Answers On Category: Income-Tax
  penalty u/s 43
FA disclosed in audit, TP report etc but not in ITR return what defence and any case law ? is it rs 10 lac per entry ?        


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  Long Term Capital Loss on Equity
Whether the taxpayer has the option to apply indexation on long  term capital loss incurred on sale of listed equities?


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  AOP and FIRM
Firm take PAN under AOP status wrongly can file ITR under ITR 5 as Partnership firm and can claim the same benefit as partnership firm i.e tax rate of 30%


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  50C, Stamp valuation
IS 50C applicable to sale of a flat between relatives  below SDV ?


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  194R
Hotel bills zomato at MRP of food zomato pays  after receiving sums from patrons . However, difference varies as per type of credit card used by patron. Is 194R applicable on variable difference ? [commission to zomato is separately paid by hotel ].


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  applicability of section 9b or 45(4)
on reconstruction of a partner ship firm weather section 45(4) or section 9B is applicable when capital asset is transferred to a retiring partner


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  Time Limit for passing an order U/S 148A(d)
Assessee has received Notice for showing causes as to why order for reassessment should not be issued against the assessee dated 22 March 2023 The AO has passed order dated 25 March 2023 The provision read under provides time limit of 30 Days from the end of the month in which reply has been made Does the order passed becomes void-ab-initio as the month of Reply has not ended yet? or the Time limit given only provides an upper limit and not range of dates? Regards,


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  45[3]
Introduction  of a land  by a partner in AOP doing building work Is it eligible for 45[3] or not?


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  gift to nephews
a firm has 2 partners who are real brothers . They wish to gift a depreciated office of the  firm to first  son of third brother  and non depreciated building of the firm to another son of 3rd bro, firm has running business too for the existing partners . Any tax liability  any other section like 56 [2]/45 etc in the hands of firm, partners and  2 sons of 3rd brother ? can firm give gift as above ?    


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  Non- resident and section 144C
Non residents are now eligible assessee  u/s 144(15) for the purposes of draft order &  for approaching DRP  in case of adverse order. Whether same procedure would be warranted at the time of processing of return filed by Non Resident . Prima facie, answer is in affirmation as  there is nothing to suggest that section 144C  applies only to 143(3) / 144 assessment . (ii) if the case of non-resident is also a search case , how the direction of DRP and approval u/s 153D would reconcile


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