Answers On Category: Income-Tax
  requirement of 15CA for Dividend to NRI Shareholders
whether 15 CA is required to be filed in case the dividend paid to NRI shareholders in Indian currency and in their Indian Bank account not foreign bank account? 15CA is required only for the payment made to foreign bank account in foreign currency?


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  Sec. 45(4)
Assessee is LLP engaged in the business of jewellery. The assessee has kept the non-moving items or the items which are displayed separately and the said stock is valued at cost in the year in which those were purchased. Out of the 5 partners, 3 partners have expressed their desire to retire from the LLP and continuing partners decided to admit 3 new partners in the LLP. The retiring partner will be paid an amount standing to their capital account as on the date of retirement i.e 30.09.2021. While working out the financials at the time of retirement, the non-…


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  IMPLICATION OF DIFFRENCE IN CERTIFICATE OF STOCK
Assessee is company engaged in the business of infrastructure development. The company is enjoying the credit facilities from the Bank against stock and debtors. on the basis of unaudited books of accounts the auditors of the company have provided the certificate about the Stock,  Debtors and Sale as on 31st march . Said certificate is given by generating UDIN on 11th April . After audit it is found that the amount of stock which was given to the Bank on 11 th April was incorrect was much less than actual stock.  The management and internal auditor has given the explanation…


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  SEc. 45(5A) of Income Tax Act
1. Section 45 (5 A) of Income tax Act 1961 would not apply where the assessee transfers his share in the project on or before the date of issue of the said certificate of completion. Issues : 1.Meaning of share in the project -Is it interest in the project or -Is it his share being land or building or -both in the project - Since Former would not require any specific identification whereas the latter requires the completion of building as well as specific identification 2.Does the proviso apply only when the share in the project is fully transferred or…


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  implication of conversion of Charitable trust in to Sec. 8 Co under companies Act
Assessee is charitable Trust under Bombay Public trust Act, having charitable objects in operation since last 15 years. Trust has immovable property as asset and also investment in Fixed deposits out of Funds created for specific purpose . The trustees have decided to convert the same in to Sec. 8 of the Companies Act, with Guarantee. a. whether there are any tax implication under Income tax Act 1961  on such conversion. b. whether any stamp duty is required to be paid.


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  Charitable Trust
Assessee is charitable trust having object of having Goshala, construction of Hostel for Girls, Meditation center and research center etc. and also constructed a temple in premises. The trust is having registration u/sec. 12AA and recognition u/Sec. 80 G of the Income Tax.  On the land own by the trust, it had developed a shopping complex and with the permission of Charity commissioner has decided to sale the shops for the purpose of using the funds for construction of cow sheds and meditation center as well as Bhojanshala etc. Till the time the sale proceeds from sale of shops are…


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  Difference between Stamp duty and Agreement value is about 5.3% AY 2020-21 being added to Income
In October 2019, the assessee bought a property at a FMV as stated in a valuation report by a CBDT empaneled valuation officer who is also a valuation officer for the Honourable High Court of Calcutta. In the valuation report, it was stated that the Stamp duty value of the property would be about 5.55% higher than the FMV of the property. The assessee proceeded with the agreement of sale on the basis of the valuation FMV in October 2019 and registered the property in March 2020. The Assessing officer now intends to include the difference in Stamp Duty value…


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  section 56(2)(X)(b)
Mr. G booked a flat in FY 2010-11 and made the payment of booking amount through banking channels. Total consideration to be paid for the flat was Rs.30 Lacs. The builder issued ‘Earnest Money Receipt’ for the same in FY 2010-11. Unregistered agreement was also entered into by the builder and Mr. G in F.Y. 2010-11. In F.Y. 2010-2011Mr. H real brother of Mr. G also transferred some amount from his bank account to Mr. G bank account  for making the payment to the builder. Subsequently sum of the installments were paid from joint account of Mr. G and Mr.…


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  Capital contribution in LLP
As per L&T agreement dated 18.09.2021 Mr. K Mrs. R (wife of Mr. K) and Mr. A became partners of the firms with capitals of Rs. 7 lacs. The ratio of capital contribution and profit sharing ratio was 60%, 20% and 20% respectively. The capital of 7 lacs upto 31.03.2022 was contributed by Mr. K and Mr. A. No capital was contributed by Mrs. R (wife of Mr. K). During F.Y. 2021-22 no business was carried on except purchase of land. In F.Y. 22-2.3 the % of capital contribution and profit sharing ratio was changed with stitulation that the capital…


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  Lumpsum Consideration on retirement from firm who is having debit balance U/Sec. 45(4) of income Tax Act
X is a partner in a firm along with other partners. Firm has some assets, properties etc. X has a debit balance in the firm of 10 lakhs . He leaves the firm With lump sum consideration 50 lakhs . Any tax implications for firm or partner?? The status of debit balance in the firm ??


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