As per Bombay H.C. (Goa Bench)(Full Bench) in Mr. Mohd. Farhan A. Shaikh in T.A. M 51 & 57 of 2012 and many other decisions of ITAT, No penalty u/s 271(1)(c) is leviable if - In Notice u/s 271(1)(c) - Irrelevant part not strike off. In penalty notice u/s 270 A - under reporting of Income or misreporting of income not strike off. But in the body of assessment order initiation of penalty is for under- reporting of income. Query- Whether the aforesaid decision of Hon'able Bombay HC will be equally applicable in penalty u/s 270A ?
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During FY. 10-11 Assessee purchased certain shares through banking channels . The shares were transferred in the D-mat account and the same were reflected in the Balance sheet as on 31.03.11. Case for the issue was reopened u/s 148 notice dated 31.03.18 . On the basis of information of DDIT (Inv.). The assessee objected to 148 and also furnished the details as regards the source of investment and after considering the details furnished the AO was satisfied and the assessment was completed on returned income u/s 143(3)/147. The above referred shares were sold during F.Y. 14-15 (A.Y. 15-16) through stock…
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Whether income derived from funds of HUF – Individual or family income ?
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There is default u/s 271(1)(b) . The assessment was completed u/s 143(3). Apart from the reasonable cause for non appearing legal ground in appeal is that since the assessment has been completed u/s 143(3) , penalty u/s 271 (1)(b) is not leviable. Please give case laws of court/ITAT on the point.
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- An Individual is tax resident in India, holding British Passport has been filing returns in India since past several years.He has immovable residential Property in UK which is let out. He is paying tax in UK on rent income .He has not offered rent income in India returns in the past. Is he required to declare rent income in India tax return? He is of the opinion that rent income is not taxable in India because immovable property is situated in U.K. Please give your views. Also any other suggestion. Please cite case laws if any , supporting or…
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1) Who all have to be the signatories to the partition deed? 2) Whether daughter in law and son in law have to be signatories? 3) Whether grand children through son/daughter have to be signatories? 4) Whether spouse of the grand children through son/daughter have to be signatories? 5) What is the position vis a vis the great grand children (children of grand children through son/daughter)? 6) What is the position if any of the signatories is a minor? 7) If possible, please share a draft deed of partition. Thanks in advance
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Mr B is a coparsenor of bigger HUF ‘A HUF’. On earlier partial partion of A HUF in 1975 , Mr B HUF Consiting of himself , his wife Major son and married daughter is also assessed separately as B HUF . B HUF has effected partition of its all assets and liabilities . Amongst coparceners and wife of B , will this partion of B HUF is complete partition u/s171 or still it will be treated as partial partition ?
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While trying to file CIT(A) appeal online in new online portal, only 22 characters are allowed in DIN Column and alphanumeric characters are not allowed, only numbers are allowed. In the Assessment Order, DIN is alphanumeric and is 39 characters long. Therefore, kindly inform the format of DIN?
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What is the impact when DIN is not quoted in the body of assessment order but conveyed through a separate letter? is such type of assessment order valid?
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My agricultural land was compulsorily acquired under the NHAI act in 2010. Some enhanced compensation was received by me in 2021 and the case is still pending in high court. I am confused if I will need to pay capital gains tax on the compensation received. As I said the acquisition was done in 2010. Are you able to please help out. Thank you
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Whether decisions u/s 271(1)(c) will be applicable for penalty u/s 270A.