Answers On Category: Income-Tax
  IDS- 2016 and Credit of Advance tax
Assessee firm has filed a declaration under IDS where in they have disclosed for AY 2015-16: Rs. 9,82,24,010/- as Business Income and For AY 2016-17: Rs. 1,15,04,953/- as Business Income. In the said declaration the assessee firm claimed the credit for the Advance Tax and TDS for both the assessment year. However CIT has denied the credit for the said payment on the ground that it is not permissible to give credit of advance tax in IDS. On the basis of this information the AO issued Notice U/Sec.148  for A.Y. 2017-18, on the ground of Invalid declaration due to non payment…


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  NON RECIEPT OF FORM 5
I am the legal heir for my dad and dealing with an IT notice for AY 2012-13. I opted for VSV scheme and paid the full amount of tax on NOVEMBER 06,2020. I   am yet to receive form  5 from the authorities. But I have so far I have been served three notices of faceless assessments as well as summons for First appeal proceedings Also the case was supposed to be time barred on 30th september 2021. now suddenly. the date has shifted to 31st march 2022.  I have not received any  communication (sms/mail/notification  on my account) for the same.…


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  Non-cooperation by Assessee
A practical issue has arisen, though it is not of Technical Nature, but of an Administrative Nature, causing the concerned CA many practical difficulties, especially considerable space of his Office being occupied by the bulky Records of the Assessee. A Partnership Firm has presently pending litigation under the Income Tax Act, 1961 related to around AY 2005-06. Its Partners have refused to take back all Records of that Firm related to that AY from CA’s Office despite repeated request by him from time to time for the reason best known to them. Can CA request the following Authorities / Court…


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  Retirement of Partners before amendment brought in Finance Act, 2021
Assessee is a partnership firm having 17 partners engaged in the business of development of  property . The said firm has one land which is hold as current assets having book value very less.  In this firm two partners were admitted in the firm in the month of  May. 2020, who are willing to invest the capital require for development of the said land and the project on the said land.  Due to some reason the original 17 partners have decided to retire from the firm in the month of Dec. 2020. Before the retirement the partners have made revaluation…


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  CHARGING OF INTEREST U/S 234B
In case of assessee, ITAT has set aside the assessment order to the AO with directions to re-asses the income. Assessing officer has passed the order as per the direction of the Hon'ble ITAT. Whether after decision of Tribunal, Assessing Officer is duty bound to charge interest under section 234B up to date of original order of assessment passed by him and not up to date of reassessment order passed by him in pursuance of order of Tribunal. Kindly guide.


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  Notice under sec 144 of IT Act (Best Judgment Assessement)
whether notice under section 144 (Best Judgment Assessement) be issued for non response to notice under section 148 of IT Act.


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  PAN omitted to be submitted to Company. Is it possible to set off the TDS at the time of filing my Income tax Return?
A public limited company has deducted tax at source on Dividend @15% for non submission of PAN. I have a PAN but it was omitted to be submitted to the Company. Is it possible to set off the TDS at the time of filing my Income tax Return? Do I Have to include the Dividend amount in my Return.


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  FILING OF APPEAL AGAINST CPC DEMAND
ASSESSMENT PROCEEDINGS FOR AY 2018-19 CONDCUTED AND ASSESSMENT ORDER PASSED WITH NIL ADDITION, ACCEPTING THE RETURNED INCOME. BY NFAC DELHI. WITH RESPECT TO ASSESSMENT PROCEEDINGS UNDERTAKEN BY NFAC DELHI, NO COMPUTATION SHEET OR DEMAND NOTICE IS ISSUED. ONLY ASSESSMENT ORDER IS RECEIVED. LATER ON, CPC BANGALORE HAS RAISED DEMAND ON PORTAL AGAINST THE SAID AY ON ACCOUNT OF NON-GRANTING TDS CREDIT. WHAT ACTION SHOULD BE TAKEN? IT APPEAL IS REQUIRED TO BE FILED, THEN AGAINST WHICH ORDER, APPEAL SHOULD BE FILED?


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  Delay in exercising option as prescribed under 115BAA(5)
Dear Expert, A private company filed its tax return for FY 2019-20 and availed the benefit of lower tax rate as prescribed under section 115BAA However, filing of form 10-IC as prescribed under sub section 5 of section 115BAA was done much later due to inadvertence. Return was filed within statutory due date but form 10IC was filed in Feb 2021  (about 2m delay). Sub section (5) states Nothing contained in this section shall apply unless the option is exercised by the person in the prescribed manner on or before the due date specified under sub-section (1) of section 139 for furnishing…


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  Notice u/sec 153C of the Act and incriminating material
Assessee has individual who has purchase flat from Builder. There was search at the premises of Builder from whom assessee has purchased flat. During the course of search one statement in excel format in which name of flat holders, flat no, agreement value and on money , area etc mention. Builder has accepted that his additional income earned by him and paid the taxes. On the basis of this incriminating material and statement of Builder Assessing Officer has recorded a satisfaction note that on money amount is income to be taxable in the hands of assessee and sent the satisfaction…


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