Answers On Category: Income-Tax
  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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  Sec. 153C
Assessee is an individual and purchase flat with Builder in FY 2017-18 On the basis of  search conducted at Builder on  2018-19 and loose papers found with him as well as his acceptance in settlement Commission about receipt of ON money,  assessee has received Notice U/sec 153C . Noting on Loose papers seized is Surname of Assessee and some calculation of amount and interest . It does not have any date or signature or the place. Can assessee raise the objection on issuance of Notice U/sec 153 C on following grounds: 1. It is dumb paper 2. There could be…


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  Question on section 80IBA
Dear Sir/Madam, we have a question on applicability of section 80IBA. in case if assessee maintains cost center wise books of accounts for all the projects in a single accounting software. will it meet the requirement of separate books of accounts as mentioned in section 80IBA?


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  may I show the total no. of appeal filed by the department
may I show the total no. of appeal filed by the department


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