Answers to queries on legal issues

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order u/s 148A[d] dropping escapement
Subject: order u/s 148A[d] dropping escapement
Category: 
Asked by: BKS
Answered by:
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Date: April 2, 2023
Excerpt of answer:
Yes the order is final . However if any new information is received on the basis of search /survey or from any source , the assessment can be reopened by following the due process of law if it is within limitation period . (read more)
Penalty u/s 271(1)(c)
Subject: Penalty u/s 271(1)(c)
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Asked by: manali
Answered by:
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Date: April 2, 2023
Excerpt of answer:
Depends on facts of the case . In Mohd. Farhan A. Shaikh v. ACIT ( 2021 ) 434 ITR 1/ 200 DTR 65/ 320 CTR 26/ 280 Taxman 334 / 125 taxmann.com 253 (Panji)(FB) ( Bom) (HC) Non-striking off of the irrelevant part while issuing notice under section 271(1)(c) of the Income-tax Act,Order is bad… (read more)
Carry forward of losses section 79
Subject: Carry forward of losses section 79
Category: 
Asked by: Vidhya Chandra
Answered by:
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Date: April 1, 2023
Excerpt of answer:
One has to study the facts before giving an answer, hence the question is not answered. (read more)
legal heirs vs aop
Subject: legal heirs vs aop
Category: 
Asked by: bs
Answered by:
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Date: April 1, 2023
Excerpt of answer:
Depends upon the facts. Whether Probate is obtained or is there any dispute as regards share to be divided etc . If the shares are specified the property can be sold by the individuals as co-owners. (read more)
refund
Subject: refund
Category: 
Asked by: bs
Answered by:
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Date: April 1, 2023
Excerpt of answer:
File a belated return and claim a refund. In case the refund is not granted move an application to CBDT. If the application is rejected file a writ before High Court. (read more)
Wrong Return Form filed and TDS not claimed in the Return
Subject: Wrong Return Form filed and TDS not claimed in the Return
Category: 
Asked by: VINAY GOENKA
Answered by:
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Date: April 1, 2023
Excerpt of answer:
It is desirable to file a revision application with a condonation of delay. The Commissioner has the power to condone the delay. In case the delay is not condoned the assessee can file a writ before High Court. Refer , Interglobe Enterprises Pvt Ltd v. PCIT ( 2023) [2023] 148 taxmann.com 121 ( Delhi) (… (read more)
Barred by limitation or not?
Subject: Barred by limitation or not?
Category: 
Asked by: Sakshi
Answered by:
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Date: April 1, 2023
Excerpt of answer:
Is the Notice issued pursuant to the decision of the Hon'ble Supreme Court in the case of Ashish Agarwal. Mostly, it should be so. The Hon'ble Allahabad High Court and Gujarat High Court have held the same as time-barred whereas the Hon'ble Delhi High Court has held it within time. (read more)
Rights Issue of Shares – Tax implication
Subject: Rights Issue of Shares – Tax implication
Category: 
Asked by: Allwyn
Answered by:
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Date: April 1, 2023
Excerpt of answer:
yes, section 50C of the Act will apply, it is advisable to show part of the house transferred as a gift and another part as sales. This is subject to the provisions of the Transfer of Property Act. (read more)
legal heir
Subject: legal heir
Category: 
Asked by: rajesh popli
Answered by:
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Date: April 1, 2023
Excerpt of answer:
Registration as a legal heir is mandatory on behalf of the deceased person. The PAN of both the deceased person and legal heir should be registered, however, if the deceased person’s PAN is not registered, then the legal heir can register on behalf of the deceased. The Applicant who is a Legal heir has to… (read more)
Appeal against Orders U/s 154 for returns Originally processed U/s 143(1) of the Income Tax Act, 1961
Subject: Appeal against Orders U/s 154 for returns Originally processed U/s 143(1) of the Income Tax Act, 1961
Category: 
Asked by: VINAY GOENKA
Answered by:
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Date: April 1, 2023
Excerpt of answer:
On the facts and circumstances of the case, the Appellant can file an appeal against the intimation passed u/s.143(1) with the application for condonation of delay as the assessee was pursuing rectification proceedings or alternatively the assessee can file a revision application before the Commissioner. (read more)