Answers to queries on legal issues

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What is the Surcharge 37% or 25% under MMR if the AOP opted for New rigime
Subject: What is the Surcharge 37% or 25% under MMR if the AOP opted for New rigime
Category: 
Asked by: Abhishek
Answered by:
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Date: April 1, 2026
Excerpt of answer:
Under the new tax regime for an AOP, the surcharge on income tax is capped at maximum of 25%. The 37% surcharge applies only under the old tax regime for income exceeding ₹5 crore. It does not apply if the AOP has opted for the new regime. (read more)
Addition u/s 69A based solely on builder’s seized data (on-money) – sustainable?
Subject: Addition u/s 69A based solely on builder’s seized data (on-money) – sustainable?
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Asked by: B Goel
Answered by:
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Date: March 27, 2026
Excerpt of answer:
It is well settled that an addition u/s 69A r.w.s. 115BBE cannot be made relying solely on a dumb document found with a third-party without corroborative evidence. Also, cross-examination opportunity to the assessee before relying on such document is mandatory under the principles of natural justice. In Bharti Jayanti Jain vs ACIT ITA No. 7323/MUM/2025… (read more)
Applicability of Capital gain on redevelopment of commercial property
Subject: Applicability of Capital gain on redevelopment of commercial property
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Asked by: sanjay
Answered by:
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Date: March 26, 2026
Excerpt of answer:
It is arguable that there is no "transfer" because the same area is received in the new building after redevelopment. It is a mere improvement of an existing asset and not a "transfer". However, if any additional area is received, the market value of that may be taxable. In the case of residential property, the… (read more)
RETURN FILED 44AD ADDITION 69A
Subject: RETURN FILED 44AD ADDITION 69A
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Asked by: RAM BANSAL
Answered by:
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Date: March 26, 2026
Excerpt of answer:
Generally speaking, addition u/s 69A is not valid when the return is filed u/s 44AD because the presumptive income offered is deemed to cover the profit element. Further addition defeats the scheme. However, the addition may be valid if the AO brings cogent material to show that the money/deposits are not from business but are… (read more)
Applicability of ISD registration for multi-state hospital
Subject: Applicability of ISD registration for multi-state hospital
Category: 
Asked by: kollipara sundaraiah
Answered by: Reply of the Expert is awaited;
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Date: March 22, 2026
Excerpt of answer: Reply of the Expert is awaited. Please check back later
RCM on lawyer consultation
Subject: RCM on lawyer consultation
Category: 
Asked by: kollipara sundaraiah
Answered by:
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Date: March 22, 2026
Excerpt of answer:
Yes. As the doctor is a "business entity" owning a commercial building and earning rent and is paying for legal services, he is liable for GST on RCM basis. The doctor's turnover exceeds Rs 20 lakh and he is also registered under GST. (read more)
Sale of Agriculture land
Subject: Sale of Agriculture land
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Asked by: Anand
Answered by:
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Date: March 22, 2026
Excerpt of answer:
Obviously it is not acceptable. Registering the sale deed at only 50% of the market value while receiving the balance in cash amounts to undervaluation of the property and circumvention of tax/stamp duty rules, which authorities actively crack down on. (read more)
Income tax questions
Subject: Income tax questions
Category: 
Asked by: Sundaraiah Kollipara
Answered by:
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Date: March 22, 2026
Excerpt of answer:
Yes. The individual depositing ₹15 lakhs cash in FDs will have to file Form 15G (for individuals below 60 years) or Form 15H (for senior citizens aged 60+) for FY 2025-26. Form 121 becomes effective only from 1 April 2026 (FY 2026-27). For any interest credited in FY 2025-26, you must use the old 15G/15H.… (read more)
AO considered my fresh capital introduction as income escaped
Subject: AO considered my fresh capital introduction as income escaped
Category: 
Asked by: Ronak Shishodia
Answered by:
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Date: March 22, 2026
Excerpt of answer:
No. U/s 68, if the recipient can prove the identity of the payer (with PAN of lenders), creditworthiness/capacity of the source & genuineness of the transaction (with bank transfer evidence & confirmations), the sum credited in the books of an assessee cannot be treated as unexplained income. The AO is not justified in ignoring the… (read more)
12A and 80G Registration
Subject: 12A and 80G Registration
Category: 
Asked by: Simran Saluja
Answered by:
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Date: March 22, 2026
Excerpt of answer:
The current exemption u/s 11/12 and 80G continues till up to AY 2026-27. The PCIT (E) has to pass an order of renewal within 6 months from the end of the month in which the Form 10AB was received (i.e., by end of June 2026). If the renewal is rejected, you have to file an… (read more)