Answers to queries on legal issues

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45[3] etc
Subject: 45[3] etc
Category: 
Asked by: bs
Answered by:
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Date: May 15, 2022
Excerpt of answer:
Every year, the land has been shown in the books of the firm as its own property. Therefore, the land is duly recorded as the property of the Firm. Registration of an immovable property is a mere formality and does not amount to purchase of the immovable property. The actual year of purchase of property… (read more)
GROUNDS / COUNTER SUBMISSION FOR DIFFERENCE IN ITC BETWEEN GSTR 2A AND 3B
Subject: GROUNDS / COUNTER SUBMISSION FOR DIFFERENCE IN ITC BETWEEN GSTR 2A AND 3B
Category: 
Asked by: KARAN SHAH
Answered by:
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Date: May 15, 2022
Excerpt of answer:
The action is not justified. When there is such difference then authorities are required to take action as per section 42(3) of CGST Act, which reads as under as applicable at relevant period. “(3) Where the input tax credit claimed by a recipient in respect of an inward supply is in excess of the tax… (read more)
Income tax Act U/s 149A SC judgement and Instructions issued by CBDT 1/2022
Subject: Income tax Act U/s 149A SC judgement and Instructions issued by CBDT 1/2022
Category: 
Asked by: CA T L JAIN
Answered by:
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Date: May 15, 2022
Excerpt of answer:
As we understand, the assessee has received a fresh Notice under section 148A of the Income-tax Act, 1961 (Act) for AY 2014-15. By virtue of first proviso to section 149 of the Act, the same is time barred. The Assessee would have to explain the same in its response to the notice issued under section… (read more)
CONDONATION FOR DELAY IN FILING ITAT APPEAL
Subject: CONDONATION FOR DELAY IN FILING ITAT APPEAL
Category: 
Asked by: MOTI
Answered by:
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Date: May 15, 2022
Excerpt of answer:
The assessee can file writ petition before the High Court at the earliest . The High Court may condone the delay . In Vijay Vishin Meghani v. DCIT ( 2017) 398 ITR 250 /160 DTR 33 / 251 Taxman 270 / 299 CTR 463 ( Bom)(HC) , the delay of 2984 days in filing the… (read more)
Papers about On Money on sale of Land U/Sec. 133A of the Act 1961
Subject: Papers about On Money on sale of Land U/Sec. 133A of the Act 1961
Category: 
Asked by: Sethiya manoj
Answered by:
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Date: May 14, 2022
Excerpt of answer:
The Hon’ble ITAT Gauhati Bench in the case of Shri Abdul Hannan v. ITO ITA 46/Gau/2019 dated July 17, 2020 held that where the assessing officer has applied his mind and treated the undisclosed amount in bank account as undisclosed business receipt or turnover of the assessee, therefore provisions of section 115BBE of the Act… (read more)
Time limit to purchase new property to claim exemption u/s 54/54F
Subject: Time limit to purchase new property to claim exemption u/s 54/54F
Category: 
Asked by: Samruddhi Athanikar
Answered by:
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Date: May 13, 2022
Excerpt of answer:
: This is a debatable issue. The intention of the legislature while enacting section 54 and 54F of the Income-tax Act, 1961(Act) is to ensure that the capital of the assessee is not eroded. Expecting an assessee to invest under section 54 and 54F of the Act, albeit the Capital Gain accrues at a much… (read more)
bank account of HUF
Subject: bank account of HUF
Category:  ,
Asked by: Harish Arora
Answered by:
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Date: May 7, 2022
Excerpt of answer:
Yes . Karta can authorise by giving Power of Attorney to Co -Parcener of HUF to be signatory in Bank Account on behalf of HUF (read more)
CONDONATION OF DELAY
Subject: CONDONATION OF DELAY
Category: 
Asked by: PARAS CHHAJED
Answered by:
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Date: May 7, 2022
Excerpt of answer:
It is desirable to file an application for condonation of delay along with affidavit explaining the facts which will help the Tribunal or Appellate Authority to pass the order for condonation of delay . (read more)
strike off by roc can AO pass orders under section 144 and tax
Subject: strike off by roc can AO pass orders under section 144 and tax
Category: 
Asked by: Narayana murthy auditors
Answered by:
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Date: May 7, 2022
Excerpt of answer:
Section 176 of the Income - tax Act, deals with the provision relating to discontinues business, where any business or profession is discontinued in any assessment year, the income of the previous year up to the date of discontinued may, discretion of the Assessing officer be charged tax in that Assessment Year. Sub section (3)… (read more)
Application for registration or provisional registration or intimation or approval or provisional approval u/s 12A/10(23C)/80G/35 Form No.10A
Subject: Application for registration or provisional registration or intimation or approval or provisional approval u/s 12A/10(23C)/80G/35 Form No.10A
Category: 
Asked by: MOHAMED ALI
Answered by: Reply of the Expert is awaited;
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Date: May 7, 2022
Excerpt of answer: Reply of the Expert is awaited. Please check back later