Answers On Category: Income-Tax
  LLP income tax
In a LLP partners capital is at Rs 10 lacs and reserves and surplus are of Rs 100 lacs. on dissolution of partnership, partners will get 110 lacs . whether 100 lacs received on dissolution is taxable in the hands of partner. note reserves and surplus created from share premium account , and stand as reserves in LLP on conversion from company to LLP


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  remand report
Can AO file second appeal before ITAT  against order of CIT[A] 1] when his predecessor accepted in remand report that correct quantum of addition was below low tax effect & 2] and CIT [a] deleted addition on merits ?


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  refund under Vivad se viswas Tax 2020
What is the remedy for non payment of refunds under  VSVT , 2020 ? Is it liable to any compensatory interest ?


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  HUF
1] can partition of HUF be unequal /only in favour of 1 member ? 2] Can  Karta's wife claim rights in 2 HUF , viz, huf of  father and huf of  husband ? 3] IS order u/s 171  mandatory for partition of HUF ? 4] Is it possible to allot assets to coparceners individually  instead of huf of each coparceners ? 5] How many generations Any HUF can continue ?


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  45[4] etc
Even after amendments , if a retiring partners takes only capital balance in his account , what will be impact on taxation of firm/partner of reconstitution caused by retirement ? Will it amount to relinquishment of rights in FMV of properties to new partners at Zero value ?


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  DOCUMENT FOUND DURING INCOME TAX SEARCH WHICH IS NOT ACCEPTED BY ASSEESEE
DURING THE COURSE OF SEARCH AT ASSESSEE'S PREMISE (LET SAY ABC PVT LTD BEING A JEWELLER), CERTAIN INFORMATION WAS EXTRACTED FROM COMPUTER/HARDISK SEIZED WHEREIN IT WAS MENTIONED IN EXCEL FILE  - DETAILS OF OTHER PERSON (SAY XYZ), HIS ADDRESS, DATE OF CASH RECEIPT FROM XYZ FOR PURCHASE OF JEWELRY. IT WAS A EXCEL DOCUMENT AND DID NOT CONTAIN ANY SIGNATURE. 2. CONSIDERING THE ABOVE EXCEL FILE EXTRACTED AS INCRIMINATING MATERIAL PERTAINING TO OTHER PERSON (XYZ), ASSESSMENT PROCEEDINGS U/S 153(C) WERE UNDERTAKEN OF XYZ. XYZ HAD CLEARLY DENIED SUCH INFORMATION AND TAKEN STAND THAT HE HAS NOT PURCHASED ANY SUCH JEWELRY…


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  Section 148A and 132 of Income Tax Act
In case of search conducted after 01.04.2021, whether procedure prescribed u/s 148A is to be followed for the preceding 10 A.Y from the end of the previous year in which search took place. Whether assessee can ask for the reasons for re-opening and copy of approval of the prescribed authority? Whether assessee can the notice on the ground that before issuing notices u/s 148A, AO must fulfil the condition as prescribed in section 149(1)(b) of the Act?


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  Section 148A of Income Tax Act
Survey u/s 133A took place at the premises of builder on 19.03.2019, wherein a diary containing details of on-money received by the said builder was found. On the basis of noting on the said diary, the assessments were completed in the hands of the builder for A.Y 2013-14 to A.Y 2017-18, wherein the additions about the on-money were made. The additions made by the AO were confirmed by the CIT(A) as well as the Tribunal. AO relying upon an explanation 1(v) to section 148,  has issued notice u/s 148A to the purchasers of the flats/shops from the builder on the…


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  Section 148A of Income Tax Act
Assessee is a developer and builder. Search took place on 10.08.2021 and noting about receipt of unrecorded sale consideration of Rs. 25,00,000/- for A.Y 2018-19, Rs.15,00,000/- for A.Y 2017-18 and Rs.75,00,000/- for A.Y 2016-17 was found on the loose paper. AO issued notice u/s 148A on 19.03.2022 for all these three years giving time to respond within 7 days. The assessee requested for extension of time and the AO has given time upto 31.03.2022. The assessee has submitted a detailed reply and after considering the said reply AO passed order u/s 148A(d) on 07.04.2022 and the notice u/s 148 was…


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  Section 148A of Income Tax Act
a) Notice u/s 148A(b) is issued giving only four days time to respond. Can this notice be challenged directly in Writ before High Court? b) Assuming that assessee has filed response within 4 days without raising an objection about getting less than 7 days to respond, whether this notice still can be challenged before High Court by filing Writ Petition ? c) An order u/s 148A(d) of the Act is passed after one month from the end of the month in which time allowed to furnish reply as per clause (b) expired. Is this order is legal and valid? d)…


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