Answers On Category: Income-Tax
  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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  Capital Gain
Firm with 2 partners A & B . A died on june 2020 B has taken C as a partner B & C has calculated the share of goodwill of A on the date of death. B and C decided to pay 50 lack in five years to the wife of deceased A whether the amendment made from 01/04/2020 is applicable in this case and any capital gain on this 50 lack is payable by the firm the goodwill amount calculated on death and paid to legal hair


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  ASSESSMENT U/SEC. 153A when no incriminating material found
Assessee is AOP engaged in the business of construction and developing of housing project . Assessee is consistently following project completion method for recognizing revenue . In this method , the assessee is offering the Revenue when the possession  of the unit is givne to buyer after obtaining completion certificate. During the course of search action nothing incriminating documents have been found . The Assessing Officer during the course of search recorded the statement of member of AOp and asked details of the project and about advances received from unit purchasers. On the basis of the details question was asked…


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  Notice u/s 148A issued on deceased person
the assessee has been served with notice u/s 148A to explain transaction of immovable property sale for AY 2018-19.  my queries are  whether his legal representative can objection to issue of notice u/s 148A similar to section 148 ? whether reply should be given on facts along with objection to issue of notice u/s 148A and ask not to issue notice u/s 148 ? How reply should be given - online reply by his  legal representative by adding himself as legal representative of his father or manual letter to jurisdictional AO? By all means, department will issue notice u/s 148…


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  AY 2020-21 time limit for Completion of assessment
I have not received the assessment order for AY 2020-21 till now(2.4.22). Is the date completion of assessment has been extended. Can you please share the relevant notification. Thanks


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  LTCG
Sold house involving LTCG - What are the must-to-d0 as the proceeds have been kept in parents' Savings & FD Bank Accounts; What would be the index from 2009 (purchase-deed) to 2021 (sale deed) ? For purchase, part investment was from Sister, who has now been paid with compensation for those 12 years - Eligible Interest on such borrowed money was never claimed in any of the Assessment Years from FY 2009-10 till FY 2020-21;


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  Disallowance of Bogus purchases
Assesee is pvt limited co engaged in the manufacturing of steel billets. Search action U/sec. 132 was conducted In the month of May 2021. Notice u/Sec. 148 dated 28.03.2021 for A.Y. 2017-18 on the basis of information of Sales tax department about purchases one party. Assessee could not upload the return on due to problem at site , also have evidence for that, as complaint also made. So ultimately on 1.03.2022, assesee has submitted return manually to consider the original return filed u/sec.139(1) as return in response to Notice u/Sec. 148. Then asked the reasons and took objections. AO passed…


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