Answers On Category: Income-Tax
  Rectification of Orders Passed U/s 147 r.w.s. 144 read with Section 144B
The Assessment Unit of the Income Tax Department has passed order U/s 147 r.w.s. 144 read with Section 144B in respect of Assessment Year 2018-19 and the credit of Tax deducted at source (TDS) on Salary Income has not been given. As a result, Tax Payable has increased to the tune of TDS and thereby Interest U/s 234 A is charged on the total tax liability. One can go for appeal to CIT(Appeals) or apply for Revision U/s 264 but is rectification of the aforesaid order possible U/s 154.  


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  NON RESOPONSE TO NOTICE U/sec. 133(6) and claim of expenses
Assessee is partnership firm engaged in business of real estate development. The assesse firm had appointed few contracteors to carry out construction of the project. In support of its claim for expenses , asssssee firm had submitted confirmations from all parties, giving details such as name, address, PAN and detailed account extract of all the parties and also submitted that all the payments were Made through normal banking channels.  Ao issued Notices U/Sec. 133(6) to 6 parties, out that only one party responded even though the Notice U/sec 133(6) were duly served. However while completing the assessment AO had disallowed…


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  Penalty U/Sec. 271E on the basis of noting on seized papers
The assessee is a company wherein in the assessment completed u/s 143(3) of the Act for A.Y 2021-22, addition of Rs. 70,00,000/- was made u/s 68 of the Act on account of unaccounted cash loan repayments on the basis of noting on seize papers found during the course of search conducted in the year 2021-2022. The director of the company has accepted the above referred seize paper noting in his personal capacity. However, AO has made an addition of Rs. 70,00,000/- as undisclosed income in the hands of assessee company and similar addition has been made on the protective basis…


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  Disallowance of Purchases
Assessee is engaged in the business of manufacturing of steel pipes. The books of accounts are duly audited U/Sec. 44AB of the Act. quantitative record of finished goods as well as raw material consumption is maintained . Stock register for production as During the course of assessment proceedings for A.Y. 2020-21, Assessing officer has disallowed the purchases and made the addition to total income on following grounds 1. In respect of purchases of Rs. 1015000.00 from one supplier on the Ground that the assessee has not filed the Return of Income for the relevant year. 2. In respect of purchases…


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  Vishnu Moorthy
The Assessee wrongly quoted the TAN in her return for the financial year 2013-14.  Demand raised under sec 143-1 for the said financial year in Aug 2015.  Now only she notices the demand but eight years have already passed.  Now, she could not file any rectification or revision.  What is the way out?  Should she file the petition under sec 264?


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  Revision U/s 264 of Order Passed u/s 147 r.w.s 144
Dear Sir, Order passed by the Assessment Unit, Income Tax Department for AY 2018-19 and a Demand of Rs. 12 Lakh raised, notice of demand u/s 156 issued. Assessee is a retired employee and did not file his return for AY 2018-19. The assessee could not response to any notices issued by the Department till date as he is diagnosed with Cancer and his consultant did not inform him of the notices. My query is whether apart from revision of order u/s 264 or appeal before CIT(A), any other options available so that he can submit his responses and file…


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  Transfer pricing
when indian co buys services  from AE abroad  there are no other transactions to compare AE has not sold services  to 3rd party except indian counterpart   which method will justify ALP ?


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  Taxability / TDS on ‘FMV’ of RSU /ESOP , as perquisite, when vested
To ADMN. Regret that my query posted on the Topic, a few days ago, has thus far remained to elicit  an eminent ANSWER  from your inhouse EXPERT; will you please have it attended ! To Add: As per my  information, in US and HK, - may be , in certain other countries as well, - unlike in India,  there is no taxation of 'perquisite' - hence no TDS, by employer-company in the year in which RSU is vested. That is, unlike in India , RSU  attracts tax liability (CGT) only on its 'Sale ', in the year of sale  .


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  24(b)
Regarding the deduction available u/s 24b of Income Tax Act, Can a son who is the co-borrower of the loan taken for construction of house claim the deduction u/s 24(b). Please note that he is not the owner/co-owner but complete EMI is getting deducted from his bank savings account. His mother is the only owner of the property. Sec 24(b) applicable where the property has been acquired, constructed, repaired, renewed or reconstructed with borrowed capital, the amount of any interest payable on such capital: Please help on this issue. Thanks


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  Late return of income filed pursuant to time limit provided in the notice u/s 148
Notice under section 148 was issued on 22 March 2017 which mentioned that return of income needs to filed within 30 days. However ROI pursuant to notice under section 148 was filed on 15 December 2017 i.e., after the due date mentioned in 148 notice. Order was passed under section 143(3) read with section 147 of the Act. Is it still mandatory to issue notice under section 143(2) even if the ROI was filed beyond the time limit provided in notice under section 148?


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