Answers On Category: Income-Tax
  HUF partition benificery status
We are in the verge of partitioning our properties jointly owned under HUF. The Act says, that HUF partition will attract 0.35% Stamp Duty on the highest value of property under partition in HUF. This point is well accepted and agreed by the Registrar. However, Income Tax act says the Joint property when partitioned, will retain its status as HUF property, if received by a male member in the HUF. Hence, in HUF partition, male coparcener beneficiary of the property will be the coparcener HUF and not the coparcener individual. There are several High court and Supreme court judgements for the same. Same of them are: [CIT v.…


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  Whether ITAT has power to condone delay in filling MA. U/Sec 254(2)
1. Whether Tribunal has power to condone the delay in filling an MA U/sec 254(2) of the Act 2. ⁠whether date of passing order of Tribunal or date of receipt of order is to be consider for calculating period of six month U/Sec 254(2) 3. ⁠whether Supreem court decision passed later on the issue can be ground to file MA, against ITAT order which has allowed appeal by relying then order of jurisdictional HC  available at that time. pl guide


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  Tds u/s 194Q
Sir, Is tds under section 194q applicable in case of a buyer whose income is exempt u/s 11?


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  violation of Section 269ST
Let me explain by giving Exm.. Let say x ltd sold some goods to Y ltd amounting to INR 4 Lakhs. Y ltds pays 1.50 Lakhs via RTGS and for balance 2.5 Lakhs Y ltd deposit cash amounting to INR 2.5 Lakhs in bank account of Xltd. Now can AO content that, since Section 269ST allows Account payee check, bank draft or other mode via banking channels which does not include cash deposit directly into bank, this transaction is in violation of section 269 ST and can impose penalty on X ltd. Kindly provide your answer along with proper reference…


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  Delay in filing Form 10IE and ITR
Any remedy for condonation of delay in filing form 10IE and return after due date. Any case laws available on this issue.


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  New provision u/s 43(B) regarding payment to spplier of Goods & Servies regstered under MSME Act, 2006
If a person filing ITR under presumtive taxation receives goods & services from registered entity under MSME Act and defaults in making the payment u/s 43B of I.T. Act, 1961 whether legally consequences of default in payment as per Sec 43B will be applicable? Since sections of presumtive taxation starts with "Notwithstanding anything to contrary contained in Sections 28 to 43C..." Section 43B starts with "Not withstanding anything contained in any other provision of this Acr..." My point is provisions of Section 44 comes subsequently to 43B but non obstantive clause in Sec. 43B appears to have wider coverage so…


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  Immunity form
Respected sir Myself Ankalkote Siddheshwar tax consultant from latur Maharashtra wants to convey you where Got immunity form ? Wants to request you kindly provide immunity form format


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  ISSUANCE OF NOTICE U/S 143(2) AFTER ISSUANCE OF SHOW CAUSE UNDER 144B(xii)(b)
THERE ARE 3 ASPECTS IN A CASE WHICH NEED CLARIFICATION - CAN AO ISSUE NOTICE U/S. 143(2) AND NOT ATTACH THE REASONS FOR REOPENING EVEN THOUGH IT IS MENTIONED IN THE NOTICE. AND AS AN AFTER THOUGHT SEND A NOTICE U/S. 142(1) WITH THE REASONS. CAN THAT MAKE THE NOTICE U/S. 143(2) INVALID AND WITHOUT APPLICATION OF MIND. SHOW CAUSE SENT ON SATURDAY NIGHT AT 9PM WITH A DUE DATE ON SUNDAY AND SUBMISSION BUTTON DISENGAGED ON MONDAY AND FINAL ASSESSMENT ORDER PASSED BY AFTERNOON OF MONDAY..... WONT THIS QUALIFY AS BEING AGAINST PRINCIPLES OF NATURAL JUSTICE.


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  Cash deposit in saving bank account generated through business and business entity is also having current account
Assessee has made cash deposit in his saving bank account stating that cash was generated through business run by one of the family member. As the cash handling charges in the current account of business is too high and to avoid such charges, assessee is depositing cash generated from business entity into his saving bank account. Assessee has also submitted that the funds were transferred to current account of the business entity within a span of 1 or 2 days. AO has made addition U/sec. 68 on the ground that the amount is unexplained cash credit and to be added…


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