Answers On Category: Income-Tax
  Long term Capital Gains from sale of flat – whether brought forward long term capital loss to be setoff before deduction u/s.54EC
An assessee has earned long term capital gain on sale of his share of flat after determining the indexed cost.  He wishes to obtain exemption for the gain by investing in bonds u/s.54EC.  He also has brought forward long term capital loss which he would to set off against future gains on sale of shares.  Whether the long term capital gain on sale of flat has to be determined by first deducting the brought forward loss and he can avail the benefit of Section 54EC only in respect of the balance income?


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  Income tax on Dividends received by Non-Residents
From Assessment Year 2021-22, dividends are liable to income tax in the hands of the recipient.  In case of residents the dividend received is taxed at the applicable tax slab rate. But it seems that in case of Non-Residents, the dividends received are to be taxed at the flat rate of 20% u/s.115A.  The correct position may please be confirmed.


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  CREDIT OF ADVANCE TAX PAID IN INCOME DECLARATION SCHEME-2016-Issue of reassessment notice u/s 148
CREDIT FOR ADVANCE TAX WAS TAKEN  FOR THE INCOME DECLARED UNDER THE INCOME DECLARATION SCHEME FORM WAS SUBMITTED ONLINE- CPC CREDIT WAS ALLOWED TO FORMS FILED PHYSICALLY BUT CPC HAS NOT TAKEN ANY ACTION   NOW 148 NOTICE IS ISSUED BY ITO WHAT COULD BE REMEDY


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  Whether decisions u/s 271(1)(c) will be applicable for penalty u/s 270A.
As per Bombay H.C. (Goa Bench)(Full Bench) in Mr. Mohd. Farhan A. Shaikh in T.A. M 51 & 57 of 2012 and many other decisions of ITAT, No penalty u/s 271(1)(c) is leviable if - In Notice u/s 271(1)(c) - Irrelevant part not strike off. In penalty notice u/s 270 A - under reporting of Income or misreporting of income not strike off. But in the body of assessment order initiation of penalty is for under- reporting of income. Query- Whether the aforesaid decision of Hon'able Bombay HC will be equally applicable in penalty u/s 270A ?


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  PURCHASES OF SHARES ACCEPTED U/S 143(3)/147 IN A.Y. 11-12 , LTCG ON SALE OF SUCH SHARES IN AY 15-16 DOUBTED BY AO BY ISSUE OF NOTICE U/S 148
During FY. 10-11 Assessee purchased certain shares through banking channels . The shares were transferred in the D-mat account and the same were reflected in the Balance sheet as on 31.03.11. Case for the issue was reopened u/s 148 notice dated 31.03.18 . On the basis of information of DDIT (Inv.). The assessee objected to 148 and also furnished the details as regards the source of investment and after considering the details furnished the AO was satisfied and the assessment was completed on returned income u/s 143(3)/147. The above referred shares were sold during F.Y. 14-15 (A.Y. 15-16) through stock…


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  Status of receipts whether as Karta of their respective HUF or Individual ?
Whether income derived from funds of HUF – Individual or family income ?


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  Penalty u/s 271(1)(b)
There is default u/s 271(1)(b) . The assessment was completed u/s 143(3). Apart from the reasonable cause for non appearing  legal ground in appeal is that since the assessment has been completed u/s 143(3) , penalty u/s 271 (1)(b) is not leviable.  Please give case laws of court/ITAT on the point.


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  Section 90(3). Rent income for immovable property situate in UK
- An Individual is tax resident in India, holding British Passport has been filing returns in India since past several years.He has immovable residential Property in UK which is let out. He is paying tax in UK on rent income .He has not offered rent income in India returns in the past. Is he required to declare rent income in India tax return? He is of the opinion that rent income  is not taxable in India because immovable property is situated in U.K. Please give your views. Also any other suggestion. Please cite case laws if any , supporting or…


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  Partition of HUF
1) Who all have to be the signatories to the partition deed? 2) Whether daughter in law and son in law have to be signatories? 3) Whether grand children through son/daughter have to be signatories? 4) Whether spouse of the grand children through son/daughter have to be signatories? 5) What is the position vis a vis the great grand children (children of grand children through son/daughter)? 6) What is the position if any of the signatories is a minor? 7) If possible, please share a draft deed of partition. Thanks in advance


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  Partion HUF u/s 171
Mr B is a coparsenor of bigger HUF ‘A HUF’. On earlier partial partion of A HUF in 1975 , Mr B HUF Consiting of himself , his wife Major son and married daughter is also assessed separately as B HUF .  B HUF has effected partition of its all assets and liabilities . Amongst coparceners and wife of B , will this partion of B HUF is complete partition u/s171 or still it will be treated as partial partition ?


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