Answers On Category: Income-Tax
  TAX AUDIT AND F AND O LOSS
Facts of the case: 1. Assessee is carrying on business of manufacturing paper bags and ROI is filed u/s 44AD till AY 20-21. 2. For AY 21-22 alongwith manufacturing activity he has also done Futures and Options transactions the summary is as below: Manufacturing Activity- Turnover Rs. 9.91 lk and Profit Rs. 1.59 lk F&O - Turnover Rs. 2.24 crore and Loss Rs. 3.12 lk Assessee has prepared separate P&L for both business and common balance sheet. Query: 1. Can assessee take the benefit of Proviso to Section 44AB(a) (As nothing in Cash for F&O business- criteria met. For manufacturing…


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  Tax on renunciation of right issue
Let's say one of the share holder, A (Non- resident), of ABC Pvt has renounced his right to subscribe to right issue to D (Non- resident). Would D attract provisions of sec 56(2)(x)? Also what would be the tax implication on A?


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  Validity of 153A notice
Search warrant is issued in the name of Mrs X and her son Y. Mrs X owns Flat no 1 in first floor and her son Mr Y owns Flat no 20 in 3rd floor. Only Flat no 1 is mentioned in the search warrant containing the names of Mrs X and Mr Y. This issue was not contested at the time of search Mr Y was not in the premises at the time of search, summons were issued only to Mrs X and not Mr Y. Now, 153A notices are issued to Mr Y also seeking him to file…


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  Taxability of Issue of right shares at par by the Private Limited Company
The assessee is a private limited company engaged in the business of manufacturing of machinery required for construction activity. The intrinsic value of its shares is Rs. 150/- (Face value Rs. 10/-). The FMV of the shares is Rs. 200/-. The company is issuing right shares to the existing shareholders at par i.e Rs. 10/- per share. What are the tax implications of this transaction under Income Tax Act as well as Companies Act? Please Guide


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  section 9B and amended section 45(4)
Finance Act 2021 has introduced new provision of taxation on transfer of capital asset or stock in trade on dissolution or reconstitution of Partnership Firm and AOP vide new section 9B and amended section 45(4), A conversion of a Partnership firm under Chapter XXI of the Companies  Act 2013 may not result into reconstitution of Firm or AOP. Hence above provisions may not attract ? This would mean that if self generated Gooldwill is bought into firms book by crediting partners capital acount and there after converting this firm into PVT LTD may not attract any tax ? Section 56(2)(10)…


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  Presumptive Taxation and additions
Assessee is individual and filling return regularly by offering income U/sec. 44AD . During the  course of assessment proceedings assesee submitted the summary of cash account and bank account deposits in bank account is less than the Turnover also submitted statement of affairs .Assessing Officer has added entire turnover as unexplained receipts u/sec. 69A of the Act on the ground that assessee has not given the evidence of items traded and proof of sales . Is  the action of AO is correct , he has not given any show cause Notice in this context.  Pl guide


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  Compulsory acquisition of non agricultural land
Dear Sir, A portion of my land which is non agricultural was acquired by the Govt.of Kerela for construction of a bridge in 2017. During this time they had verbally mentioned that this was tax free.  They gave me the compensation for the land acquired, but now I am being told that I have pay capital gain tax for this. Can i just ignore this and avoid paying tax for this compulsory acquisition of non agricultural land? This is really unfair that the govt. takes land forcefully from people and then we are forced to pay tax on compensation given…


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  Proceeding under section 154 after VSVS Scheme
Dear Experts I have filed VSVS 2020 scheme for AY 2017-18 and paid all dues, form-4 issued to me, now department ask 25 % surcharge on unexplained money since while preparing the computation of income the surcharge @ 25% not levied  and the agriculture income was not considered for rate purpose in computing the tax. A order under section 154/147/142(1) issued to me and demand under section 156 for tax with interest and penalty. I ask to experts that what remedy remain for me, can I challenge this order before Commissioner Appeal or since I have adopted VSVS 2020 then…


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  addition in 153C assessment
Assessee is an Individual engaged in the retail business and disclosing his income u/SEc. 44AD of the Income tax. Assessee has made the booking of flat with builder. On the basis of some noting on the loose paper found during the course of search with the builder and on the basis of his statement U/Sec. 132(4) about acceptance of On Money from flat holders, Notice U/Sec. 153C was served. Assessee filed returns for 6 A.Y. and asked for the copies of seized papers, statement of builder and opportunity of cross examination. However the opportunity of cross examination the builder does…


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  CA Form for deduction U/S 80IBA -Builders case
In case of Builders 100% deduction is allowable under section 80IBA. Is there any form  to be uploded duly certified by CA like form 10CCB? To the best of my knowledge no such form is prescibed. However in the faceless scrutiny the department is asking for above form


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