Answers By Expert: Advocate Shashi Ashok Bekal
Sir, Is tds under section 194q applicable in case of a buyer whose income is exempt u/s 11?
► Read Answer
THERE ARE 3 ASPECTS IN A CASE WHICH NEED CLARIFICATION - CAN AO ISSUE NOTICE U/S. 143(2) AND NOT ATTACH THE REASONS FOR REOPENING EVEN THOUGH IT IS MENTIONED IN THE NOTICE. AND AS AN AFTER THOUGHT SEND A NOTICE U/S. 142(1) WITH THE REASONS. CAN THAT MAKE THE NOTICE U/S. 143(2) INVALID AND WITHOUT APPLICATION OF MIND. SHOW CAUSE SENT ON SATURDAY NIGHT AT 9PM WITH A DUE DATE ON SUNDAY AND SUBMISSION BUTTON DISENGAGED ON MONDAY AND FINAL ASSESSMENT ORDER PASSED BY AFTERNOON OF MONDAY..... WONT THIS QUALIFY AS BEING AGAINST PRINCIPLES OF NATURAL JUSTICE.
► Read Answer
A partnership firm (firm) was incorporated on 20-02-2014 with four partners each contributed Rs.3375000/- and having 25% share in profit / losses. The nature of business of firm is to develop real estate and deal in sites. The firm purchased a plot of land for Rs.13200000/- on 12-05-2014. No business had commenced however some development on plot was done till 2024. There was no further sale or purchase of land. Between 2014 & 2022 two partners retired and one new partner was inducted in the firm. The retiring partners were paid only their capital contribution of Rs.3375000/-. This amount was…
► Read Answer
Sir, the assessee is a non resident. Her ESOP shares were sold in the financial year 20-21. The tax is paid under the head capital gains (Short term). The quantum of taxable income is Rs.106 Lakhs. She has no other income in India in any of the subsequent years or earlier years. The short term tax rate is 15%. There is a view that AMT is applicable. For that year the AMT rate was 18.5%. Please clarify on the applicability of AMT.
► Read Answer
A private limited company sells 26% of its shares to a person who purchases the solar power generated by the company. Can the shares be sold at face value, as the shares will be bought by the sellers on termination of the contract
► Read Answer
Assessee is a Trust running school, whose gross receipt falls under Rs. 5cr. For a.y. 23-24 the assessee trust filed it's ITR u/s 139(4C) belatedly on 30.10.23 and claimed exemption u/s 10(23c)(iiiad). In Schedule IE-4, following details were filled : Annual gross receipt - 50L Amount applied for objective - 48L Balance accumulated - 2L In Part B2 of Part B - TI : exemption amount claimed u/s 10(23C)(iiiad) - 2L Now, the assessee has received adjustment notice u/s 143(1)(a)(ii), which says : "Income due to disallowance of exemption under clauses of Section 10 entered at Sl No. 3 of…
► Read Answer
Assessing officer has passed the Assessment order U/SEc, 144 of the Act by making an addition of Rs. 5 Cr on account of unproved purchases after getting an approval form the Addl.CIT. However, the approval granted by Additional CIT U/Sec.153D of the Act does not contain Document Identification Number (DIN) which according to the Assessee is in contravention to CBDT Circular No.19/2019 dated 14.08.2019. Assessee has filed an appeal before CIT and has taken the ground that The assessment order passed U/Sec.144 of the Act is bad in law and void ab intio on ground that the approval granted by…
► Read Answer
if a non-resident Indian residing in America transfers money from his own NRO/NRE A/c in India to his own bank A/c in America, whether provisions of TCS will be applicable?
► Read Answer
if it is faceless how do we do that is the question Sir
► Read Answer
The assessing officer denied the MAT (Minimum Alternate Tax) on the ground that the appellant has availed the benefit of Vivad se Vishwas Scheme (VsV) and have permanently settled the dispute without considering the fact that the appellant has opted for VsV w.r.t the disputed income and the MAT credit as per return of income will not lapse as result of appellant opting for VsV. Kindly guide.
► Read Answer
Tds u/s 194Q