Answers to queries on legal issues
Membership of International Trade organisation | |
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Subject: | Membership of International Trade organisation |
Category: | Income-Tax |
Asked by: | Manali |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Membership of International Trade organisation, revenue expenditure |
Date: | December 7, 2022 |
Excerpt of answer: |
There are diverging views on this issue. However, ex abundanti cautela, It would not be ideal to claim the whole amount as deduction in the year of purchase of membership. The claim of expense may be spread out over the period of membership. (read more)
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ALLOWABLE EXPENSES UNDER SEC 54 TO MAKE THE FLAT HABITABLE SO THAT EXEMTION CAN BE CLAIMED | |
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Subject: | ALLOWABLE EXPENSES UNDER SEC 54 TO MAKE THE FLAT HABITABLE SO THAT EXEMTION CAN BE CLAIMED |
Category: | Income-Tax |
Asked by: | SHARANGADHANVA BABURAO JALIHAL |
Answered by: | Advocate Neelam Jadhav |
Tags: | Expenses to make flat habitable |
Date: | December 6, 2022 |
Excerpt of answer: |
On the facts of the querist at the time of purchase of flat, the said flat was unfinished or semi-finished condition or wardrobe cabinets, kitchen platform, and cabinets not in place. Assessee incurred expenditure after purchasing property, said additional expenses incurred by the Assessee would be eligible as qualifying investment under section 54 of the… (read more)
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APPEAL BY NRI | |
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Subject: | APPEAL BY NRI |
Category: | Income-Tax |
Asked by: | MBT |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | appeal, Non- Resident |
Date: | December 6, 2022 |
Excerpt of answer: |
The Central Board of Direct Taxes vide Order under sub-section (2) of Section 144B of the Act for specifying the scope/cases to be done under the Act, F.No. 187/3/2020-ITA-I dated 31st March, 2021 (the Order) specified that all the assessment proceedings pending as on 31.03.2021 and the assessment proceedings initiated on or after 01.04.2021 (other… (read more)
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Issue of share at price lower than NAV by pvt ltd co | |
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Subject: | Issue of share at price lower than NAV by pvt ltd co |
Category: | Income-Tax |
Asked by: | BKS |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Issue of shares, lower than NAV |
Date: | December 2, 2022 |
Excerpt of answer: |
As the receipt of shares is without adequate consideration, the same can trigger section 56(2)(x) of the Act in the hands of the recipient. (read more)
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Buy back of shares by Pvt Ltd cos | |
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Subject: | Buy back of shares by Pvt Ltd cos |
Category: | Income-Tax |
Asked by: | bs |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | buy back of shares |
Date: | December 2, 2022 |
Excerpt of answer: |
As the shareholder receives a consideration higher than the FMV of the shares. Therefore, there is no inadequate consideration or indirect gift. Therefore, section 56(2)(x) of the Act will not apply. (read more)
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income offered in hands of spouse | |
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Subject: | income offered in hands of spouse |
Category: | Income-Tax |
Asked by: | BS |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Clubbing of income, wrongly shown |
Date: | December 2, 2022 |
Excerpt of answer: |
Mr. A should furnish a copy of the return of income of Mrs. A and demonstrate that the income has already been taxed in her hands. File rectification application and thereafter Revision application . If no action is taken the assessee can file writ before High Court. (read more)
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43B* ESIC PF paid within grace period of 5 days [employee’s contributions] | |
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Subject: | 43B* ESIC PF paid within grace period of 5 days [employee’s contributions] |
Category: | Income-Tax |
Asked by: | bks |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | deduction, employees contribution |
Date: | December 2, 2022 |
Excerpt of answer: |
As the days of grace is statutorily provided in the specified labour law, the same should be allowed. (read more)
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S.127-Power too transfer case | |
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Subject: | S.127-Power too transfer case |
Category: | Income-Tax |
Asked by: | BKS |
Answered by: | Research Team |
Tags: | opportunity of hearing, Power to transfer case, section 127, transfer of case |
Date: | November 25, 2022 |
Excerpt of answer: |
The assessee has to file writ before the High Court . In Parappurathu Varghese Mathai and Sarakutty Mathai v. PCIT (2020) 428 ITR 79 / 193 DTR 337 / 316 CTR 833 (Bom.)(HC) the court held that the opportunity must be given to the assessee. If the assessment is over the Court may not entertain… (read more)
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153C vs 148, Jurisdction | |
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Subject: | 153C vs 148, Jurisdction |
Category: | Income-Tax |
Asked by: | bks |
Answered by: | Research Team |
Tags: | Jurisdiction, Reassessment notice, reopening of assessment, search assessment |
Date: | November 25, 2022 |
Excerpt of answer: |
Jurisdictional issue is not curable defects . The assessee should have filed the writ before the High Court challenging the notice . If the notice is not challenged the assessee must take objections before the Assessing Officer in the course of assessment proceedings . In Bal Chand Jain & Sons v. DCIT (2014) 221 Taxman… (read more)
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INTEREST ON REFUNDS U/S 244A(1A) | |
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Subject: | INTEREST ON REFUNDS U/S 244A(1A) |
Category: | Income-Tax |
Asked by: | KAMAL |
Answered by: | Research Team |
Tags: | INTEREST ON REFUNDS, Interest refunds, Refund, sectio |
Date: | November 25, 2022 |
Excerpt of answer: |
The assesseee can file an application under section 154 of the Act . In case the said application is rejected the assessee may have to file writ before the High Court . (read more)
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