Answers to queries on legal issues

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ALLOWABILITY OF EXPENSES UNDER INCOME TAX
Subject: ALLOWABILITY OF EXPENSES UNDER INCOME TAX
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Asked by: KARAN SHAH
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Date: August 3, 2022
Excerpt of answer:
Claiming of expenses incurred on purchase of watches and clothes is precarious and not advisable. Further, as a professional cricket player, premium paid on insurance against injury has a direct nexus with the profession of the assessee. Therefore, the same should be allowable as an expense. The Hon’ble Income-tax Appellate Tribunal – Ahmedabad Bench in… (read more)
Proceedings u/s 263 of Income Tax Act
Subject: Proceedings u/s 263 of Income Tax Act
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Asked by: Prakash Kulkarni
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Date: August 3, 2022
Excerpt of answer:
The Order of the Ld. AO cannot be said to be not erroneous or prejudicial to the interest of the revenue as the Ld. AO did not have all the facts regarding the acceptance of the capitation fee. Therefore, the action of the PCIT in holding that the order is erroneous or prejudicial to the… (read more)
purchase of sali land below stamp value
Subject: purchase of sali land below stamp value
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Asked by: ALOKE BHATTACHARYA
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Date: July 30, 2022
Excerpt of answer:
Agricultural land is not a capital asset. However, section 56 (2)(x) of the Income-tax Act, 1961 refers to any immovable property. Therefore, purchase of agricultural land below stamp duty may attract section 56(2)(x) of the Act in the hands of the buyer but will not attract section 50C of the Act in the hands of… (read more)
Superannuation Scheme
Subject: Superannuation Scheme
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Asked by: Bhakti
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Date: July 30, 2022
Excerpt of answer:
It will be necessary to peruse through the Memorandum of Association/Trust deed to understand the nature & structure of the entity. (read more)
APPLICABILITY OF TAX AUDIT
Subject: APPLICABILITY OF TAX AUDIT
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Asked by: r k agarwal
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Date: July 30, 2022
Excerpt of answer:
As per section 44AB(a) of the Income-tax Act, 1961. The criterion for tax audit is that the assessee should have a turnover, gross receipts or total sales exceeding Rs. 1 crore. Since, in this case the assessee’s turnover is Rs. 2.5 lakh, he need not get his books audited. (read more)
Capital Gain Deposit Scheme
Subject: Capital Gain Deposit Scheme
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Asked by: Poli Reddy
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Date: July 27, 2022
Excerpt of answer:
As per section 54/54F of the Income-tax Act, 1961 (Act), the amount of the capital gain which is not appropriated by the assessee towards the purchase of the new asset made within one year before the date on which the transfer of the original asset took place, or which is not utilised by him for… (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
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Asked by: Prakash Kulkarni
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Date: July 26, 2022
Excerpt of answer:
: One has to study the scheme . As regards the Reliance Industries Ltd ( TM) 88 ITD 273 ( Mum) ( Trib) the matter is pending before Bombay High Court . Refer CIT v. Reliance Industries Ltd. (SC) Source : www.itatonline.org(CA NO 7769 of 2011 arising out of SLP (C) No 9860 of 2010… (read more)
GST ON PLOTTING SCHEME
Subject: GST ON PLOTTING SCHEME
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Asked by: KARAN SHAH
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Date: July 26, 2022
Excerpt of answer:
The sale of land is neither supply of goods or services as per entry 5 in Schedule III to the GST Act. Therefore, if the sale is considered to be sale of land even after plotting, then it will be outside scope of GST and no tax will be attracted. However, there are certain Advance… (read more)
Notice u/s 148 and 148A for A.Y 2013-14
Subject: Notice u/s 148 and 148A for A.Y 2013-14
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Asked by: Ruchi Bhansali
Answered by: Reply of the Expert is awaited;
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Date: July 26, 2022
Excerpt of answer: Reply of the Expert is awaited. Please check back later
CPC System -TECH. glitches haunting as ever before honest tax payers , howsoever in a minority they are !
Subject: CPC System -TECH. glitches haunting as ever before honest tax payers , howsoever in a minority they are !
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Asked by: vswaminathan
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Date: July 19, 2022
Excerpt of answer:
CPS system .We will not be able to answer . (read more)