Answers to queries on legal issues
| I am holding rural agricultural land since before 2001. Now I have converted such land as NA land and sold it. My question was which value I should consider for 2001 ? Agriculture land value or NA land Value ? | |
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| Subject: | I am holding rural agricultural land since before 2001. Now I have converted such land as NA land and sold it. My question was which value I should consider for 2001 ? Agriculture land value or NA land Value ? |
| Category: | Income-Tax |
| Asked by: | Munjal Modi |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Agricultural land, valuation |
| Date: | May 21, 2023 |
| Excerpt of answer: |
You can consider the stamp duty value as on the date of conversion of the rural agricultural land to non-agricultural land and index accordingly .In case stamp duty value is not available you may get the valuation done by the Registered Valuer . (read more)
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| ESOP vs TPO | |
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| Subject: | ESOP vs TPO |
| Category: | Income-Tax |
| Asked by: | BKS |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | ESOP, TPO |
| Date: | May 21, 2023 |
| Excerpt of answer: |
The Hon'ble ITAT - Mumbai bench in the case of Capgemini India (P.) Ltd. v. ACIT [2013] 33 taxmann.com 5 (Mumbai - Trib.) held that for the purpose of making a proper comparison of margin under the TNMM method one-time employees stock option plan (ESOP) cost incurred by an assessee on account of acquisition has… (read more)
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| Legal, will | |
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| Subject: | Legal, will |
| Category: | General Law |
| Asked by: | RUTUJA SHELAR |
| Answered by: | Research Team |
| Tags: | brother, Legal, mother, will |
| Date: | May 16, 2023 |
| Excerpt of answer: |
: It is advisable that the will of the Mother be properly attested and get it registered . Let mother also give nomination in favour of the younger brother . One has to verify whether the elder son is showing the income from house property in his name or if mother is filing her income… (read more)
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| PMLA vs CA/CS/CMA | |
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| Subject: | PMLA vs CA/CS/CMA |
| Category: | General Law |
| Asked by: | BKS |
| Answered by: | Advocate Aditya Ajgonkar |
| Tags: | CA, CMA, CS, PMLA |
| Date: | May 16, 2023 |
| Excerpt of answer: |
The PMLA has various aspects that need to be considered with respect to the proceedings contemplated. The three broad aspects are - 1. Attachment and confiscation of proceeds of crime 2. Criminal proceedings to punish the activity of money laundering 3. Compliance provisions regarding prevention of money laundering. The Circular of 3rd May, 2023, that… (read more)
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| Sec. 148, Reassessment , amalgamation , search | |
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| Subject: | Sec. 148, Reassessment , amalgamation , search |
| Category: | Income-Tax |
| Asked by: | Prakash |
| Answered by: | Research Team |
| Tags: | amalgamation writ, Reassessment |
| Date: | May 14, 2023 |
| Excerpt of answer: |
The writ petition is filed before the Bombay High Court and the High Court has given interim stay. The matter may come for hearing after vacation. It ay be desirable for the assessee to file writ petition before High Court. (read more)
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| TDS credit appearing in Form 26 AS of next year | |
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| Subject: | TDS credit appearing in Form 26 AS of next year |
| Category: | Income-Tax |
| Asked by: | CA. Ankit Tantia |
| Answered by: | Advocate Neelam Jadhav |
| Tags: | TDS credit |
| Date: | May 14, 2023 |
| Excerpt of answer: |
In the aforesaid situation, at the time of filling of the Return of Income, in the column of “Details of Tax Deducted at Source (TDS) on Income” in the sub-column “TDS credit being claimed this Year (only if corresponding income is being offered for tax this year), the assessee has to mention the correct TDS… (read more)
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| 194IA | |
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| Subject: | 194IA |
| Category: | Income-Tax |
| Asked by: | BS |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Tax deduction at source |
| Date: | May 14, 2023 |
| Excerpt of answer: |
It is qua the payer. (read more)
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| withdrawal of a flat by partner | |
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| Subject: | withdrawal of a flat by partner |
| Category: | Income-Tax |
| Asked by: | bs |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | PMLA, Withdrawal by partner |
| Date: | May 14, 2023 |
| Excerpt of answer: |
Section 43CA will apply to the firm and the firm will have to consider the market value as sales proceeds. PMLA may not be applicable (read more)
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| Sec. 56(2)(viib) | |
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| Subject: | Sec. 56(2)(viib) |
| Category: | Income-Tax |
| Asked by: | Prakash |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | 50C, Agreement to sale |
| Date: | May 14, 2023 |
| Excerpt of answer: |
This is a debatable issue and worth contesting. For example, in section 269UA of the Act, property rights are considered immovable. Therefore, the legislature in its wisdom used defined property separately for sections 56(2)(x) of the Act and section 269UA of the Act. Therefore, the right in the property cannot be considered as property for… (read more)
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| Third party evidence for making reassessment | |
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| Subject: | Third party evidence for making reassessment |
| Category: | Income-Tax |
| Asked by: | Pramod Patni |
| Answered by: | Research Team |
| Tags: | Reassessment, third party evidence |
| Date: | May 14, 2023 |
| Excerpt of answer: |
The assessee should be given an opportunity before using the evidence against the assessee. It is desirable for the assessee to ask for cross examination (read more)
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