Answers On Category: Income-Tax
  FEMALE HUF KARTA
Can wife become karta in HUF in presence of her husband?


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  Addition on account of one time deposit for maintenance
Assessee is promoter and Developers. During the course of its business accepted the one time maintenance from the  unit purchaser and disclosed as deposit liability in the audited financial statement. on the completion of project the amount is handed  over to society or apartment .This policy and method has been followed by the assessee since last 10 years and also accepted in the assessment U/SEc. 143(3) of the Act.  Under the Service Tax Act as well as under GST Act this amount is accepted as deposit and no tax has been levied. Assessee submitted that it is not business receipts…


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  SEc. 68 and Cash deposit during demonetization by NBFC
Assessee is NBFC registered under Co Act as well as RBI. During the period of demonetization assessee co accepts cash in old currency amounting to Rs 1410000/- from the borrowers up to 14.11.2016 and from 15.11.2016 till 31.12.2016 amounting to Rs. 2010000/-. Ao has made addition U/sec. 68 on the ground that NBFC are not permitted to accept currency in Old Notes from any one and therefore the amount is unexplained cash credit to be added U/sec. 68, eventhough assessee co has given complete details of the persons from whom amount is received towards repayment of loan taken from NBFC. …


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  Prosecution proceedings for delay in payment of TDS
Assessee is charitable trust having object of Education . During the year due to financial difficulties could not make the payment of TDS in time , however before receiving any notice from the department paid the TDS along with the interest . Now PCIT has issued SCN U/SEc. 276B/276BB of the Act. Assessee trust has submitted detailed reply stating the reasons for delay . however the PCIT  has decided to initiate the prosecution proceedings . whether he is justified in law ? is there any remedy available ?  whether the assessee should filed the WP before the HC? pl guide


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  Cash Purchases U/sec. 40A(3)
Assessee is partnership firm engaged in ginning of cotton. It purchases cotton in cash from agriculturist through the Adatya claimed that it is payment to agriculturist and no disallwance be made u/sec. 40 A(3) of Act.  Agriculturist confirm this transcation and accepted that they have received payment in cash.  Ao has disallowed U/Sec  40 A(3) on the ground that it is not transcation between agriculturist and not covered by exception provided in Rules.  Is action of AO is legally justified


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  SECTION 36(1)(VA)
Is there any remedy for 36(1)(va), if appeal filed before checkmate judgement of supreme court.


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  Deemed Dividend
When lending company has deposited funds in a firm engaged in money lending activities for earning interest and such firm has advanced funds to substantial shareholders of lending company but such substantial shareholders have no control over the firm who has extended funds to substantial shareholders on interest, whether provisions of section 2(22)(e) could be invoked in the case of substantial shareholders even though there is no debit balance in the books of lending company to their account.


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  Vivad Se Vishwas
The assessee has paid tax arrears as determined by the Designated Authority and intimated via Form 3. However, the assessee failed to file Form 4. Till date he has not filed the Form 4. Is there any way to file the form now. Or what will be the consequence of not filing the form


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  BINDING NATURE OF SMC BENCH DECISION
In case of assessee, SMC bench has decided the issue of validity of reassessment relying upon the Division bench decision of another Tribunal . Case of the other family member is before the Division Bench having identical facts . Whether Decision of SMC bench by JM is binding on the division Bench . Pl guide .


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  AY 2024-25 Rate of Surcharge on income-tax
Will you please clarify for AY 2024-25 what is the Rate of Surcharge on income-tax on longterm capital gains of Rs. 130000 and what is the marginal relief ?


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