Answers By Expert: Advocate Shashi Ashok Bekal
  Vivad Se Vishwas Scheme
Form: 5 has been issued under Vivad Se Vishwas Scheme settling demand arising from order u/s. 144 rws 147 for AY 2012-13. After that AO has issued notice u/s. 154 for change in tax demand arising from order u/s. 144 rws 147 for AY 2012-13. Whether AO can change demand when he has ascertained demand while accepting declaration under VsVs. ? Whether change in demand will affect already issued Form: 5?  What the remedies to the assessee for remaining demand?


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  Whether in case revenue Neutral additions an appeal can be filed under Income Tax Act.
In case of assessee who is engaged in construction activity, has incurred certain expenditure which he has claimed as revenue expenditure and included in the work in progress,as there was no sale. During the course of assemment proceedings AO completed the assessment by considering it as capital expenditure and he reduced the amount of such expenditure from the Work in progress. Assessee prepfered an appeal before CIT A on following ground : a. It is revenue expenditure only and claimed is correct and WIP is also correct. b. If it is not reevune expenditure, then allow it to be appropriated…


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  How a Foreign Company will deposit TDS in India?
Fact of Case: A foreign company (Germany) sold shares of an Indian company held by it to another foreign company (Germany). Applicable Provisions: As per para 4 of Article 13 of DTAA between India & Germany "Gains from alienation of shares in a company which is a resident of the contracting state may be taxed in that state". Section 9(1)(i) considers the income to accrue or arise in India if all income accruing or arising, whether directly or indirectly, through or from any business connection in India... or through the transfer of a capital asset situated in India.  All other…


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  LEAVE ENCASHMENT
WHETHER LIMIT OF Rs. 3 LAC MAXIMUM IS APPLICABLE ON PRIVATE EMPLOYEES OR ALLOWABLE LIMIT CAN BE EQUAL TO GOVERNMENT EMPLOYEE. SINCE CBDT HAVE NOT NOTIFIED ANY LIMIT LATER THAN YEAR 2002, WHAT SHOULD BE PRESENT POSSITION.


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  SEC. 194R
Assessee is partnership firm engaged in buainess as trading in all types of jewellery  and as a part of sales pramotion scheme, assessee declares that they will provide Silver of double the quantity on  of the transaction of purchase of Gold ornament. Eg. Purchase by gold ornamant of 100 gms, the assessee will give 200 gms of silver free. Whether the provisions of TDS especially sec. 194R are applicable to such sales promotion schemes and if yes on which value the rate of perticular day?


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  Sec. 45(5A)
Assessee individual and is owner of Agricultural land which is urban agricultural land  and is desire is contribute for joint development, whether provisions of sec. 45(5A) will be applicable, if other conditions of Sec. 45(5A) are complied. 


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  50C and 45(5A)
  In case of assessee, who is HUF and owner of land has executed the specified agreement with the developers for development of land in the FY 2019-20. on the obtaining of the completion certificate of the project it is noticed that  Stamp duty value of developed structure is  higher than fair market value. In this situation whether there is any  impact of section 50C also.  pl guide


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  Partnership Firm
Assessee is partnership firm having two partners. The firm has purchase two immovable properties and they are in the name of the firm. The partners have decided to develop the one of the property and since they were short of funds and necessary infrastructure, they have decided to admit two new partners who will bring the necessary capital as well as ready to work as working partner for development of property No. 1. The profit sharing ratio is also decided to be equal as the incoming partner are bringing the necessary capital as per their profit sharing ratio. They have…


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  Notice issued u/sec 148 of the Act for A.Y.2017-18 twice
Assessment of the assessee for A.Y.2017-18 was re-opened u/s 147 of the Act. Notice u/s 148 of the Act was issued on 31.03.2021 for the said A.Y, no compliance were made to the said notice. AO completed to assessment u/sec 147 r.w.s.144  r.w.s 144B by making an addition  of the entire cash payment  for purchase of immovable property and treating the same as unexplained investments u/s 69 of the Act . The assessee preferred an appeal before CIT(A) against the order passed u/sec 147 r.w.s.144  r.w.s 144B. The assessee again received  notice u/sec 148 for A.Y.2017-18  and order u/s 148A…


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  requirement of 15CA for Dividend to NRI Shareholders
whether 15 CA is required to be filed in case the dividend paid to NRI shareholders in Indian currency and in their Indian Bank account not foreign bank account? 15CA is required only for the payment made to foreign bank account in foreign currency?


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