Answers On Category: Income-Tax
  When a firm is converted in to Limited Liability partnership (LLP) whether exemption is provided u/s 56(2)(x) of the Act .?
An LLP is proposed to be converted into a Pvt. Ltd. company. The said conversion is exempt u/s 47(xiii) in the hands of the firm. However no separate exemption is provided u/s 56(2)(x). Therefore, despite the economic interest of the shareholder (being the erstwhile partner) remains same in the Pvt. Ltd. Co. vis-a-vis LLP, would the shareholder be taxed u/s 56(2)(x). The Fair Value of equity shares received by the shareholder (as derived u/r 11UA less balance in the partner's capital account could be bought to tax u/s 56(2)(x). Further, the new Company is merged with another company whereby the…


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  What is the Status of HUF after Karta Expires and only one coparcener wife ?
Status of HUF after karta expires. If there was only one coparsner, wife. What happens to S.O.D. limit taken in name of business firm where HUF wS proprietor.


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  Charitable Trust -Faceless Assessment –Accumulation of income – Failure to consider the submission, what is the remedy .?
We have submitted all documents for deduction as application including the bank statement.  The Fixed deposits made during 15-31st March shown as FDs in Balance sheet in respect of contributions received during 2nd week of March and claimed by filing necessary application for accumulation, the Officer misconstrued it as an application and treated the contribution as incoome and assessed the same.  The rectification Petition filed before Juridictional AO failed to appreciate the fact and simply rejected saying that the E-asst. officer has already considered.  What to do now ?  Of course we have already filed an appeal aleady.


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  Whether issue of Notice u/s.148 on the basis of information received from the Bank is valid ?
Client have  44AD income for A.Y. 14-15. Turnover declarared Rs. 35 Lakh in return. REason to believe stated as " Bank has given information that total Credit sum in Bank account is 56 Lakh and turnover declared is 35 lakh, difference remains to be unexplained ".   Question : 1. Whether above reason to believe is correct as given by AO. As the same is just took from AIR and given to us. and also same details was already available 6 years back, why not 143(2) was issued at that moment of time...so it is change of opinion just. kindly…


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  Whether Accumulation under section 11(2) for specific object is not mentioned in form No 10 whether exemption can be denied ?
One trust has filed form no 10 for accumulation under section 11(2) of act and objects has been mentioned for old age home, hospital and dispensary and school. So wanted to reject claim on the grounds that specific purpose has not been mentioned. Any ITAT chandigarh bench or punjab and haryana high court or supreme court decision. If available please share.


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  When the Turnover is Rs 70 lakhs whether Tax Audit required or Not?
FY 2020-21 Tournover 70 lakhs(Through Bank) Profit - 287000 Tax audit required ? If required then under which section?


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  Whether additions on account of seizure of gold coins in the course of search , which was received on the occasion of Silver Jubilee of marriage anniversary and levy of Penalty under section 271AAB(1)(B) is justified ?
There was search operation u/s132 and block assessment has been completed.During the Assessment Year 2019-20 the AO has levied a penalty u/s 271 AAB(1)(B) on count of bullion found and seized in the locker.The bullion so found and seized a gold coins which the assessee received during the golden jubilee of the Navrattan enterprise and another one at his super annuation from the Navrattan and two gold coins acquired by assessee and his wife during silver jubliee of marriage anniversay. All these facts were disclosed by assessee in the assessment proceedings. AO rejected the proposition made forward by us and…


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  Whether unequal partition of Hindu Undivided Family (HUF) property is permitted ?
DEED OF TOTAL PARTITION WAS REGISTERED AND STAMP DUTY AT TWO PERCENT WAS PAID. ONE COPARCENAR WAS GIVEN RESIDENTIAL HOUSE , THE MARKET VALUE WAS RS ONE CRORE. REMAINING FIVE COPARCENARS WERE GIVEN RS TEN THOUSAND EACH BY CASH AND OR CHEQUES. STAMP DUTY OF RS.ONE THOUSAND WAS PAID WITH REGISTRATION FEES.ALL PROPERTIES TOTALLY PARTITIONED. THIS IS UNEQUAL PARTITION . IS IT PERMITTED. PLEASE REPLY WITH CASE LAWS .


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  How to compute Capital gains on bankruptcy of a company ?
"Transfer”, in relation to a capital asset, includes: (i) Sale, exchange or relinquishment of the asset; (ii) Extinguishment of any rights in relation to a capital asset; (iii) Compulsory acquisition of an asset; (iv) Conversion of capital asset into stock-in-trade; (v) Maturity or redemption of a zero coupon bond; (vi) Allowing possession of immovable properties to the buyer in part performance of the contract; (vii) Any transaction which has the effect of transferring an (or enabling the enjoyment of) immovable property; or (viii) Disposing of or parting with an asset or any interest therein or creating any interest in any…


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  When an order is passed u/s.153A, can it be revised by PCIT u/s.263 of the Act ?
once order is passed u/s 153A/C , can it be revised by PCIT u/s 263 ?


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