Answers On Category: Income-Tax
  Whether assessment on the basis of notice issued by the Assessing Officer who had no jurisdiction is valid ?
Notice U/s 143(2) issued by ITO wd 20(3)(5), who has no territorial jurisdiction over the assessee for AY 2014-15, actual jurisdiction lies with ITO Wd 19(3)(5), an objection to that effect was filed within 30 days of issue of notice. However ITO 20(3)(5) asked for details time to time and assessee provided whatever the ITO asked for and an order was passed U/s 143(3) with an addition of Rs. 1 cr by disallowing LTCG on shares considering it as bogus.  Assessment was completed without removing objection filed by the assessee for jurisdiction. The assessee is in CIT (A), CIT (A)…


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  Whether the provisional Attachment under section 281B of Income- tax Act after completion of assessment ?
Sir, the IT deppt. had sent to the bank attachment notice of an assessee on february 2020. The assessee's appeal is pending and he has not paid 20% of the demand. He has filed for saty of demand but no reply has been submitted. In the mean time,6 months have elapsed and no extention letter has been sent to the bank for attachment. Can the bank account be released based on expiry of 6 months?


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  Whether one Charitable Trust give Donation to another charitable Trust ?
Dear Sir, One Charitable Trust with 12A and 80G registrations  would like to donate to another Charitable Trust 12A and 80G registrations. In the light of the new amendments, can this be done?.   If it can be done, any steps are precautions to be taken?


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  What would be taxability on waiver of loans in light of section 2(24)(viii). What will be taxability in case a private limited company waives its loan given to another private limited company. Will it be taxable u/s 56(2)(x) ?
what would be taxability on waiver of loans in light of section 2(24)(viii). What will be taxability in case a private limited company waives its loan given to another private limited company. Will it be taxable u/s 56(2)(x)


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  When cash receipts are added as cash credits , whether provision of section 269ST is applicable ?
If additions are made of more than Rs. 2 lakhs, under section 68 for cash credit or section 56 for gift received, whether section 269ST can also be applied by the AO and say there is violation of this section?


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  Whether deemed dividend provision is applicable when debentures are issued ?
When a private limited company makes an inter-corporate deposit with another sister company where a common shareholder holds more than 20% in both companies, whether provisions of deemed dividend u/s 2(22)(e) are applicable? What would be the implication of deemed dividend if debentures are issued by one company and subscribed by the other sister company?


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  Whether the investment in share capital market and transactions on regular basis , whether assessable as business income or capital gains?
If the person carrying the whole sale business of any product and, during the year of tax computation, if the same person invested the surplus money in share capital market where the transactions done in all format including cash segment, derivative segment and commodity segment on regular basis. So, how to treat the above transaction in books of account and how to make computation for the same.


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  Whether arbitrary Rejection of Form No – 1 filed under DTVSV Act, 2020 is justified ? , What is the remedy ?
Company filed the Form-1 with declaration on 25-12-2020 without payment of tax on reduction of losses or depreciation as per Rule 9 (1) (ii) of the DTVSV Act, 2020 with option to carry forward the reduced amount of loss or unabsorbed depreciation as per the provisions of said Act. Company received a notice dated 30-03-2021 {practically after 3 months and that too on last date of VSV Scheme} from Ld. Income Tax Authorities mentioning therein the figures of “Unabsorbed Losses” and “Unabsorbed Depreciations” as computed by them with direction to the Company to  revise the  figures of Form-1 as per their…


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  whether installation PE commences from the date of kick off meeting ?
Relevant tax treaty provides for 6 months duration for construction PE. Foreign company has undertaken a supply and installation project in India. After executing contract a kick off meeting was held to discuss the specifications of equipment to be supplied and installed. Q1 - whether installation PE commences from the date of kick off meeting ? After supply of one lot of equipment the installation had to be stopped as remaining supplies got delayed due to unavoidable reasons like shortage of material etc. After supply of remaining materials the installation resumed. Q2 - whether interim period during which installation was…


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