Answers On Category: Income-Tax
  Applicability of Sec.115BBE
Assessee is partnership firm. DURING the course of Search  shortage in stock is found. Assssee has stated that though there is no reason for shortage,  as his maintaining stock record , however to avoid litigation partner agree that they will offer income on the value of shortage in stock in the return .  However AO is saying he is going to add entire amount of shortage and tax the same by resorting to sec. 115BBE at special rate. Is he is correct .


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  TDS on payment made outside India for settlement of dispute
ABC company of USA has filed civil law suit against XYZ company of India in the court of USA alleging breach of confidentiality and misappropriation of trade secret. Now both the parties have agreed mutually to fully settle the dispute, wherein XYZ company will pay sum of USD 250000 to ABC company, and ABC company will withdraw the case. Q1. whether such payment made by XYZ company will be deductible expense from business income? Q2. Under which section TDS  will be applicable and at what rate? Q3. under what expense head such payment should be booked in profit and loss…


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  S.45(4) and S.9B
There are three partners in a firm. The firm is having two residential properties having high market value compared to cost.  No depreciation has ever been claimed on the properties. The firm is carrying business of export and properties are shown as Investments in books of account. One of the partner who was having 80% share in the firm expires.  As per deed the share of the said partners goes to remaining partners only. What will be impact under S.45(4) and S.9B of the act. Whether firm will have to pay the tax since there will be reconstitution on account…


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  Is form 15CA and CB required for payment of Dividend credited in rupees in the NRE account in India to NRI
Public limited co making payment of Dividend to NRI share holder. This payment is credited to his NRE account in Indian Rupees. Whether in this situation Form 15 CA and CB is required. Does this amounts to remittance to NRI, even though payment is credited in bank account maintained in India.


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  Is certificate required to avail exemption on interest on home loan?
I work in a department of govt India. I have borrowed a housing loan and house construction completed. My office has rejected to give me any rebate on income tax and tax being continued to be debited from salary due to no completion certificate available. I read an article in news paper mentioning no certificate is required to avail the exemption on interest on home loan. Can you please guide me which law (section and sub sections) support this fact. You can refer to the link below https://economictimes.indiatimes.com/wealth/tax/mumbai-tax-tribunal-order-a-major-relief-for-home-buyers/articleshow/55128659.cms?from=mdr


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  Procedure for intimation to Registrar of Firms.
A partnership firm was with two partners between Father and Son. Assets of the firm consist of immovable n movable assets. Father expired on 20.08.2020. There is no other member in the family. How to comply the following 1. What deed is to be executed so that relevant form regarding dissolution of firm can be uploaded. 2. How to intimate this to GST authorities and get the number change 3. Will there be any Tax liability U/sec. 45(4) and 9 B of the Act. 4. How to inform Income Tax Authorities about dissolution of Partnership  


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  Refiling of appeal
Assessment order was completed u/s 144 of the Act by making an addition of Rs. 20,70,000/- along with demand notice raising demand of Rs. 1,03,62,001/-. In the computation sheet gross total income was considered at Rs. 82,80,000/-. An assessee filed an appeal against the said order before CIT(A). The assessee has also filed an application u/s 154 of the Act pointing the mistake apparent from record in the computation sheet enclosed along with the demand notice. The AO has passed order u/s 154 on 11.02.2020 and reduced the income by Rs. 62,10,000/- and raised the revised demand of Rs. 25,90,455/-.…


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  Vsv1 scheme
I received form 3 on 27 september 2021. Do I get 15 days time to pay from 27 september 2021 or 30 september is last date?


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  Sec. 45(4) and 9B of the Income Tax 1961
Assessee is partnership firm having 5 partners ,engaged in the business of construction. The firm has undertaken the construction of housing project. In the partnership deed, it is agreed by and between the partners that all partners will contribute the capital equally and their profit sharing is equal.  It  is also agreed  that in case capital contribution is not made equally, then the profit sharing which is decided as equal, will be change as per the capital contribution by executing the  fresh partnership deed. Accordingly partners have decided to execute the partnership deed and change the profit sharing ratio as…


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  Penalty proceedings – 270A
Sir, Are the penalty proceedings u/s 270A mandatory in nature? In every case where there is an addition made during assessment proceedings, will it result in initiation of penalty either by way of under reporting or mis reporting? Is the legal precedence established by the Hon'ble SC in various cases like that of Reliance Petro Products, Ashok Pai etc., no longer applicable?


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