Answers By Expert: Advocate Shashi Ashok Bekal
  263 Revision
After ITAT quashed order u/s 263 passed by pcit , AO issues notice u/s 154 on same point, what can be the remedy with Assessee? Does it partake contempt of order of ITAT ? any case law?


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  Penalty U/Sec. 271D and 271E, loan or deposit , cash
Assessee is partnership firm engaged in the business of Dignostic center.  During the search in the year 2017 with third party who is finance broker, a diary was found where noting about amount received and amount given , rate of interest and his commission was recorded. In the said dairy names were recorded in coded form, he has given statement that he earns only commission in the transcations , but did not disclosed the name of party. However, employee of the said assessee has given the details of names which are written in coded form. On the basis of such…


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  Assessment under section 148
We have filed a return u.s 148 in response to notice u.s 148, then what is the status of earlier return filed us 139?


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  148A, Revision
Can AO issue notice i/s 148A when notice u/s 263 is pending on same point ?


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  MA on the ground of latest amendment about claim of education cess
In the case of the assessee co for A.Y 2014-15,  Hon'ble ITAT has consider the additional ground about claim of educational cess as allowable expenditure on the basis of decision of jurisdictional HC and allowed the claim and directed the AO to ascertain the correct amount of education cess and then allow a deduction for it, after allowing opportunity of hearing to the assessee (Order of ITAT dated 17.08.2021) Department has filed an MA on 12.08.2022 on the ground that Tribunal has not considered the decision of Supreme Court in the case of CIT vs. K. Srinivasan (1972) 83 ITR…


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  115BBE
Does 115BBE apply to amount declared during survey u/s 133A?


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  Clarification about money sending from India and filing of ITR by a Resident but living outside India.
How much money father living in India send / gift to his daughter living in UK. What is the amount limit per Financial Year and what are the rules under Income Tax Act / RBI permission / intimation and under FERA etc A person is resident in India but living in London. As on date, he does not have any income in India. Whether he has to file his return in India mentioning Nil income or exempted from filing ITR as he does not have any income. Secondly, whether he has to give the details of assets in India and…


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  143[1][a] r w s 43B
After judgement of SC in 143 TAxmann.com 178 , can one rely upon order in case of ITA 2376/Mum/2022 ? Any MA decided on the basis of above 2 cases in favour of Assessee ?


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  FIRM RECONSTITUTION
A firm has 3 partners  A,B and C.  Partner  B is retiring and his credit balance of capital/current account is taken over by partner A. Partner A is issuing "memorandum of debt" to retiring partner C. The debt instrument is proposed to be registered with registration department of immovable properties paying requisite stamp duty for registration of debt instrument. The firm has immovable property and machineries and is a manufacturing concern.What are the tax implication for the firm, partner A and retiring partner C ?.      


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  Cancellation of Registration u/Sec. 12A retrospectively
Assessee is Charitable trust registered under SEc. 12A since 1998 running educational institution . Search action U/Sec.132 was carried out at the premises of the trust , where in certain documents regarding acceptance of capitation fees were found. on the basis  of those documents in the year Registration U/sec.12A was cancelled as per order passed in the month of may 2018 retrospectively w.e.f.A.Y. 2007-08. whehther the action of PCIT of cancellation of registration U/SEc.12A retrospectively is valid?


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