Answers On Category: Income-Tax
  LEAVE ENCASHMENT EXEMPTION APPLICABILITY LIMIT OF RS 2500000 IS APPLICABLE IN ALL THE CASES
Leave encashment benefits received by the salaried class at retirement, whose limit has been hiked from ₹3 lakh to ₹25 lakh in the Budget, will be tax-free in their hands under the new income tax regime even if they switch to it in the year of retirement, Revenue Secretary Sanjay Malhotra told. IS THIS FACILITIES ARE AVAILABLE ON ACCURAL BASIS OR PAYMENT BASIS, SUPPOSE A PERSON HAS BEEN RETAIRED FROM PSU SERVICE ON 31.10.2022 BUT HIS FINAL SETTLEMENT IS NOT YET DONE TILL TO DAY i.e. GRATUITY , LEAVE ENCASHMENT IS NOT YET PAID, MY QUESTION IS CAN HE AVAIL…


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  TAXABILITY OF CAPITAL GAINS ARISING OUTSIDE INDIA
For assessment year 2023-24, a resident assessee, an individual,  has capital gains on sale of shares of companies registered in Singapore.  All investments were made by him when he was in Singapore in Singapore Dollars in 2014.  These shares were sold in financial year 2022-23 and proceeds were received in Singapore dollars in Singapore and were deposited in bank account in Singapore. Since for A Y 2023-24 he is a resident and ordinarily resident under Income tax Act, he is required to show capital gain/loss arising from the sale of those shares.  Queries are (a) whether the gains/losses can be…


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  VALIDITY OF ASSESSMENT PURSUANT TO NOTICE U/S. 148 ISSUED WITH SHORTER PERIOD
As per the amendment brought in by the Finance Act 2023 with effect from 1.4.2023 in Section 148 of the Income tax Act, notice for reassessment is required to be issued by the AO requiring the assessee to furnish within "a period of three months from the end of the month in which such notice is issued or such further period as may be allowed by the Assessing Officer on the basis of an application made in this regard by the assessee".  This means that the assessee is to be given not less than 3 months' time to file return in…


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  block of asset
when second asset enters a block of asset, is it necessary that both should be put to use for claiming deprecation  ? how far it contradicts basic criterion for claim of depreciation ?


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  mutuality
Is mutuality a right or duty for any club formed u/s 8 of Companies act? can any club say that we don't follow mutuality and simply doing business ?


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  Miscellaneous Application, Rectification of Mistake apparent from the record .
Hi, can you please let us know the timelinmit by which assessee can file a MA before the ITAT?


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  What is the Surcharge Rate for AOP whose all members have income above taxable limits and shares of the beneficiaries are determinate
Sir, i want to know the rate of surcharge applicable for AOP, whose all members have income above taxable limits and shares of the beneficiaries are determinate. The Taxable Income of the AOP is less than Rs 5 Crores for the AY 2022-23. All the members of AOP are Partnership Firms, their shares are determinate and all are having Income above the taxable limits. My Question is whether the applicable Surcharge will be 25% or 37% ?


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  Validity of notice u/s 148
Dear Sir, After Supreme Court judgment of Union of India vs. Ashish Aggarwal 439 ITR 1, assessee received notice u/s 148A(b), assessee filed reply and received order u/s 148A(d) alongwith notice u/s 148 for A.Y. 2013-14 on 22.07.2022. In the notice received u/s 148, four reasons were mentioned but none of them is ticked. As the notice does not specify the cause / reason in the notice, whether notice is valid or not. Copy of the notice is attached. Please clarify. Thanking You, Yours Sincerely, CA S.K. Goyal A.R.


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  Addition on the basis of noting found in search with customer
Assessee is pvt limited co engaged in business of manufacturing of engaged goods. Had supplied to a customer X . Search u/Sec. 132 carried out at X . During search digital in form of excel sheet was found n seized. On the basis of certain noting , CFO of X has agreed n given statement that X has pratice of recording 30% of material purchase from supplier in cash and not recorded in the books. On the basis of this admission CFo also stated that from assessee co X had effected transcation in cash of Rs. 3.5 Cr which is…


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  Society redevelopment
In case of society redevelopment , Builder pays to society members hardship compensation, rent, corpus amount etc. Is builder liable to deduct TDS under section 194IC ? In society redevelopment agreement , if Stamp duty value is more then the the consideration receivable  in kind the section 50D is attracted to society member. Similarly there would be any implication to Builder in such case under section 56(2)(10)


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