Answers to queries on legal issues
Sec.68 and penny stock | |
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Subject: | Sec.68 and penny stock |
Category: | Income-Tax |
Asked by: | Manoj |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | cash credits, Penny stock, Penny Stocks, Section 68 |
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)
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Ltcg Section 112a- how to claim deduction, ie in which schedule | |
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Subject: | Ltcg Section 112a- how to claim deduction, ie in which schedule |
Category: | Income-Tax |
Asked by: | Ranjit Khosla |
Answered by: | Research Team |
Tags: | Capital Gains, Long term capital gains, section 112A |
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)
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CAPITAL GAINS | |
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Subject: | CAPITAL GAINS |
Category: | Income-Tax |
Asked by: | VIJAY SHAH |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | amount received from builder, Capital Gains |
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)
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LLP income tax | |
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Subject: | LLP income tax |
Category: | Income-Tax |
Asked by: | rajesh |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | dissolution of firm, Limited liability partnership, LLP |
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)
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remand report | |
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Subject: | remand report |
Category: | Income-Tax |
Asked by: | bs |
Answered by: | Dr .K. Shivaram Senior Advocate |
Tags: | appeal, monetary limit, Tribunal |
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)
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refund under Vivad se viswas Tax 2020 | |
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Subject: | refund under Vivad se viswas Tax 2020 |
Category: | Income-Tax |
Asked by: | BS |
Answered by: | Dr .K. Shivaram Senior Advocate |
Tags: | Interest, Refund, Vivad se Vishawas Scheme |
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)
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HUF | |
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Subject: | HUF |
Category: | Income-Tax |
Asked by: | bs |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | HUF, Partition |
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)
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45[4] etc | |
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Subject: | 45[4] etc |
Category: | Income-Tax |
Asked by: | BS |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | partnership firm, Retiring partner, valuation |
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)
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DOCUMENT FOUND DURING INCOME TAX SEARCH WHICH IS NOT ACCEPTED BY ASSEESEE | |
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Subject: | DOCUMENT FOUND DURING INCOME TAX SEARCH WHICH IS NOT ACCEPTED BY ASSEESEE |
Category: | Income-Tax |
Asked by: | KARAN |
Answered by: | Dr .K. Shivaram Senior Advocate |
Tags: | documents, Search and Seizure, search assessment |
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)
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Section 148A and 132 of Income Tax Act | |
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Subject: | Section 148A and 132 of Income Tax Act |
Category: | Income-Tax |
Asked by: | Manoj |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Reassessment, search, search assessment |
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)
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