Answers On Category: Income-Tax
  Rule 11UA – liability not provided in Books
Assessee is  pvt limited co . One of the share holder is interested in purchase of shares of another share holder. Whether he can purchase the shares at the  face value? Or at the price ignoring the market vlaue of rights in immovable property? Whether valuation report as per Rule. 11UA is mandatory? Whether liability  which may require for the claim on the rights in immovable property can be consider while working of value of share  can be consider  even if not recorded in books of accounts ? pl guide .


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  Validity of Notice u/s 148A
A notice calling for information u/s 148A of the Income Tax Act, 1961 is issued on 17.03.2022 giving time to respond by 23.03.2022. The Act provides for notice of minimum 7 days and maximum 30 days. Please advise whether the notice mentioned above is valid in law as it included both the days i.e. date of issue and date of compliance while computing 7 days time. Kindly also advise whether the assessee should comply to the notice by 23.03.2022 and submit details or should challenge teh validity of the notice. Thanks


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  Proceedings U/Sec. 263 in case of search assessment
Assessee is company.  Consequent to search proceedings U/SEc. 132 of the Act  in the Year 2015-16, assessee co filed the Returns of income in response in response to Notice U/SEc. 153A for A.Y. 2010-11 to 2016-17. Assessment U/SEc. 153A r.w.s. 143(3) were completed on 28.12.2017 as per the income disclosed in the Return as no incriminating material was found. Thereafter Audit objection was received by the assessee co for A.Y. 2013-14, where the diffrence in sale as per assessment order  and audit report under MVAT act was pointed out. The department has issued Notice U/Sec. 154 on 22.05.2018, to which…


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  56(2)(10) in case of Buy back of shares
In Vora Financial Services Pvt Ltd Vs ACIT (ITAT Mumbai) at para no 32 observed as under: Accordingly we are of the view that the provision of section 56(2)(viia) should be applicable only in the case of where the receipt of share becomes property in the hands of recipient and the shares shall become property of the receipt only it is is shares of any other company, In the instant case the assesses herein has purchased its own shares under the buy back scheme and same has been extinguished by reducing the capital and hence the test of becoming property…


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  Applicability of section 115JC of Income Tax Act
Assessee is a partnership firm engaged in the business of developing of housing project eligible for deduction u/s 80IB(10) of the Act.  They have developed the project which is commenced as per Commencement Certificate received in April,2007 and the project is completed as per completion certificate dated 31.03.2012. In the A.Y 2013-14, assessee earned net profit of Rs. 2.5 crores. As  per the advice of the Tax Consultant, assessee firm has paid the AMT u/s 115JC on this profit as same is eligible for deduction u/s 80IB(10) of the Act. However, while uploading the return could not upload Form 10CCB…


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  Jurisdiction for filling an appeal before ITAT
Assessee is partnership firm. Assessment was completed by the Addl. CIT, Mumbai. Assessee has filed an appeal before CIT A Mumbai, who has decided an appeal and deleted some addition and on some issues partly allowed an appeal . Assessee has filed an appeal against the said order of CIT A , before the ITAT Mumbai. Meanwhile assessee has shifted his office to Pune . Department has filed an appeal against the order of the CIT A on the issues where CIT has given full relief as well as part relief before the ITAT pune as the now filed is…


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  Return in response to notice u/s 148
Sir, In response to notice u/s 148 issued after 01/04/2021,  reply by way of objection to re opening  without following the due procedure prescribed  quoting Delhi, Chennai High court decisions  and also  , filing of return without prejudice to objection,  in response can be done simultaneously?  pl advice. what is the due date for completion of re assessment in cases where notice is issued after 01/04/2021. Kindly enlighten.


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  INDEXATION BENEFIT_CAPITAL GAIN
Tenanted Flat in the name of Grand Father Cost of Acquisition: Not Known Grand Father Expired in the Year 1972 Permanent Alternate Accommodation Agreement (PAAA) Between My Father (Only Legal Heir) and Land Owner cum Developer registered on 26.12.2013 Value of the flat as per Stamp duty Authority as on 26.12.2013  was Rs. 12.86 Lakhs Condition in PAAA: Tenancy Will Surrender only on receipt of possession New flat on Ownership Basis My Father Expired on : 07.01.2018 Full OC received on  : 25.03.2021 Possession of new flat on ownership basis handed over to Legal Heirs on 26.05.2021 New flat sold …


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  Assessment proceedings
When Writ petition in High Court, can assessment proceedings completed?


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  Section 50C
Is it the section 50C applicable in the case of Tenanted properties.


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