Answers to queries on legal issues

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TRANSFER of Agricultual Land- TAXABILITY
Subject: TRANSFER of Agricultual Land- TAXABILITY
Category: 
Asked by: vswaminathan
Answered by: Reply of the Expert is awaited;
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Date: January 24, 2024
Excerpt of answer: Reply of the Expert is awaited. Please check back later
Sale of Tenanted Redeveloped flat
Subject: Sale of Tenanted Redeveloped flat
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Asked by: Surendra Bhide
Answered by: Reply of the Expert is awaited;
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Date: January 24, 2024
Excerpt of answer: Reply of the Expert is awaited. Please check back later
Interest on loan taken for acquiring a residential house , S.80EEA ?
Subject: Interest on loan taken for acquiring a residential house , S.80EEA ?
Category: 
Asked by: Ravi aiftp
Answered by: ,
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Date: January 16, 2024
Excerpt of answer:
On literal reading it is possible to claim deduction of interest on loan taken for acquiring a residential house property whose stamp duty value does not exceed Rs. 45/- lakhs even though the cost of the residential property was Rs. 50/- lakhs On comparison with Section 80EE with this section, you will notice that section… (read more)
Conversion of company into LLP, applicability of sections 50C and 50CA.?
Subject: Conversion of company into LLP, applicability of sections 50C and 50CA.?
Category: 
Asked by: Ravi aiftp
Answered by: ,
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Date: January 16, 2024
Excerpt of answer:
(a) From the query it is clear that annual turnover of ABC Pvt. Ltd is more than Rs. 60/- lakhs . Hence benefit of exemption u/s. 47(xiiib) is not available. So when ABC Pvt. Ltd converts into LLP, it would liable to tax under section 45 of the Act. (b) If there is any immovable… (read more)
Capital gains, sale of equity shares ?
Subject: Capital gains, sale of equity shares ?
Category: 
Asked by: Ravi aiftp
Answered by: ,
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Date: January 16, 2024
Excerpt of answer:
While filing the tax return for F.Y. 2023-24 i.e. for A.Y 2024/25, and computing capital gains, total value of consideration should be taken at Rs. 25/- crores. As balance of Rs. 5 crores would be due and accrue only at the end of three year i.e. March 31, 2027. As the founders are eligible for… (read more)
Liability of private Limited Company , recovery from Directors?
Subject: Liability of private Limited Company , recovery from Directors?
Category: 
Asked by: Ravi aiftp
Answered by: ,
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Date: January 16, 2024
Excerpt of answer:
Section 179 deals with the vicarious liability of the Directors of private company. It states as under:- “179(1) – Notwithstanding anything contained in the Companies Act 1956 where any tax due from a private company in respect of any income of any previous year or from any other company in respect of any income of… (read more)
Adjustment of demand, without giving notice ?
Subject: Adjustment of demand, without giving notice ?
Category: 
Asked by: Ravi aiftp
Answered by: ,
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Date: January 16, 2024
Excerpt of answer:
It is to be stated that no adjustment of demand of earlier years is permissible against the refund of current year in the absence of mandatory intimation required to be given u/s 245 of the Income Tax Act. In Bharat Petrolium Corporation Ltd. v. Asstt DIT (2021) 133 Taxmann.com 320 (Bom) Bombay High Court have… (read more)
Fresh assessment , barred by limitation ?
Subject: Fresh assessment , barred by limitation ?
Category: 
Asked by: Ravi aiftp
Answered by: ,
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Date: January 16, 2024
Excerpt of answer:
As per the query, it appears that ITAT has remanded the matter back to the Assessing Officer to decide afresh. Section 153 of the Income Tax Act prescribes time limit for completion of assessment and re-assessment. It is amended by the Finance Act 2017 with retrospective effect from 01.06.2016 and the provision regarding limitation for… (read more)
Loan to invest in partnership firm , interest paid , deduction?
Subject: Loan to invest in partnership firm , interest paid , deduction?
Category: 
Asked by: Ravi aiftp
Answered by: ,
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Date: January 16, 2024
Excerpt of answer:
To answer the above question, we have to understand the relation between the firm and partner as also the relevant provisions of the income tax act. Those are applicable for the assessment of firm and partner i.e. section 2(24)(ve), section 28 (v), 40(b) and 155(1A). The business carried out by the firm is also a… (read more)
Taxation of Salary, bonus linked profits of the company ?
Subject: Taxation of Salary, bonus linked profits of the company ?
Category: 
Asked by: Ravi aiftp
Answered by: ,
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Date: January 16, 2024
Excerpt of answer:
No, bonus becomes due to employee only on July 10, 2023. Therefore the same will be taxable in the hands of employee in the assessment year 2024/25. Employee can claim TDS in the assessment year 2024/25. S.16 contemplates a tax on salaries which are due, whether paid or not. Even it covers salaries which are… (read more)