Answers By Expert: Advocate Neelam Jadhav
  Import ocean freight paid to foreign shipping company is tds deducted
Dear sir, On Import of goods, we need to paid ocean freight and commission paid to foreign companies is liable to deduct Tds. Please clarify


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  Penalty U/SEc. 271(1)(c) of the Act
Assessee is private limited co and during the course of assessment proceedings AO made the addition U/SEc.14A, Write off advances to 100% subsidiary co established in China and non submission of receipt of donation. CIT A confirm all the additions . ITAT has reduced the disallowance U/sec. 14A to the extent of exempt income. and confirm the addition made by the AO . on the ground of writeoff of advances to subsidiary co on the ground that the assessee failed to substantiate the claim made by the co. AO has levied the Penalty U/SEc. 271(1) (c) for furnishing of inaccurate…


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  Query regarding NGO Registration U/s 12AA/12AB
Respected All Members I had a query regarding NGO Registration U/s 12AA/12AB. A NGO has applied for provisional registration U/s 12AA by filing Form 10A in the F/Y 2021-2022. The NGO has been granted provisional Registration for 3 years (upto AY 2023-2024). However, the NGO has not applied for permanent registration till date. The NGO has already started the charitable activities from the F/Y 2021-2022 and has not applied for Permanent registration within 6 months from the date of start of charitable activities. Now, what is the remedy as the time period to file the permanent registration has expired? Please…


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  default u/s 271(1)(b)
There is default u/s 271(1)(b) . The assessment was completed u/s 147 r.w.s 144B. Apart from the reasonable cause for did not respond to the notices issued since the assessment has been ccompleted u/s 147 r.w.s 144B , penalty u/s 271 (1)(b) is not leviable.  Please give case laws of court/ITAT on the point.


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  A Rural agricultural land has been sold in AY 2016-17 for 60 lakhs
Sir, A Rural agricultural land has been sold in AY 2016-17 for 60lakhs for which consideration received in cash and the same is deposited into seller bank ac. Now received a notice from IT regarding the above cash deposit. in reply to IT : If i mention, the cash deposit of  60L pertains to  receipt of cash for sale consideration, do it attract any negative impact or any disallowance or u/s 269s/st ? I request you to please give me any suggestion. thanks, Shravan


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  TDS liability
Let me know TDS Liability in case of Import Freight paid to foreign shipping company


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  the property is in the name of my uncle, now he want me to become the co borrower , so whether i can take tax deduction under section 24 b with respect to interest.
The requirement of Section 24(b) where the property has been acquired, constructed, repaired, renewed, or reconstructed with borrowed capital, the amount of any interest payable on such capital is allowable.  The deduction can be claimed while computing the income from house property . On the facts  the income from house property is not offered in the hands of co -borrower . Facts also not clear whether the co -borrower is co -owner .  on the facts the assessee may not  be eligible to claim deduction. under section 24(b) of the Act. In  ITO v. Mamta Rajivkumar Agarwal (Smt.) (2022) 100 ITR…


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  Sec. 23(5) Deem rent in the hands of developers
Assessee is developers of the real estate and is having unsold units in the projects developed by him. In respect of unsold units completion certificate from the competent authority   has been received in the year 2015-16. Assessing officer has made the addition on account of deemed rent in the hands of assessee in the A.Y. 2018-19 and he has relied upon the provisions of Sec. 23(5) which are applicable for 1.04.2018. Assessee has submitted that Sec. 23(5) is beneficial provision and applicable form 1.04.2018 and therefore two years moratorium period given in the SEc. 23(5) is applicable and therefore no…


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  Intra Day Trading in Equity & Trading in Futures & options
In one of the Assessment Proceedings for the Assessment Year 2018-19, The Faceless Assessment Unit has considered Income from Intraday Trading in Equity and Income from Trading in Futures & options as Short Term Capital Gain. The Assessee has considered Income from Intraday Trading in Equity as Speculative Business Income and Income from Trading in Futures & options as Normal Business Income which in my opinion is correct. Whether the below noted contention of the Assessment Unit is correct? Contention of the Assessment Unit: "Since the assessee is an Employee of a PSU, the Profit from Intraday trading in Equity…


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  whether telescopic benefit of IDS declaration is possible
Assessee is Developers and builder . Search action U/sec. 132 has been conducted  and during the search the record of unrecorded transaction for last  10 years was found . assessee has also filed the declaration Under IDS 2016 , can he take the benefit of IDS declaration vis a vis income generated in the years worked out on the basis of data of unrecorded transaction prior to IDS . pl guide


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