value and Price paid by the partner will attract section 56(2)(x) of the Act in… (read more)
APPEAL EFFECT ORDER
Subject: APPEAL EFFECT ORDER
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Asked by: RAJE
Answered by:
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Date: July 12, 2022
Excerpt of answer:
The assessee should file an appeal before the CIT(A) and can also file rectification application . (read more)