Answers to queries on legal issues

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Sec.68 and penny stock
Subject: Sec.68 and penny stock
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Asked by: Manoj
Answered by:
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Date: May 21, 2022
Excerpt of answer:
The issue of penny stock allegations would have to be evaluated on a case-to-case basis. With details such as i. SEBI inquiry or action ii. Source of information for the Department iii. Justification for rise in share price, if any, et cetera. With respect to the alleged unexplained investment, the Assessee should demonstrate before the… (read more)
Ltcg Section 112a- how to claim deduction, ie in which schedule
Subject: Ltcg Section 112a- how to claim deduction, ie in which schedule
Category: 
Asked by: Ranjit Khosla
Answered by:
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Date: May 20, 2022
Excerpt of answer:
LTCG to be computed on Gross Basis in the total income i.e.1.50 lakh to included in the total income. Tax on such 1.50 lakh would be calculated excluding 1 lakh i.e. 0.50 lakh @10% chargeable to tax. It is to be shown in ITR Schedule B serial no.5 From sale of equity share in a… (read more)
CAPITAL GAINS
Subject: CAPITAL GAINS
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Asked by: VIJAY SHAH
Answered by:
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Date: May 20, 2022
Excerpt of answer:
It would be pertinent to check for which Assessment Years, the Hon’ble ITAT has held that no Capital Gain arises, as now there is no denying that TDR is a Capital Asset as per section 2 (14) of the Income-tax Act, 1961 (Act). Earlier, no Capital Gain was applicable on sale of TDR [CIT v.… (read more)
LLP income tax
Subject: LLP income tax
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Asked by: rajesh
Answered by:
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Date: May 20, 2022
Excerpt of answer:
As we understand, as per the formula given under section 45(4) of the Income-tax Act, the capital account may be represented in any manner. Therefore, the ‘reserves and surplus’ forms a part of the Capital of the Partner. Hence, the sum of Rs. 100 lakhs should not attract section 45(4) of the Act. (read more)
remand report
Subject: remand report
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Asked by: bs
Answered by:
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Date: May 18, 2022
Excerpt of answer:
If the tax in dispute is less than the amount prescribed as per the CBDT circular , the appeal will be dismissed by the Tribunal unless, exception provided in para 10(e) of Circular No. 17 of 2019 ( 2019 ) 426 ITR 106 (St) ,is applicable . Refer Circular No. 3 of 2018 dated July… (read more)
refund under Vivad se viswas Tax 2020
Subject: refund under Vivad se viswas Tax 2020
Category: 
Asked by: BS
Answered by:
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Date: May 17, 2022
Excerpt of answer:
File writ petition before High Court . High Court may direct the revenue to refund the amount with interest . (read more)
HUF
Subject: HUF
Category: 
Asked by: bs
Answered by:
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Date: May 17, 2022
Excerpt of answer:
1. Yes, Partition of an HUF need not be equal. The largest share would be exempted from Stamp Duty. 2. The wife of the karta, can be a member of the HUF but not a coparcener of her husband’s HUF. A coparcener cannot ask for partition of the HUF. The wife of the karta can… (read more)
45[4] etc
Subject: 45[4] etc
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Asked by: BS
Answered by:
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Date: May 17, 2022
Excerpt of answer:
There is a formula provided under section 45(4) of the Income-tax Act, 1961 (Act) for computation of capital gains. According to it, any excess received over and above the capital balance would amount to Capital Gains. The Firm is liable to tax on the excess paid to the partners over and above the capital balance… (read more)
DOCUMENT FOUND DURING INCOME TAX SEARCH WHICH IS NOT ACCEPTED BY ASSEESEE
Subject: DOCUMENT FOUND DURING INCOME TAX SEARCH WHICH IS NOT ACCEPTED BY ASSEESEE
Category: 
Asked by: KARAN
Answered by:
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Date: May 17, 2022
Excerpt of answer:
Merely on the basis of certain documents found in the third party premises the addition cannot be made . The provision of section 132 (4A) and section 292C is not applicable in respect of documents found in the third party premises . In Dy.CIT v .GSNR Rice Industries Pvt. Ltd (2021) 90 ITR 114 /… (read more)
Section 148A and 132 of Income Tax Act
Subject: Section 148A and 132 of Income Tax Act
Category: 
Asked by: Manoj
Answered by:
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Date: May 17, 2022
Excerpt of answer:
Search assessment are excluded from the provisions of section 148A of the Income-tax Act, 1961 (Act). Further, it is also deemed that the Ld. Assessing Officer has information that suggests that income has escaped assessment. Further, by virtue of first proviso to section 149 of the Act, the Assessment years that could not have been… (read more)