Answers to queries on legal issues
Case of fraud committed by a government employee | |
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Subject: | Case of fraud committed by a government employee |
Category: | General Law |
Asked by: | Baljeet |
Answered by: | Research Team |
Tags: | Case of fraud committed by a government employee |
Date: | January 30, 2024 |
Excerpt of answer: |
You have a fundamental right to approach the Court. Constitution of India , gives right to every citizen of India to approach High Court .You may file a writ before the High Court . You may not get the reimbursement of expenses incurred . Whether the case fall under the category of fraud , is… (read more)
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Exemption under section 10(23C)(iiiad) | |
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Subject: | Exemption under section 10(23C)(iiiad) |
Category: | Income-Tax |
Asked by: | Abdul Yahiya |
Answered by: | Research Team |
Tags: | Exemption, Reassessment |
Date: | January 29, 2024 |
Excerpt of answer: |
The question is not clear . The Courts have held that , the provision of section 148 is not benefit of the assessee. Refer , CIT v. Sun Engineering Works (P) Ltd ( 1992 ) 198 ITR 297 ( SC), K.Sudhakr S.Shanbhag v. ITO ( 2000) 241 ITR 865 ( Bom)( HC), CIT v. Caixa… (read more)
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Appeal against rejection order by the DRP and assessment order passed by the AO | |
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Subject: | Appeal against rejection order by the DRP and assessment order passed by the AO |
Category: | Income-Tax |
Asked by: | Amar Kumar |
Answered by: | Research Team |
Tags: | appeal, drp, Tribunal |
Date: | January 29, 2024 |
Excerpt of answer: |
Please refer section 253 (1)(d), as per the provision order passed in pursuance of the directions of the Dispute Resolution Panel an appeal has to be filed to the Appellate Tribunal .The assessee has to file an appeal before the Appellate Tribunal. (read more)
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APPLICABILITY OF SECTION 9B , 45(4) AND 48 (iii) | |
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Subject: | APPLICABILITY OF SECTION 9B , 45(4) AND 48 (iii) |
Category: | Income-Tax |
Asked by: | MOTI |
Answered by: | Advocate Shashi Ashok Bekal, Research Team |
Tags: | 45(4), 48(iii), partnership firm, s.9B |
Date: | January 24, 2024 |
Excerpt of answer: |
The date of the retirement of the partners is necessary to understand the implications of section 9B and amended section 45(4) of the Act. Otherwise, if the transactions are before April 01, 2020, the erstwhile law will prevail. (read more)
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Charitable purpose | |
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Subject: | Charitable purpose |
Category: | Income-Tax |
Asked by: | SK MD ESRAR |
Answered by: | Research Team |
Tags: | Charitable purpose, charitable trust |
Date: | January 24, 2024 |
Excerpt of answer: |
One has to read the object clause of the Charitable trust . One can spend the amount only if the object clause permits to be spent . (read more)
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Credit of TDS | |
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Subject: | Credit of TDS |
Category: | Income-Tax |
Asked by: | prakash |
Answered by: | Research Team |
Tags: | Credit of TDS, TDS credit |
Date: | January 24, 2024 |
Excerpt of answer: |
The CPC is not justified in allowing the proportionate credit . The assesee can rely on section 198 which treats the tax deducted is income received . The assessee can make an application under section 154 of the Act and also application under section 264 of the Act . In case application under section 264… (read more)
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Addition on the basis of loose papers found at Third person | |
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Subject: | Addition on the basis of loose papers found at Third person |
Category: | Income-Tax |
Asked by: | Prakash |
Answered by: | Research Team |
Tags: | Loose papers, third party premises, Unexplained cash credit |
Date: | January 24, 2024 |
Excerpt of answer: |
The stand of the assessee is correct . If the Assessing Officer does not give the copies of the statement and an opportunity of cross examination addition cannot be made. The assessee can rely on ratio of following case laws . Kishanchand Chellaram v.CIT ( 1980) 125 ITR 713 ( SC) though the proceedings under… (read more)
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MUMBAI-FLAT SHARES | |
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Subject: | MUMBAI-FLAT SHARES |
Category: | Income-Tax |
Asked by: | REINLOC TEAM |
Answered by: | Reply of the Expert is awaited; |
Tags: | Capital Gains |
Date: | January 24, 2024 |
Excerpt of answer: | Reply of the Expert is awaited. Please check back later |
Transfer of PAN to central Circle | |
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Subject: | Transfer of PAN to central Circle |
Category: | Income-Tax |
Asked by: | Sheela |
Answered by: | Reply of the Expert is awaited; |
Tags: | transfer of case |
Date: | January 24, 2024 |
Excerpt of answer: | Reply of the Expert is awaited. Please check back later |
Inflated expenses u/sec 69c | |
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Subject: | Inflated expenses u/sec 69c |
Category: | Income-Tax |
Asked by: | Prakash |
Answered by: | Reply of the Expert is awaited; |
Tags: | Unexplained cash credit |
Date: | January 24, 2024 |
Excerpt of answer: | Reply of the Expert is awaited. Please check back later |