Answers to queries on legal issues

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Viwad Se Vishwas Form 5
Subject: Viwad Se Vishwas Form 5
Category: 
Asked by: Tauseef
Answered by:
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Date: November 21, 2022
Excerpt of answer:
Department may not issue Form No 5 . The assessee may have to file writ before High Court . (read more)
Allowability of expenditure
Subject: Allowability of expenditure
Category: 
Asked by: Manali
Answered by:
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Date: November 19, 2022
Excerpt of answer:
The burden is on the assessee to establish that the payment was made for services rendered. Mere deduction of TDS and giving PAN is not sufficient . Mere confirmation is not sufficient , the recipient of the commission has to respond to the summons . (read more)
Addition made on the basis of Excel Sheet
Subject: Addition made on the basis of Excel Sheet
Category: 
Asked by: Amrut Patel
Answered by:
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Date: November 19, 2022
Excerpt of answer:
Merely on the basis of data found in the excel sheet the addition cannot be made . On the facts of the case as the Excel sheet was found in the premises of third party no addition can be made on the assessment of the assessee. In CIT v. Vatika Landbase Pvt. Ltd. (2016) 383… (read more)
SEC.16(4) AND 73 OF Gst Act
Subject: SEC.16(4) AND 73 OF Gst Act
Category: 
Asked by: Manali
Answered by: Reply of the Expert is awaited;
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Date: November 18, 2022
Excerpt of answer: Reply of the Expert is awaited. Please check back later
Impact of Slump Sale on the Purchaser
Subject: Impact of Slump Sale on the Purchaser
Category: 
Asked by: Ruchi Bhansali
Answered by: Reply of the Expert is awaited;
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Date: November 18, 2022
Excerpt of answer: Reply of the Expert is awaited. Please check back later
DISCRIMINATION
Subject: DISCRIMINATION
Category: 
Asked by: MOTI
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Date: November 18, 2022
Excerpt of answer:
Merely because the other two cases have not been reopened, cannot be a ground for challenge. The Department is entitled to reopen files and enquire into transactions made by the assessee. The Assessee will have to demonstrate the purchase of land by furnishing a copy of bank statements and other documents. (read more)
composition scheme under gst
Subject: composition scheme under gst
Category: 
Asked by: CHANDAN CHAUDHURI
Answered by:
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Date: November 18, 2022
Excerpt of answer:
As per section 10(1)(c) half percentage (total 1%) is payable of the กฎturnover in Stateกฏ. Explanation 2 to section10 excludes certain turnovers from กฎturnover in stateกฏ. The Explanation 2 reads as under: กฐExplanation 2.จCจCFor the purposes of determining the tax payable by a person under this section, the expression จDturnover in State or turnover in… (read more)
Addition due to diffrence in receipts as per 26AS and disclosed in Profit and loss account Stay of demand
Subject: Addition due to diffrence in receipts as per 26AS and disclosed in Profit and loss account Stay of demand
Category: 
Asked by: Manali
Answered by:
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Date: November 17, 2022
Excerpt of answer:
The Assessee is corporate entity, hence all the accounts has to be prepared as per the Companies Act, as well as Income -tax Act. Accordingly the income of the Appellant has to be declared on accrual basis for the year. Merely because some of the entries are not reflected in 26AS and the income was… (read more)
M.A. by Department on issue of Limitation.
Subject: M.A. by Department on issue of Limitation.
Category: 
Asked by: Kanika Agarwal
Answered by:
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Date: November 11, 2022
Excerpt of answer:
The assessee may refer the judgement the Judgement of Apex Court in CIT v. Reliance Industries Ltd ( 2022 ) 440 ITR 1(SC) where in the Honourable Supreme Court held that the ITAT has no power of review . assuming the Tribunal decides merits erroneously remedy of aggrieved party is to appeal before High Court… (read more)
271D
Subject: 271D
Category: 
Asked by: Manali
Answered by: Reply of the Expert is awaited;
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Date: November 11, 2022
Excerpt of answer: Reply of the Expert is awaited. Please check back later