Answers to queries on legal issues

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in Scrutiny reaction of AO on non deposit of tax
Subject: in Scrutiny reaction of AO on non deposit of tax
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Asked by: Kiran
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Date: August 3, 2025
Excerpt of answer:
The AIS filed by the Registrar will disclose the transaction of sale and purchase. If tax is not deducted or deposited in the treasury, the AO will initiate proceedings under Section 201, demand payment of TDS with interest (1.5% per month), and may impose penalties under Sections 271C, 271H, or 234E. There could also be… (read more)
Netting off Creditors with Debtors
Subject: Netting off Creditors with Debtors
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Asked by: kollipara sundaraiah
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Date: August 3, 2025
Excerpt of answer:
Under Ind AS 32, netting off creditors with debtors for the same party through a journal entry is allowed provided there is a legally enforceable right to set off and an intent to settle on a net basis. For GST purposes, the full value of sales and purchases must be reported in GST returns, and… (read more)
ADDITIONAL INT. @ 3% U/S 244A(1A)
Subject: ADDITIONAL INT. @ 3% U/S 244A(1A)
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Asked by: A.K.Lunawat
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Date: August 3, 2025
Excerpt of answer:
No. The 3% additional interest under Section 244A(1A) can be awarded only when the refund arises due to an order passed in appeal or revision in the assessee's own case and for the same assessment year. It cannot be extended to other cases with similar facts via Section 158A(5). (read more)
Professionals taxation
Subject: Professionals taxation
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Asked by: kollipara sundaraiah
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Date: August 2, 2025
Excerpt of answer:
If the professional has not opted for Section 44ADA, he can declare any income supported by proper books of account. Tax audit is not required if gross receipts are below the audit threshold (₹50 lakh/₹75 lakh). (read more)
54F
Subject: 54F
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Asked by: 123
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Date: August 2, 2025
Excerpt of answer:
The requirement of section 54F is that the purchase of the new flat must be within one year before or two years after the date of transfer. The fact that the agreement was made earlier is not relevant. If payment is made, and possession is obtained, within the prescribed period, the requirement is satisfied. In… (read more)
is Section 56(2)(x) applicable in this moot problem ?
Subject: is Section 56(2)(x) applicable in this moot problem ?
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Asked by: anonymous
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Date: August 2, 2025
Excerpt of answer:
The question is not understood. (read more)
cost of penny stock
Subject: cost of penny stock
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Asked by: 123
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Date: August 2, 2025
Excerpt of answer:
IDS immunity will not apply if the cost of acquisition was fictitious. The AO is empowered for taxing that. In CIT v. NRA Iron & Steel Pvt. Ltd. [2019] 412 ITR 161 (SC), the Supreme Court held that merely routing money through banking channels is not enough to establish the genuineness of a transaction. (read more)
A SOLD HIS RESIDENTIAL HOUSE FOR 40 LACS ON JAN 2025. COST OF ACQUISITION 13LAC ON AUG 2011 AND A PURCHASE NEW HOUSE WITH THE NAME OF HIS SON AND SPOUSE FOR RS 45 LAC. PLEASE INFORM IS EXEMPTION U/S 54 OF THE INCOME TAX ACT APPLICABLE TO HIM OR NOT
Subject: A SOLD HIS RESIDENTIAL HOUSE FOR 40 LACS ON JAN 2025. COST OF ACQUISITION 13LAC ON AUG 2011 AND A PURCHASE NEW HOUSE WITH THE NAME OF HIS SON AND SPOUSE FOR RS 45 LAC. PLEASE INFORM IS EXEMPTION U/S 54 OF THE INCOME TAX ACT APPLICABLE TO HIM OR NOT
Category: 
Asked by: VISHNU PANDYA
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Date: August 2, 2025
Excerpt of answer:
There is no problem with claiming exemption u/s 54 for flat purchased in the name of the spouse and/or son provided the money has been paid from the sale proceeds of the assessee. There is a detailed reply on the topic given at Investment in the name of Son, exemption? (read more)
168A
Subject: 168A
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Asked by: xyz
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Date: August 2, 2025
Excerpt of answer:
The executors are taxable in the same manner and to the same extent as the deceased. If the deceased was taxable at individual slab rates, the same would apply to executors. Some leading judgements on the subject are CWT v. Estate of Late HMM Vikramsinhji of Gondal (2014) 363 ITR 679 (SC) and CIT v.… (read more)
Income tax about TDS credit
Subject: Income tax about TDS credit
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Asked by: Harsh Keshri
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Date: August 2, 2025
Excerpt of answer:
TDS credit has to be claimed in the same year in which the corresponding income is assessable. How it is recorded in the books is irrelevant. (read more)