Answers to queries on legal issues

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bank account of HUF
Subject: bank account of HUF
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Asked by: Harish Arora
Answered by:
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Date: May 7, 2022
Excerpt of answer:
Yes . Karta can authorise by giving Power of Attorney to Co -Parcener of HUF to be signatory in Bank Account on behalf of HUF (read more)
CONDONATION OF DELAY
Subject: CONDONATION OF DELAY
Category: 
Asked by: PARAS CHHAJED
Answered by:
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Date: May 7, 2022
Excerpt of answer:
It is desirable to file an application for condonation of delay along with affidavit explaining the facts which will help the Tribunal or Appellate Authority to pass the order for condonation of delay . (read more)
strike off by roc can AO pass orders under section 144 and tax
Subject: strike off by roc can AO pass orders under section 144 and tax
Category: 
Asked by: Narayana murthy auditors
Answered by:
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Date: May 7, 2022
Excerpt of answer:
Section 176 of the Income - tax Act, deals with the provision relating to discontinues business, where any business or profession is discontinued in any assessment year, the income of the previous year up to the date of discontinued may, discretion of the Assessing officer be charged tax in that Assessment Year. Sub section (3)… (read more)
Application for registration or provisional registration or intimation or approval or provisional approval u/s 12A/10(23C)/80G/35 Form No.10A
Subject: Application for registration or provisional registration or intimation or approval or provisional approval u/s 12A/10(23C)/80G/35 Form No.10A
Category: 
Asked by: MOHAMED ALI
Answered by: Reply of the Expert is awaited;
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Date: May 7, 2022
Excerpt of answer: Reply of the Expert is awaited. Please check back later
reassessment under 148/149 time limit
Subject: reassessment under 148/149 time limit
Category: 
Asked by: rajes
Answered by:
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Date: May 7, 2022
Excerpt of answer:
By virtue of first proviso to section 149 of the Income-tax Act, 1961 (Act), No notice under section 148 of the Act shall be issued if such notice could not have been issued at that time on account of being beyond the time limit specified under the erstwhile provisions, as they stood immediately before the… (read more)
GST on corporate guarantee
Subject: GST on corporate guarantee
Category: 
Asked by: CA Subodh vora
Answered by:
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Date: May 6, 2022
Excerpt of answer:
Providing corporate guarantee per-se will not be providing of any service. However when against giving guarantee consideration is received, such amount will be for supply and liable to GST subject to other provisions. If no such consideration is received there is no taxable ‘supply’. However, as per query it appears that the entities are related… (read more)
Impact of Decision of SC on reassessment proceedings started with notices issued under old act after 1.04.20211
Subject: Impact of Decision of SC on reassessment proceedings started with notices issued under old act after 1.04.20211
Category: 
Asked by: Manoj
Answered by:
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Date: May 5, 2022
Excerpt of answer:
a. The procedure for pending assessments has been laid down by the Hon’ble Supreme Court in the case of UOI v. Ashish Agarwal [2022] 138 taxmann.com 64 (SC) at para 8 of the Judgement. b. The Hon’ble Bombay High Court in the case of Sai Cylinders Private Limited v. ACIT WP No. 3555 of 2021… (read more)
APPLICABILITY OF GST
Subject: APPLICABILITY OF GST
Category: 
Asked by: CA ASHOK KUMAR GOYAL
Answered by:
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Date: May 4, 2022
Excerpt of answer:
For purpose of registration, section 22(1) provides as under:- “(1) Every supplier shall be liable to be registered under this Act in the State or Union territory, other than special category States, from where he makes a taxable supply of goods or services or both, if his aggregate turnover in a financial year exceeds twenty… (read more)
Taxation on conversion of Private Specific Trust to Discretionary Trust
Subject: Taxation on conversion of Private Specific Trust to Discretionary Trust
Category: 
Asked by: Manish
Answered by:
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Date: April 30, 2022
Excerpt of answer:
It would be important to see the Trust deed and the clauses therein. Further, it would be necessary to see whether the same is a revocable trust or an irrevocable trust. The settlor may not be able to dissolve the trust if the same is of irrevocable nature. (read more)
Query regarding notice u/s 148 A (b) of I.T. Act 1961
Subject: Query regarding notice u/s 148 A (b) of I.T. Act 1961
Category: 
Asked by: CA Govind Agrawal
Answered by:
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Date: April 30, 2022
Excerpt of answer:
Yes, the plea is valid. The Notice under section 148A(b) of the Act and order passed under section 148A(d) of the Act has to be challenged for not following the procedure laid down in the statute. The same can also be raised in appeal. (read more)