Answers to queries on legal issues

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Tax Liability on Long Term Tax
Subject: Tax Liability on Long Term Tax
Category: 
Asked by: Jalaj Karandikar
Answered by:
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Date: November 8, 2022
Excerpt of answer:
Please contact your chartered accountant/ tax consultant. The Government, inter alia, did relax the time period to claim deduction under section 54 to section 54GB of the Income-Tax Act vide the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. The dates were further extended several times with a series of Notifications… (read more)
Distribution of closing stock amongst the partners of LLP
Subject: Distribution of closing stock amongst the partners of LLP
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Asked by: Manali
Answered by:
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Date: November 8, 2022
Excerpt of answer:
Stamp Duty and GST will be applicable. The transfer to the partners will be tested under section 43CA read with section 50C of the Income-tax Act, 1961. Transfer at the Stamp Duty value is advisable. It is not understood as to why the LLP has to be dissolved. Transfer of stock in trade to the… (read more)
CURRENT TDS RATE ON PHOTOGRAPHY
Subject: CURRENT TDS RATE ON PHOTOGRAPHY
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Asked by: VINOD KUMAR
Answered by:
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Date: November 8, 2022
Excerpt of answer:
If the photographs or video is shot by a professional, the same would be considered to be art work and as a professional work. However, the same does not fall within the definition of “professional services under section 194J of the Income-tax Act, 1961 (Act). Therefore, the art work and photography would not come within… (read more)
Is immovable property gifted to a relative through a trust taxable or not
Subject: Is immovable property gifted to a relative through a trust taxable or not
Category: 
Asked by: Priti Sethi
Answered by:
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Date: November 3, 2022
Excerpt of answer:
From what we understand with the limited facts provided is that, an immovable property is settled in a trust. The settlor and beneficiaries are related as per section 56 of the Income-tax Act, 1961 (Act). This will not attract section 56(2)(x) of the Act. Now, the trust has created a company which holds the immovable… (read more)
Notice for re-opening of assessment
Subject: Notice for re-opening of assessment
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Asked by: CA Shashikant G Goyal
Answered by:
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Date: November 3, 2022
Excerpt of answer:
The Notice has been issued both electronically and by post. The issuance is before the due date; therefore, the notices won’t be time barred. (read more)
Sec. 45(5A)
Subject: Sec. 45(5A)
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Asked by: Ruchi Bhansali
Answered by:
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Date: November 3, 2022
Excerpt of answer:
As per section 45(5A) of the Income-tax Act, 1961, the capital gains shall be chargeable to income-tax as income of the previous year in which the certificate of completion for the whole or part of the project is issued by the competent authority; and for the purposes of section 48 of the Act, the stamp… (read more)
Subsidy received under PSI 2007 and Explanation 10 To Sec.43
Subject: Subsidy received under PSI 2007 and Explanation 10 To Sec.43
Category: 
Asked by: Prakash Kulkarni
Answered by:
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Date: November 3, 2022
Excerpt of answer:
Whether the subsidy is taxable or not depends upon the scheme . Unless one studies the scheme and order of Assessing Officer and CIT(A) one may not be in a position to answer the quarries raised . In LG Electronics v. PCIT (2022) 134 Taxmann.com 329 (SC ) the matter was set aside hence no… (read more)
capital gains tax
Subject: capital gains tax
Category: 
Asked by: HEMANT JOSHI
Answered by:
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Date: November 3, 2022
Excerpt of answer:
It is pertinent to note that tenancy right is not a house property, Therefore, the assessee cannot get the benefit of section 54 of the Income-tax Act, 1961. However, tenancy right is still a capital asset, therefore, the asseessee can get the benefit of section 54F of the Act, subject to satisfying the other conditions. (read more)
Claim of TDS and Assessment
Subject: Claim of TDS and Assessment
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Asked by: Manali
Answered by:
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Date: November 3, 2022
Excerpt of answer:
The Action of the Ld. AO nor of the Ld. CIT(A) is justified. The issue is merely on account of timing which should have been rectified by the Ld. AO or CIT(A). The assessee should approach the Tribunal and seek appropriate relief. (read more)
Amount received on Family arrangement
Subject: Amount received on Family arrangement
Category: 
Asked by: Prakash Kulkarni
Answered by:
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Date: October 28, 2022
Excerpt of answer:
With respect to the son, The Hon’ble Supreme Court in the case of CWT v. R. Sridharan [1976] 104 ITR 436 (SC)held that where a Son born out of this wedlock was brought up as Hindu and assessee had expressly declared that he and his son formed HUF. Therefore, the assessee's son was Hindu and… (read more)