Answers to queries on legal issues

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it person household expenses or own drawings limit for one financial year
Subject: it person household expenses or own drawings limit for one financial year
Category: 
Asked by: kollipara sundaraiah
Answered by:
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Date: March 3, 2025
Excerpt of answer:
There is no provision in the Income Tax Act that caps or limits the amount an individual can spend on personal household expenses in a financial year. However, the source of funds for these expenses must be explainable and consistent with the taxpayer’s declared income. If the expenses appear disproportionate to the income reported, the… (read more)
File an appeal with ITAT when revision Petition is dismissed due to time bar
Subject: File an appeal with ITAT when revision Petition is dismissed due to time bar
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Asked by: Annamalai
Answered by:
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Date: March 3, 2025
Excerpt of answer:
An order rejecting or dismissing a revision petition under Section 264 is not an appealable order before the ITAT under Section 253 of the Income-tax Act. Under Article 226 of the Constitution of India, you can file a writ petition before the jurisdictional High Court challenging the dismissal of your revision petition. The High Court… (read more)
56[2](x)
Subject: 56[2](x)
Category: 
Asked by: BS
Answered by:
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Date: February 27, 2025
Excerpt of answer:
It can be argued that tenancy rights acquired free after Assessment Year 2017-18 are not taxable under Section 56(2)(x) because they do not squarely fit the definition of "immovable property" (land or building) as outlined in the section. However, this depends on the specific facts: If the acquisition involves only the tenancy rights and not… (read more)
Longterm Capital gain tax exemption for purchase of Flat against selling of Shares & Mutual Funds
Subject: Longterm Capital gain tax exemption for purchase of Flat against selling of Shares & Mutual Funds
Category: 
Asked by: Vivek
Answered by:
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Date: February 25, 2025
Excerpt of answer:
Thank you for reaching out with your query. I’ll do my best to clarify your situation regarding the Long-Term Capital Gains (LTCG) exemption and the Capital Gains Account Scheme (CGAS) based on the details you’ve provided. To address your question about securing a 100% exemption on the LTCG of approximately INR 30–32 lakhs from selling… (read more)
Income tax appeal before CIT(A)
Subject: Income tax appeal before CIT(A)
Category: 
Asked by: MOHAMED ALI
Answered by:
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Date: February 25, 2025
Excerpt of answer:
The right to appeal is a statutory right under the Income Tax Act, 1961 (Section 246A), and filing an appeal is not contingent upon pre-payment of the disputed tax amount. The appeal can be submitted within 30 days of receiving the assessment order or demand notice, using Form 35, along with the applicable filing fee… (read more)
tax implications on a retiring partner and partnership firm which has immovable property without having done revaluation or fair market valuation
Subject: tax implications on a retiring partner and partnership firm which has immovable property without having done revaluation or fair market valuation
Category: 
Asked by: NIKHIL KANTILAL MODI
Answered by:
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Date: February 24, 2025
Excerpt of answer:
The implication on the retiring Partner is that he or she will faces capital gains tax (LTCG/STCG) on the excess of consideration over their capital account, calculated at book value. No revaluation means a potentially lower payout and gain, but also less economic recognition of asset appreciation. As regards the Partnership Firm, there is no… (read more)
tax implications on retirement of a partner with debit capital balance
Subject: tax implications on retirement of a partner with debit capital balance
Category: 
Asked by: NIKHIL KANTILAL MODI
Answered by: Reply of the Expert is awaited;
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Date: February 24, 2025
Excerpt of answer: Reply of the Expert is awaited. Please check back later
REASSESSMENT PROCEDING U/S 148 OF THE IT ACT
Subject: REASSESSMENT PROCEDING U/S 148 OF THE IT ACT
Category: 
Asked by: PAWAN KUMAR DADHICH
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Date: February 20, 2025
Excerpt of answer:
Reopening an assessment under Section 147 of the Income Tax Act requires the Assessing Officer (AO) to have "reason to believe" that income chargeable to tax has escaped assessment. This belief must be based on tangible material and not mere suspicion or unverified third-party information. In your client’s case, the IT Department relied on information… (read more)
Definition of ancestral property for release deed
Subject: Definition of ancestral property for release deed
Category: 
Asked by: vinayak
Answered by: Reply of the Expert is awaited;
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Date: February 19, 2025
Excerpt of answer: Reply of the Expert is awaited. Please check back later
Section 54F
Subject: Section 54F
Category: 
Asked by: Puja Sharma
Answered by: Reply of the Expert is awaited;
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Date: February 19, 2025
Excerpt of answer: Reply of the Expert is awaited. Please check back later