. Income-Tax – Page 3 – Digest of case laws

Answers On Category: Income-Tax
  SEc. 45(4) and 9 B
Assessee is partnership Firm enganged in the business of construction having 5 partners .  Two of the five partners retired from the firm as per deed of retirement executed on 1.04.2017. It was agreed that one partner will get cash and other partner will get 1/5 portion of land from firm by 31.03.2023.  accordingly they got the respective commitment as per retirement deed executed on 1.04.2017 in 31.03.2023. 1.what are implication of the above in the hands of firm as well as partners 2. whether it will make a difference if the said land is held as capital asset or…


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  sales vs 68
1]  whether advance against sales can be treated as cash credit u/s 68 ? 2]  whether sales amt itself can be treated as cash credit u/s 68 ? 3]whether sundry creditor can be treated as as cash credit u/s 68 ? 4] whether deposits fro dealers can be treated as as cash credit u/s 68 ? case law ?    


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  agricultural land
1] Is it necessary to have agri income to claim exemption from  capital gain tax  on sale of Agri land ? 2] Can it be contended that it was for self consumption? 3] IS book keeping and record keeping needed ? case laws / sections ?


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  Goodwill
pls analyse this order


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  RSU – Salary (Perq.) and Capital Gains (Loss)
Taxation of RSU (Sweat Equity) in the holding company granted 'free of cost' to employee of its Indian subsidiary  - Two stages / heads , - Salary - Perq. On Vesting, And; ‘Capital Gains ‘ On Sale of vested shares – In case , because of Recession ,the FMV taken for reckoning Perq. . Is less than the Price/FMV on Sale QUERY (Tax Planning) :  How best to make good for the resulting Tax Loss ?


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  56[2] vs partial partition HUF
giving of gifts by huf to relatives amounts to partial partition ? does it need order u/s 171 ?


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  section 55
How does amendment proposed to section  55 in Finance Bill 2023, affect Redevelopment of property by a Society/ Landlord/members individually ?


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  56[2] vs 64 ITAX
once property recd from relatives is exempt under the proviso to 56 , is it liable to clubbing u/s 64 for life time on notional/actual income of the same ?


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  tenancy ve landlord
Mr A transfers his tenancy right in one outside bldg and earns capital gain thereon . He now reinvests the same in acquiring tenancy rights from a tenant in another building where he is landlord himself Is he eligible u/s 5454F or any other section for exemption ?    


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  Sir could you please tell me how Withdraw appeal filed aganist an order to opt for vivid se vishvas scheme
Sir could you please tell me how Withdraw appeal filed aganist an order to opt for vivid se vishvas scheme


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