Answers to queries on legal issues
Dividend payment to NRI in INR-Tds applicability & Return to be filed | |
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Subject: | Dividend payment to NRI in INR-Tds applicability & Return to be filed |
Category: | Income-Tax |
Asked by: | Shailesh Pawitwar |
Answered by: | Law Intern |
Tags: | Dividend to NRI shareholders, Forms 15CA and 15CB |
Date: | August 8, 2025 |
Excerpt of answer: |
As the payment is in INR and to a NRE/NRO account, there is no "foreign remittance". However, Banks do insist upon the Forms 15CA and 15CB as there is potential for future repatriation. As a practical measure, you can specify INR as the currency in both forms and indicate "0" or "Not Applicable" in the… (read more)
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Whether Plotting of a rural agriculture land in CAPITAL assets | |
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Subject: | Whether Plotting of a rural agriculture land in CAPITAL assets |
Category: | Income-Tax |
Asked by: | Suman Kumar |
Answered by: | Law Intern |
Tags: | Capital Gains, rural agriculture land |
Date: | August 7, 2025 |
Excerpt of answer: |
If the rural agricultural land is developed into plots, it is no longer agricultural land. No agriculture activity is carried out. The gains will be assessable either as capital gain or as business gains. (read more)
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Investment in the Residential House property | |
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Subject: | Investment in the Residential House property |
Category: | Income-Tax |
Asked by: | Kiran |
Answered by: | Law Intern |
Tags: | Clubbing of income |
Date: | August 7, 2025 |
Excerpt of answer: |
I suppose the house will be registered in the name of one family member and the contributions by the other family members will be an interest-free loan. If so, no asset is transferred without consideration and the clubbing provisions under Section 64(1)(iv) or (vi) will not apply. (read more)
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Validity of Stamp paper | |
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Subject: | Validity of Stamp paper |
Category: | Allied Law |
Asked by: | Kiran |
Answered by: | Law Intern |
Tags: | Registration of deed, Stamp Duty |
Date: | August 6, 2025 |
Excerpt of answer: |
1) In Maharashtra and Gujarat, there is a time limit of six months for use of the stamp paper. The stamp paper is invalid after that period. 2) There is no time limit for stamping the deed after execution. However, if the deed requires registration, there is a time limit of 4 months after execution… (read more)
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Cash basis to Mercantile basis of accounting | |
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Subject: | Cash basis to Mercantile basis of accounting |
Category: | Income-Tax |
Asked by: | Kiran |
Answered by: | Law Intern |
Tags: | mercantile system of accounting |
Date: | August 6, 2025 |
Excerpt of answer: |
In order to follow the mercantile basis of accounting, the income from the services will have to be accounted in the month of rendering the services i.e. in March itself. You can pass a JV as follows: Client A/c (or Services Rendered A/c) ....Dr To Income from Services A/c ..............Cr If the Bills have been… (read more)
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PAN surrender | |
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Subject: | PAN surrender |
Category: | Income-Tax |
Asked by: | Kiran |
Answered by: | Law Intern |
Tags: | dead person, legal representative, representative assessee |
Date: | August 6, 2025 |
Excerpt of answer: |
There is no requirement to surrender the PAN though you may choose to do it to prevent misuse. You will have to write to the jurisdictional AO along with a copy of the Death Certificate and proof that you are the legal heir and request cancellation of the PAN. If the deceased had any taxable… (read more)
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TDS on property | |
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Subject: | TDS on property |
Category: | Income-Tax |
Asked by: | Kiran |
Answered by: | Law Intern |
Tags: | Form 26AS, Form 26QB, TDS deducted |
Date: | August 6, 2025 |
Excerpt of answer: |
You have to log into the TRACES website (https://www.tdscpc.gov.in/), go to the “Statements/Forms” > “Request for Correction” tab and make the appropriate entries. The payment can be made at the TIN-NSDL website (https://www.tin-nsdl.com/) under “Services” > “e-payment: Pay Tax Online” > “TDS on Sale of Property” > “Form 26QB.” The detailed procedure is explained here:… (read more)
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Inoperative PAN of Seller – TDS on sale of property | |
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Subject: | Inoperative PAN of Seller – TDS on sale of property |
Category: | Income-Tax |
Asked by: | Kiran |
Answered by: | Law Intern |
Tags: | TDS deducted |
Date: | August 4, 2025 |
Excerpt of answer: |
I assume the TDS is reflecting in the seller's 26AS. If not, you will have to amend Form 26B and/or write to the TDS CPC to grant the seller credit. There is no justification for the default demand on the buyer as the TDS could not be deposited due to a default of the seller.… (read more)
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Transfer of HUF’s immovable Property | |
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Subject: | Transfer of HUF’s immovable Property |
Category: | Allied Law |
Asked by: | Omi Mehta |
Answered by: | Law Intern |
Tags: | HUF, Partition, Stamp Duty |
Date: | August 4, 2025 |
Excerpt of answer: |
The transfer can be by way of a partition deed. This attracts stamp duty at 2% of the market value of the property being partitioned, subject to a maximum cap of Rs. 30,000 per share of the coparcener. The Karta may also affect a transfer by way of a gift deed or a family arrangement.… (read more)
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Partner’s Remuneration | |
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Subject: | Partner’s Remuneration |
Category: | Income-Tax |
Asked by: | Kiran |
Answered by: | Law Intern |
Tags: | partnership deed, remuneration to partners, Taxation of partnership firm |
Date: | August 3, 2025 |
Excerpt of answer: |
As per CBDT Circular No. 739, the method for determination of remuneration to partners under Section 40(b) should be clear and not vague. So, if there is an objective method specified in the partnership deed for computing the remuneration and the total remuneration is within the limits prescribed under Section 40(b), it will pass muster… (read more)
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