Answers On Category: Income-Tax
  Taxation and Tax Audit of Government entity
A battalion of reserve police force (RPF) has been allotted a petroleum retail outlet by Hindustan Petroleum Corporation Ltd. for sale of Petrol and Diesel. The battalion office has got its PAN under Government category with 4the character of PAN being 'G' and based on that PAN GSTIN has also been allotted. The petrol pump is selling Petrol and Diesel to public, other departments of state and central governments, and it has captive consumption as well. The sale during the FY 2021-22 which is the first year of operation is Rs.11.13 crores. Please advise on followings : 1. Whether Tax…


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  capital gain-goodwill
the answer by adv. Bahel is not clear. firm with 2 partners, one died. other partner paid goodwill to wife of deceased partner.rs 50 lakhs. whether this 50 lakhs are taxable, if taxable in whos hands in bcaj article it is stated that same is not taxable my view is same as money is not paid to partner this being new amendment various views are possible with different arguments so clear answer is expected


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  148 notice response
i made computation of income in a simple paper in response to notice u/s 148. ROI was not filed u/s 148. Whether computation of income is sufficient in place of return of income and valid. The AO has treated as income of the assessee as per computation of income. it is valid or invalid, please intimate


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  capital gain
reply by mr. Bekal is ambiguous. the question is " so dissolved firm due to death of one of two partners payment of 50 lakhs by remaining partner who will continue the business as proprietor or take some other as partner whether firm should pay tax on goodwill or otherwise one view in bcaj  says that payment to legal heir is not taxable issue being common views of many persons needed my view is it is not taxable as legal heir is not partner


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  148 notice response
i have not filed ROI u/s 148 but in a simple paper income declared. whether it is sufficient or not. please suggest with latest judgments


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  148A ORDER AY 18-19 ON 6/4/22
The assessee company recd 148A notice in March 2022.The assessee replied.Matter was of 25 lakhs. 148A order dated 6/4/22 came on 6/4/22.Notice u/s 148 also issued dated 6/4/22. Is it valid notice .148 notice is time barred on 31/3/22 for AY 18-19 of below 50 lakhs matter.Experts opinion awaited,What should be assessee next course of action.


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  CAPITAL GAIN
RESIDENTIAL FLAT WAS SOLD IN FY 2015-16 AND CAPITAL GAIN AMOUNT WAS INVESTED IN CAPITAL GAIN ACCOUNT SCHEME WITH NATIONALISED BANK HOWEVER THE AMOUNT COULD NOT BE UTILISED FOR PURCHASE OF NEW HOUSE AND BY OVERSIGHT AMOUNT REMAINED IN BANKUNDERCAPITAL GAIN ACCOUNT SCHEME TILL FY 2022-23 WHAT COULD BE TAX IMPACT IF CAPITAL GAIN ACCOUNT IS CLOSED WITH BANK IN FY 2022-23


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  Notice U/SEc. 148 issued after 31.03.2021 for A.Y. 2016-17
Assessee has received the Notice U/SEc, 147/148 after 31.03.2021 for A.Y. 2016-17 and assessee has also filed the ROI in response to same. In this respect assessee challenged the validity of the said notice on the ground that Explanation A(a)(ii) and Explanation A(b) to the Notifications dated 31st March, 2021 and 27th April, 2021 respectively issued under The Taxation and Other Laws (Relaxation of Certain Provisions) Act, 2020 are ultra vires to the said Relaxation Act, 2020. How ever AO has not responded to the same. After the decision of Hon’ble Bombay High Court in the case of Tata Communications…


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  SEc. 43CA and Tolerance limit
Assessee is partnership engaged in business of developing of Housing Project. In the A.Y. 2016-17 has offered the income as per sales consideration received however the A.O. has assessed the income by invoking the provisions of Sec. 43CA  and made the addition difference between the sale consideration and Stamp duty valuation. Also made reference to the DVO, his report came after the assessment and DVO also valued the  FMV of the units sold and now the difference between the sales and value as per DVO is less than 10% in all cases except 2 cases where the difference is about…


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  Assessment u/sec. 143(3)
During the course of assessment proceedings , for verification of Purchases called for information U/Sec. 133(6) from few parties at the flag end of assessment proceedings . Few parties responded and few not. Assessing Officer completed assessment by making addition of all purchases effected from these parties on the following grounds:: a. Parties have not responded therefore those are not genuine. b. Parties who have responded have not provided full information  and provided details of their PAN and Financials alongwith account extract of assessee and confirm the amount of purchases . Whether action  of Assessing Officer justified when a. He…


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