Answers On Category: Income-Tax
  Applicablity of Section 56(2)(vii)(b) on purchase of rural agricultural land -A.Y.2014-15
Rural agricultural land purchased as per documents at Rs. 9,00,000/- and DLC rate was 37,00,000/- (Local stamp duty rate). AO made addition of this difference u/s 56(2)(vii)(b). whether AO's action is correct when rutal agricultural agricultural land is not subject to capital gain in thehands of saller. Kindly quote case laws on the subject. Smilar situation is in the A.Y. 2015-16,2016-17 and 2017-18. Kinly guide.


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  Exemption of Leave Salary Encashment received by Govt. and Non-Govt Employees.
In the case of non-government employees, the exemption under section 10(10AA)(ii) is to be  determined with reference to the leave to their credit at the time of retirement on superannuation, or otherwise, subject to a maximum of cash equivalent of leave salary of ten months' leave calculated on the basis of average salary drawn during the 10 months immediately preceding his retirement. The entitlement of earned leave cannot exceed 30 days for every year of actual service rendered. This exemption  is to be further limited to the maximum amount specified by the Government of India. The maximum limit of exemption…


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  Reassessment proceedings under Section 148 of Income Tax Act
Can CBDT override the delegated legislation? Can notice be issued under Section 148 according to the old regime, despite the new regime?


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  Direct Tax Vivad se Viswas Act.
Assessee has filed declaration under DVSVS Act  , and out of total tax payable under the scheme, paid substantial amount before 30.09.2021. Whether assessee has to pay additional tax @10% on gross tax payable under the scheme or on the net amount payable after deducting the amount paid before 30.09.2021. PCIT has considered additional tax @ 10% on the gross amount payable under DTVsVAct.  Please guide


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  credit of payment of taxes under IDS to declaration under DTVSVS
The assessee  is an individual and derives income from the business promoter builder. The assessee has disclosed an income of Rs.15,50,000/- under the Income Declaration Scheme (IDS) 2016. The assessee has paid two installments under IDS -2016. However, assesse has not paid the third installment of tax on such declared income under IDS, 2016 due to reasons beyond his control. The total amount paid under IDS was 3,48,752/- The assessment for the year under consideration was reopened u/s 147 of the Act by issue of notice u/s 148 of the Act dt 30.03.2018 and duly served to the assessee. AO…


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  can the amount deposited in the account of wife on selling of land can be considered as gift under section 56(2)(vii), to the relative without any gift deed.
Can the amount deposited in the account of wife on selling of land can be considered as gift under section 56(2)(vii), to the relative without any gift deed.  


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  filing of form for getting approval u/s 35
Sir, A company regd under sec 8 of the Companies Act, doing statistical  research wants to apply u/s 35(1)(iii) of Income Tax Act. Prescribed form for getting approval be adviced.  whether it can be applied for the year 2020-21. condonation is required,  kindly advice.


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  Jurisdiction of sec 153C
Panchanamma and other related documents like seizure, inventory in the name of the assessee. Is AO correct if he invokes 153C when separate oath statement has been taken at the time of search seeking all clarifications about records and documents found in the name of the assessee himself


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  IDS- 2016 and Credit of Advance tax
Assessee firm has filed a declaration under IDS where in they have disclosed for AY 2015-16: Rs. 9,82,24,010/- as Business Income and For AY 2016-17: Rs. 1,15,04,953/- as Business Income. In the said declaration the assessee firm claimed the credit for the Advance Tax and TDS for both the assessment year. However CIT has denied the credit for the said payment on the ground that it is not permissible to give credit of advance tax in IDS. On the basis of this information the AO issued Notice U/Sec.148  for A.Y. 2017-18, on the ground of Invalid declaration due to non payment…


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  NON RECIEPT OF FORM 5
I am the legal heir for my dad and dealing with an IT notice for AY 2012-13. I opted for VSV scheme and paid the full amount of tax on NOVEMBER 06,2020. I   am yet to receive form  5 from the authorities. But I have so far I have been served three notices of faceless assessments as well as summons for First appeal proceedings Also the case was supposed to be time barred on 30th september 2021. now suddenly. the date has shifted to 31st march 2022.  I have not received any  communication (sms/mail/notification  on my account) for the same.…


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