Answers to queries on legal issues
| donation to political party | |
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| Subject: | donation to political party |
| Category: | Income-Tax |
| Asked by: | bs |
| Answered by: | Research Team |
| Tags: | donation to political party |
| Date: | April 26, 2023 |
| Excerpt of answer: |
: In CIT v. Chotingrai Tea & Others (2002) 258 ITR 529 / (2003) 126 Taxman 399 / 179 CTR 103 (SC) the Court held that once it was found that the assessee had fulfilled all the conditions which had been laid down under section 35CCA of the Act for claiming deduction of the amount… (read more)
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| BMA ACT | |
|---|---|
| Subject: | BMA ACT |
| Category: | General Law |
| Asked by: | BKS |
| Answered by: | Research Team |
| Tags: | look out |
| Date: | April 25, 2023 |
| Excerpt of answer: |
File writ petition and challenge the notice . (read more)
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| Sec.154. Rectification of mistake apparent from record | |
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| Subject: | Sec.154. Rectification of mistake apparent from record |
| Category: | Income-Tax |
| Asked by: | A C Jain. |
| Answered by: | Research Team |
| Tags: | rectification |
| Date: | April 25, 2023 |
| Excerpt of answer: |
Yes it is a mistake apparent on record , however the AO may take the view that it is debatable , hence it is advisable to file an appeal . (read more)
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| Search and reopening of assessment | |
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| Subject: | Search and reopening of assessment |
| Category: | Income-Tax |
| Asked by: | Neha |
| Answered by: | Research Team |
| Tags: | Reassessment, Search cases |
| Date: | April 18, 2023 |
| Excerpt of answer: |
The time period for reopening of assessment has been reduced from six years period earlier to three years period as per the amended provisions, in cases where income escaping assessment amounts to Rs 50 lakhs or likely to amount to Rs 50 lakhs and above the case can be reopened up to 10 years .… (read more)
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| Foreign Investments | |
|---|---|
| Subject: | Foreign Investments |
| Category: | Income-Tax |
| Asked by: | Vikas Shah |
| Answered by: | Research Team |
| Tags: | Foreign Investments |
| Date: | April 15, 2023 |
| Excerpt of answer: |
One has to study the facts before giving any advice. The querist will get the credit of tax paid in USA . It will be desirable to contact the Tax consultant with detailed facts . (read more)
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| Sec. 145(3) and assessment U/Sec. 143(3) of the Act. | |
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| Subject: | Sec. 145(3) and assessment U/Sec. 143(3) of the Act. |
| Category: | Income-Tax |
| Asked by: | Prakash |
| Answered by: | Research Team |
| Tags: | percentage completion method, project completion method |
| Date: | April 15, 2023 |
| Excerpt of answer: |
In PCIT v. Salarpuria Simplex Dwelling LLP. (2022) 289 Taxman 264 / 216 DTR 425 (Cal)( HC) the Court held that when the assessee has followed the project completion method the Revenue is not justified the rejecting the books of account and adopting the percentage completion method. Before passing the order under section 144 a… (read more)
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| Search and Sec, 148 | |
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| Subject: | Search and Sec, 148 |
| Category: | Income-Tax |
| Asked by: | praksh |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Notice, search |
| Date: | April 13, 2023 |
| Excerpt of answer: |
ABC can file an RTI or even ask the Ld. AO on what basis sanction has been given by the prescribed authority to issue a Notice under section 148 of the Act. The return can be filed in light of the reasons provided for approval of the sanction. (read more)
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| 194R vs 194H | |
|---|---|
| Subject: | 194R vs 194H |
| Category: | Income-Tax |
| Asked by: | BS |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | brokers, TDS |
| Date: | April 13, 2023 |
| Excerpt of answer: |
The terms of the contract and the nature of the payment would have to be understood for understanding under which section of the Income-tax Act, 1961, tax has to be deducted. (read more)
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| 50% deduction under section 57(iv) | |
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| Subject: | 50% deduction under section 57(iv) |
| Category: | Income-Tax |
| Asked by: | Subodh vora |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | deduction, income from other sources |
| Date: | April 13, 2023 |
| Excerpt of answer: |
Yes, income tax is payable on 50 per cent of the enhanced interest income after claiming a deduction under section 57 of the Act. (read more)
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| TDS ON IMPORT AND EXPORT OCEAN FREIGHT | |
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| Subject: | TDS ON IMPORT AND EXPORT OCEAN FREIGHT |
| Category: | Income-Tax |
| Asked by: | Karan shah |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | TDS |
| Date: | April 13, 2023 |
| Excerpt of answer: |
The terms of the contract and the nature of the payment would have to be understood for understanding under which section of the Income-tax Act, 1961, tax has to be deducted. (read more)
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