Answers On Category: Income-Tax
  Problem in filing 1st appeal of Income Tax in faceless Regime .
In spite of our best possible efforts to file 1st appeal of Income Tax in faceless Regime we are not able to upload Form 35 alongwith neccessary documents due to technical glitches on Income Tax Portal . Please suggest the remedy available.


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  Rejection of books of accounts and applying 8% on sale to compute Income and passed ex parte assessment oreder
Ld AO passed ex parte assessment order without considering the part reply filed by assessee by rejecting books of accounts alleging that assesee has not produced books of accounts by applying 8% rate on sale even the case was not time barred.


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  Whether the Tribunal can condone the delay of seven years in fling the miscellaneous application for restoration of appeal u/s 254 (2) of the Act ?
Appeal by I.T.A.T was dismissed due to 'Non-Prosecution' on 13/07/2015 since no adjournment application was filed nor anyone on behalf of appellant appeared on 13/07/2015. The Appellant is basically agriculturist . The advocate engaged for appeal before I.T.A.T had expired. Appellant came to know about Tribunal order recently. If M.A. is filed with Affidavit explaining the above facts and application for condonation of delay, what is the possibilities of accepting the same, keeping in mind the delay of 7 years and particularly provision of Section 254(2) . Kindly give case laws.


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  Return in response to notice u/s 148 , 147 , whether agreed addition to be included
Sir, The  assessment completed u/s 143(3) with agreed additions was re opened u/s 147 , while filing return in response to notice u/s 148, whether agreed additions made to returned income , to be included in  taxable income ? If so,  whether revised  financial statements incorporating the addition is to be filed?  please advice.


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  Property in mothers name purchased from funds of elder son and father-who is real owner
Property consisting of a plot of land and building constructed afterwards on that , purchased from the funds of Father and elder son in the name of mother(fathers wife ,ie not ancestral property) 40 years back. A registered will was executed 20 year back jointly by father and mother distributing the property in the name of three sons (including one step son and excluding daughters)Now mother died recently. and father is still alive. Now the question is 1) Who are the real owners ie father son duo or mother. 2) Benami transaction act was not in force, hence property will…


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  Sale of land used for agricultural by members and investment – Exemption of capital gains .
sir, just before the sale of the land used for the agricultural activity has been converted as non-agricultural land and the proceeds have been received by one single person on behalf of the number of members in the family which he again returned to the members of the family to facilitate the easy transaction. Whether this can be treated as agricultural income in the hands of individual members? or it has to be treated as capital gains, if so long or short. In case if the investment is made to claim the exemption, can it be allowed? The members became…


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  Purchases – Turnover – Case Law on Section , 44AB read with S 271B
We are not getting a correct citation of decision CCIT v Vijay Maheshwari HUF, a case on issue of 'TURNOVER' for S.44AB of I T Act. Everywhere it is mentioned as 228 ITR 157 SC (Statute). But it is not available. Can ITATONLINE help. Other references are 515/BOM/1991 & ITA /924/1995 decided on 27/03/1996. SLP is dismissed on 13/10/1997 by SC. SLP No. is Civil/20074/1997. We have tried on HC and SC websites also. If possible mail copy of decisions.


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  Section 151 . Sanction for issue of notice – Who will be approving authority u/s 151 i.e. JCIT or CIT, considering the extension granted time to time due to Covid Pandemics.
Notice u/s 148 for ay 15-16 received 0n 25/03/2021.  Who will be approving authority u/s 151  i.e. JCIT or CIT,  considering the extension granted time to time due to Covid Pandemics.


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  Holding of NRE account by a foreign citizen , whether interest income is exempt ?
A person who is an Indian but holds a Singapore citizenship. He has been living in India, for more than 2 years. He still holds NRE account and claims that the interest is exempt from tax.   Bank is allowing him to continue to hold the NRE account and is not deducting TDS because he is a foreign citizen. Is the legal position correct?


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  Whether deduction of interest paid on house building loan can be claimed as deduction u/s 24 of the Act ?
A piece of residential  plot is in Wife's name , who has no source of income since she is a Home maker. So wife is the owner of the plot. House Building Loan taken by Husband, who is a salaried person,  with wife's residential plot  as a collateral  security and constructed house on the wife's residential plot.  Monthly House Building Loan EMI ( Principal and Interest) amount paying by the Husband out of his salary amount. The lender Banker has granted House Building Loan in the name of Wife and Husband (jointly ). The query is: Can the husband claim…


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