. Advocate Aditya Ajgonkar – Digest of case laws

Answers By Expert: Advocate Aditya Ajgonkar
  24[4] of benami prop act
IF ex parte order is passed u/s 24[4] as above said, Is it possible to get it recalled ?            


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  Benami Act
My Arrogant father brought few properties under my  name. I trusted him, signed on documents wherever needed my signature.  He never revealed the details, I never asked him.  I was a fool to believe him, all this happened more than 20 years ago. These properties are now in dispute, other parties are contacting me, threatening legal actions and other consequence. I am asking my father to explain the details, but he is so arrogant, he claims it is none of my business, since those properties belong to him. I agree with him that I didn't contribute anything in purchasing the…


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  . How many hard copies of appeal need to file by assessee before first appellate authority as per Section 107 of CGST Act, 2017 ?
How many hard copies of appeal need to file by assessee before first appellate authority as per Section 107 of CGST Act, 2017 under GST law in absence of anything mention under said seciton ibid. Similary since GST Tribunal is not constituted and whenever it is constituted in future, how many hard copies of appeal need to file by assessee as per Section 112 of CGST Act, 2017 i.e. before Appellate Tribunal in absence of anthing mention under said seciton ibid.


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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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  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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  How to compute Capital gain on sale of non-banking asset sold by a Bank ?
URBAN COOP BANKS SOME TIMES ACQUIRE THE ASSETS (LAND/BUILDING) MORTGAGED TO THEM BY THE BORROWERS IN SATISFACTION OF THE LOAN OUTSTANDING. AFTER FOLLOWING DUE PROCESS OF PROCEDURE UNDER THE MAHARASHTRA COOP SOCIETIES ACT,1961 UNDER RULE 107, THE MORTGAGED ASSET IS TRANSFERRED IN THE BANKS NAME AT A VALUE AS PER THE VALUATION OF APPROVED BY THE REGISTRAR OF COOP SOCIETIES ,MAHARASHTRA STATE. IN THE PROCESS THE PROPERTY STANDS IN THE NAME OF THE BANK AND IS SHOWN AS NON-BANKING ASSET.RESERVE BANK ALSO ALLOWS SUCH NON-BANKING ASSET ON THE CONDITION THAT IT SHOULD BE DISPOSED WITH IN 7 YRS. TO GIVE…


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  When a firm is converted in to Limited Liability partnership (LLP) whether exemption is provided u/s 56(2)(x) of the Act .?
An LLP is proposed to be converted into a Pvt. Ltd. company. The said conversion is exempt u/s 47(xiii) in the hands of the firm. However no separate exemption is provided u/s 56(2)(x). Therefore, despite the economic interest of the shareholder (being the erstwhile partner) remains same in the Pvt. Ltd. Co. vis-a-vis LLP, would the shareholder be taxed u/s 56(2)(x). The Fair Value of equity shares received by the shareholder (as derived u/r 11UA less balance in the partner's capital account could be bought to tax u/s 56(2)(x). Further, the new Company is merged with another company whereby the…


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  Charitable Trust -Faceless Assessment –Accumulation of income – Failure to consider the submission, what is the remedy .?
We have submitted all documents for deduction as application including the bank statement.  The Fixed deposits made during 15-31st March shown as FDs in Balance sheet in respect of contributions received during 2nd week of March and claimed by filing necessary application for accumulation, the Officer misconstrued it as an application and treated the contribution as incoome and assessed the same.  The rectification Petition filed before Juridictional AO failed to appreciate the fact and simply rejected saying that the E-asst. officer has already considered.  What to do now ?  Of course we have already filed an appeal aleady.


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  How to compute Capital gains on bankruptcy of a company ?
"Transfer”, in relation to a capital asset, includes: (i) Sale, exchange or relinquishment of the asset; (ii) Extinguishment of any rights in relation to a capital asset; (iii) Compulsory acquisition of an asset; (iv) Conversion of capital asset into stock-in-trade; (v) Maturity or redemption of a zero coupon bond; (vi) Allowing possession of immovable properties to the buyer in part performance of the contract; (vii) Any transaction which has the effect of transferring an (or enabling the enjoyment of) immovable property; or (viii) Disposing of or parting with an asset or any interest therein or creating any interest in any…


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