Answers to queries on legal issues

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NON RECIEPT OF FORM 5
Subject: NON RECIEPT OF FORM 5
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Asked by: Varsha Ranade
Answered by:
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Date: October 29, 2021
Excerpt of answer:
Please write to the Designated Authority . I case if you don’t receive any response from the Designated Authority , you may send a letter to the Chairman CBDT . As regards the appeal pending before the Fist Appeal the assessee may file a letter stating that the assessee has filed the Declaration under VSV… (read more)
Non-cooperation by Assessee
Subject: Non-cooperation by Assessee
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Asked by: CA Chandravijay Shah
Answered by:
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Date: October 23, 2021
Excerpt of answer:
The Chartered Accountant must send a letter though registered AD to the concerned partnership form and copy of the said letter may be sent to all the partners . In case no response is received within a reasonable time , the Chartered Accountant has to request his lawyer to send the legal notice . In… (read more)
Retirement of Partners before amendment brought in Finance Act, 2021
Subject: Retirement of Partners before amendment brought in Finance Act, 2021
Category: 
Asked by: ruchi bhansali
Answered by:
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Date: October 22, 2021
Excerpt of answer:
As we understand, the 17 partners have exited the firm. Their accounts have been revalued and settled by cash. Section 9B of the Income-tax Act, 1961 (Act) is not applicable as there is no pay-out via Capital Asset or Stock-in-trade. The difference between the pay-out by the firm and the capital account before revaluation, would… (read more)
CHARGING OF INTEREST U/S 234B
Subject: CHARGING OF INTEREST U/S 234B
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Asked by: Ruchi Bhansali
Answered by:
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Date: October 21, 2021
Excerpt of answer:
Section 234B of the Income-tax Act, 1961 (Act) pertains to interest for defaults in payment of advance tax. As per section 234B(1) of the Act, interest is liable from the date of failure to pay to the date of assessment. Where the case of the assessee was set aside and remanded back to the Ld.… (read more)
Notice under sec 144 of IT Act (Best Judgment Assessement)
Subject: Notice under sec 144 of IT Act (Best Judgment Assessement)
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Asked by: jyothi
Answered by:
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Date: October 21, 2021
Excerpt of answer:
As per first proviso to section 144(1) of the Income-tax Act, 1961 (Act), the Ld. Assessing Officer (AO) ought to issue a Notice giving the assessee an opportunity to show-cause as to why the assessment should not be done on the best judgement basis. The same is also envisaged under section 144B (1)(xi) of the… (read more)
PAN omitted to be submitted to Company. Is it possible to set off the TDS at the time of filing my Income tax Return?
Subject: PAN omitted to be submitted to Company. Is it possible to set off the TDS at the time of filing my Income tax Return?
Category: 
Asked by: N K Sankar
Answered by:
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Date: October 20, 2021
Excerpt of answer:
As we understand, a higher rate of TDS has been deducted on non-filing of PAN. The deductee will be eligible to the credit of the TDS deducted in their return and cannot be denied the same. Further, yes, Dividend income should be included in the return of Income. (read more)
FILING OF APPEAL AGAINST CPC DEMAND
Subject: FILING OF APPEAL AGAINST CPC DEMAND
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Asked by: KARAN SHAH
Answered by:
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Date: October 20, 2021
Excerpt of answer:
It may be desirable to file an appeal against the demand on portal . The assessee may also file an application for rectification application to cancel the demand . If the rectification is done , the appeal can be withdrawn (read more)
Delay in exercising option as prescribed under 115BAA(5)
Subject: Delay in exercising option as prescribed under 115BAA(5)
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Asked by: Guruprasad
Answered by:
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Date: October 20, 2021
Excerpt of answer:
As we understand, the assessee could not file Form 10-IC on or before the due date. The said Form is a mandatory requirement for claiming the benefit of a lower rate of tax. The Hon’ble Bombay High Court in the case of Sitaldas K. Motwani vs DGIT [2010] 323 ITR 223 (Bom) (HC) held that… (read more)
Notice u/sec 153C of the Act and incriminating material
Subject: Notice u/sec 153C of the Act and incriminating material
Category: 
Asked by: Disha shah
Answered by:
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Date: October 20, 2021
Excerpt of answer:
The assessee may write to the Assessing Officer to furnish the copy of satisfaction note , copies of documents seized from the premises of builder statement of the builder and an opportunity for cross examination . If the said documents are not furnished the assessee may make an application under Right to Information Act, 2005… (read more)
WAIVER OF PENALTY U/S 270AA AND 273A
Subject: WAIVER OF PENALTY U/S 270AA AND 273A
Category: 
Asked by: CA KARAN SHAH
Answered by:
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Date: October 16, 2021
Excerpt of answer:
As per the provision of section 270AA , the pre-condition for Immunity from imposition of penalty under section 270A and initiation of proceedings under section 276C or section 276CC the assessee has to fulfil the following conditions :- -An assessee can make an application to the Assessing Officer for grant of immunity from imposition of… (read more)