Answers On Category: Income-Tax
  whether installation PE commences from the date of kick off meeting ?
Relevant tax treaty provides for 6 months duration for construction PE. Foreign company has undertaken a supply and installation project in India. After executing contract a kick off meeting was held to discuss the specifications of equipment to be supplied and installed. Q1 - whether installation PE commences from the date of kick off meeting ? After supply of one lot of equipment the installation had to be stopped as remaining supplies got delayed due to unavoidable reasons like shortage of material etc. After supply of remaining materials the installation resumed. Q2 - whether interim period during which installation was…


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  Whether Charitable Trust registered under S.12A of the Act , which is engaged in the promotion of music organising online classes can receive the fees in Foreign Exchange ?
Whether a public charitable registered u/12A engaged in promotion of music by organizing online classes and conducting various programmers. It is not regd under FCRA. Whether it can receive money in foreign exchange from students abroad and also contribution for programmers from foreign rasikas to view the programmers online.


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  Whether the purchase of property belong to husband by the wife is eligible to exemption u/s 54F of the Act ?
THE WIFE EARNED LONG TERM CAPITAL GAIN ON SHARES. WHETHER SHE CAN PURCHASE HUSBAND HOUSE(EXCLUSIVE IN HIS NAME) TO AVIL THE BENEFITS OF ADJUSTMENT U/S 54F AGAINST LTCG.


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  Whether Agricultural income can be assessed as cash credits ?
Dear Sir, Assessee is an Agriculturist and has only Agricultural Income apart from that he does not have any source of income, can AO levy tax on the said Agricultural Income u/s 68 of the Act, if the assessee fails to produce Agricultural sale bills. Agricultural Income which was shown in the return of income is not deposited into bank account nor he purchased any assets he again utilized for agricultural purpose only.  


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  When a person desires of setting up a Private Trust where he is the sole beneficiary , whether provision of S. 56(2)(vii) is applicable ?
An individual holding OCI CARD is desirous of setting up a Trust in India and be the managing trustee and the beneficiary till he is alive . He is desirous of transferring his immovable property in India and also his income from abroad to the trust. Will there be any levy of tax u/s 56 (2)(vii) as the recipient is  a trust or there will be no tax as he is the transferor and also the beneficiary


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  Whether amendment in section 43B and Section 36(1)(va) are applicable retrospectively ?
Whether these amendments are applicable retospectively or from AY 2022-23 (more…)


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  While computing the capital gains Does subsequent registration of the documents have to adopt the higher value than the guideline value, for which the latest registration of the property executed?
Does subsequent registration  of the documents  have to adopt the higher value than the guideline value,  for which the latest registration of the property executed?


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  Whether the assessee can claim deduction u/s 80D in respect of medical premium payment ?
Myself (aged 58 years) is paying Mediclaim premium for my family (myself,wife and two daughters) and also paying Mediclaim for my parents (father aged 86 years and mother aged 81 years).  I  do claim the benefit under 80D for the premium paid for my family as well as parents. My father has an average yearly expenses of Rs 20000/ for Medicines on hypertension and my mother for some preventive medicines (recently had breast cancer surgery done). Can my father (who is a taxpayer with income marginally higher than Rs 5 Lakhs) claim deduction under 80D for the medical expenses ?…


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  Proviso to S.12A(2) is declaratory and will have and has retrospective effect [ S. 11]
Sir, my query is was the following judgement of Rajasthan High Court challenged by CIT in Supreme Court ? thanking you Siddharth CIT v. Shree Shyam Mandir Committee. (2018) 400 ITR 466 (Raj) (HC) S. 12A : Registration –Trust or institution- Appeal before CIT(A) is continuation of original assessment proceedings —.Proviso to S.12A(2) is declaratory and will have and has retrospective effect [ S. 11]


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  How to compute Capital gain on sale of non-banking asset sold by a Bank ?
URBAN COOP BANKS SOME TIMES ACQUIRE THE ASSETS (LAND/BUILDING) MORTGAGED TO THEM BY THE BORROWERS IN SATISFACTION OF THE LOAN OUTSTANDING. AFTER FOLLOWING DUE PROCESS OF PROCEDURE UNDER THE MAHARASHTRA COOP SOCIETIES ACT,1961 UNDER RULE 107, THE MORTGAGED ASSET IS TRANSFERRED IN THE BANKS NAME AT A VALUE AS PER THE VALUATION OF APPROVED BY THE REGISTRAR OF COOP SOCIETIES ,MAHARASHTRA STATE. IN THE PROCESS THE PROPERTY STANDS IN THE NAME OF THE BANK AND IS SHOWN AS NON-BANKING ASSET.RESERVE BANK ALSO ALLOWS SUCH NON-BANKING ASSET ON THE CONDITION THAT IT SHOULD BE DISPOSED WITH IN 7 YRS. TO GIVE…


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