Answers On Category: Income-Tax
  Levy of Penalty U/SEc. 270A(9)
Assessee is an individual. Search U/Sec. 132 has been conducted on 4.11.2017.  Assessee has not filed the Return of Income for A.Y. 2017-18 U/SEc. 139(1), however the time limit for furnishing the Return was 31.03.2018. Meanwhile the assessee has received the Notice U/Sec. 153A and therefore the assessee has filed the Return of income for A.Y. 2017-18 in response to Notice U/SEc. 153A on 25.03.2018 disclosing the income at Rs. 4750000.00 which included income for LTCG and STCG. The assessing officer has completed the assessment U/SEc. 153A r.w.s 143(3) by making an addition of 675000.00 on account of diffidence between…


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  high court set aside the case of the assessee u/s 148A(d)
Against the order passed u/s 148A(d), assessee filed writ before Delhi High Court. Hon'ble Delhi high court allow the instant writ petition and set aside the order passed u/s 148A(d) of the Act. However the respondents i.e. department are granted liberty to initiate proceedings from the state of the notice dated .... u/s 148A(b) of the Act with due notice to the writ petitioner. In this case time limit for completion of case is 31.03.2014. Hence, my question is how to complete case afresh. what is new time barring date. when to pass order u/s 148A(d)


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  Ex-party 147 order 144
Good evening What is the course of action to undo the ex-party assessment u/s 147 rws 144 done by faceless assessment unit. After remand or set aside by CIT (A), where the jurisdiction will fall for reassessment? Ie., jurisdictional ITO or faceless unit. For stay of demand whether certain payment of 20% is mandatory in the first appeal. When the assessee has no fin capacity to pay , then what is the recourse. Is there any favorable possibility incase a. Business closed b. Issue is 6 years old record not readily available.   Regards to team of experts    …


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  Refund
I hv received a notice u/s 148 as the ITR has not been filed. My query is whether I can claim refund in the ITR.


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  Query regarding NGO Registration U/s 12AA/12AB
Respected All Members I had a query regarding NGO Registration U/s 12AA/12AB. A NGO has applied for provisional registration U/s 12AA by filing Form 10A in the F/Y 2021-2022. The NGO has been granted provisional Registration for 3 years (upto AY 2023-2024). However, the NGO has not applied for permanent registration till date. The NGO has already started the charitable activities from the F/Y 2021-2022 and has not applied for Permanent registration within 6 months from the date of start of charitable activities. Now, what is the remedy as the time period to file the permanent registration has expired? Please…


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  Addition on account of difference in receipts as per P & L Account vis-a-vis Form 26AS
Decisions for "the addition on account of short credit of receipts as per Form 26AS made by the AO for the purpose of computing the tax liability does not fall any of the items mentioned in clauses (a) to (j) of the Explanation. It is submitted that since no adjustment on account of short credit of receipts as per Form 26AS is to be made while computing the book profit u/s 115JB of the Act"


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  default u/s 271(1)(b)
There is default u/s 271(1)(b) . The assessment was completed u/s 147 r.w.s 144B. Apart from the reasonable cause for did not respond to the notices issued since the assessment has been ccompleted u/s 147 r.w.s 144B , penalty u/s 271 (1)(b) is not leviable.  Please give case laws of court/ITAT on the point.


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  capital gain, development agreement , society
THE CO-OPERATIVE SOCIETY ENTERED INTO DEVELOPMENT AGREEMENT WITH THE DEVLOPER IN FY 2014-15. THE SAID AGREEMENT REGISTERED IN FY 2014-15 AND STAMP DUTY DETERMINED VALUE AT RS.6.17 CR. BASED ON COST OF NEW CONSTRUCTION AND LEVIED STAMP DUTY. SOCIETY DID NOT RECEIVED ANYTHING FROM DEVELOPER. BUILDING MEMBERS VACATED IN 2017. DEVLOPER PAID HARDSHIP COMPENSATION TO EXISTING MEMBERS AND GAVE PERMANENT  ACCOMODATION TO MEMBERS IN THE YEAR 2021.  CAAN ITO TAX 6.17 CR. STAMP DUTY VALUE IHE HANDS OF SOCIETY IN FY 2014-15?  IN FACT EXISTING MEMBERS HAVE OFFERED CAPITAL GAIN TAX ON ACQUIRING OF NEW FLAT AND CLAIM EXEMPTION U/S.54.…


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  Return form capital gains – Sale of depreciable assets .
Sir,  my assessee has sold a depreciable asset which was held for more than 3 years, the resultant gain has to be assessed as LTCG as held in Smita Conducters  Ltd   v. Dy. CIT (2015) 152 ITD 417 (Mum.)(Trib.) and other judgements. However, it appears that the Form prescribed for filing the Income Tax Return does not permit the gain to be offered as a LTCG. If the gain is not shown as STCG, the Form will not validate and the return cannot be filed.   What is the remedy ? How to fil the return  form ?


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  cost of improvement in capital gains
Respected Sir, Recently we have sold a land by dividing into small plots which is part of capital asset in partnership firm.We filed the Income Tax Returns by showing this transaction as the long term capital gain and in this long term capital gain we  show the cost of improvement as the amount to equal to  30 cents of land value as the  road formation expenditure for road  formation. Is this type of cost of improvement is allowable under cost of improvement or not. Please clarify


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