Whether extension of time granted by Supreme court is also applicable on Revision petition u/s 264 of Income Tax Act.
► Read Answer
Assessee is LLP engaged in the business of real estate in Maharashtra . The LLP is owner of the land having book value of 10 Cr and said land is shown as stock in trade . Assessee and other 3 parties have decided to form a partnership for development of project on the said land. Assessee will introduced the said land as capital contribution for it book value. Issues : 1. Whether there are any stamp duty implication for introducing the said land at book value as capital contribution in the Firm 2. Whether provisions of SEc. 43CA and Sec.…
► Read Answer
I left my organization Saxo Bank, Gurgaon, Haryana back in June 2021, and they deducted 1.9 L as Notice Period recovery and settled everything in Full and Final Settlement in which I paid them the left over recovery amount. Last month's salary was not paid, and while I was serving the Notice Period, I paid them the projected Notice Period recovery. In the final F-16 I recieved from them they've kept the whole 1.9L as a taxable income, I asked them to correct it. And they asked me to claim it in ITR. When I claim it in the ITR,…
► Read Answer
Assessee received order u/s 148A(d) for A. Y. 2013-14 and 2014-15 of the Act within the time limit of 30 days from the date of reply given. However, in the said reply, the AO has not considered the detailed objections raised by the the assessee and also not provided all the information and documents relied upon as required by the decision of Hon’ble Court in the case of Ashish Agarwal, tough it is mentioned that same has been provided to the assessee. In the order u/s 148A(d) of the Act, the AO has stated that assessee’s request for copies of…
► Read Answer
Abcd solutions sdn bhd (ABCD) registered, incorporated and resident in Malaysia. The shareholders comprising of 4 individuals ( 3 malaysian residents and 1 Indian residents). 3 malaysian residents are also the directors of the company. Xyz the indian reaident shareholder based in India represents the company in meetings with suppliers in India. However the business decisions are made in Malaysia (by the 3 directors) ABCD does not have any employees or place of business in India. ABCD derives 100% commission income from India. Q1 - Based on above facts, does Xyz presence in India create a PE risk in India?…
► Read Answer
A battalion of Special Armed Forces has been given a licence to operate a petroleum outlet. It has obtained PAN in the Government category (4th character of PAN is 'G') and then also got GSTIN. My query is whether the said battalion of SAF is required to get its account in relation to its petroleum outlet audited u/s 44AB of the Income Tax Act and whether it is liable to file its return of income in respect of its petrol pump. If the answer is in affirmative, then which ITR will be applicable, and what would be the status and…
► Read Answer
There is a Partnership Firm having three partners.The Net worth of the Firm is Rs. 100 Crores (considering Market value of Goodwill and Immovable Properties-whereas Net worth as per Books of Accounts is Rs. 50 Crores) as on 31-03-2022. A new Partner is admitted in the Firm on 1-4-2022 and he is given 25% Share of Profit in the Firm whereas existing partners Share is reduced. New Partner contributes Rs 25 Lacs in Firm as his Capital Contribution.Existing Partners are not given any Stock nor any Immovable Property nor any money over and above the balances appearing in their capital…
► Read Answer
Assessee had land in dholera. Dholera has population of 2500 peoples. There is no town within 20 kms from dholera (land of assessee) having a having population more than 10000. The government has recently recognized dholera as residential zone and passed town planning. Q - whether the land of assessee will be considered as agriculture land as population of dholera is less than 10000 and whether sale of said land will be taxable? Q - Or whether due to the status of land being residential zone and under town planning, the sale of given land will be taxable Q -…
► Read Answer
Mr.A 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.68Lacs. The builder issued 'Earnest Money Receipt' for the same in FY 2010-11 .Subsequently the installments were paid from time to time by Mr.A.Some of the installments were also paid by his real brother Mr.B.The installments paid by Mr.B is also mentioned in the audited accounts maintained by him. In the sales customer ledger issued by the builder for FY 2010-11 to 2019-20 the name of Mr.B has also been mentioned as co-applicant along…
► Read Answer
Assessee is an individual AND received gift of Rs. 10 lakhs in A. Y. 2020-21. ASSESSEE has claimed it is not taxable as it is received from step brother. However AO is not accepting contention of appellant on the ground that step brother or sister is not covered in the definition of Relative under Income tax Act and therefore he has made an addition in the hands of assessee with mentioning any section. Is action of AO is correct and justified in Law. Whether assessee has case to fight in an appeal. Pl guide
► Read Answer
Extension of time due to covid by s.c.