Answers By Expert: Advocate Shashi Ashok Bekal
  Agricultural Land taxability
Assessee is an individual and filed the return of Income disclosing income from business and other souces for AY 2014-15. During the year under consideration has also sold agricultural land and profit on sale of the same  on the bonafide belief and as per certificate from Talthi that said land is beyond 8 kms from municiple corporation and population of the village is less than 10000. As per mutation entry also crops like ground nut were cultivated. During the course of scrutiny which was selected under Cass for large deposits in Bank, which includes amount received on sale of agricultural…


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  ESOP
Suppose, SAR issued by Parent entity to employees of subsidiary with no reimbursement from Subsidiary. Subsidiary claim it as expenses. Is it allowed? If yes, do we have any Case law supporting this?


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  Exemption under section 11 of the Act
Dear Sir, A charitable trust registered under section 12A(a) of the Act. The Society has been allotted land by DDA for the purpose of charitable activities. Now, the Society rented out part building to Limited Companies and the said rent receipts were spent on renovation/construction of the said building. Can the Society claim exemption under section 11 of the Act?   Please clarify.


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  BUY BACK OF SHARES.
THE ASSESEE HAS SOLD LISTED COMPANY SHARES THROUGH BROKERS IN BUY BACK AND STT IS CHARGED.WHETHER SECTION 10(34A) BENEFIT AVAILABLE.IN FY 21-22 TCS,JUST DIAL ETC BUY BACK OFFER HAD COME THROUGH BROKER MODE AND STT CHARGED.PLEASE NOTE THAT IT IS NOT DIRECT PURCHASE BY COMPANY. PLEASE REPLY ABOUT ABOUT SEC 10(34A).


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  BOI OR Co ownership
Assessee and 10 others friends have purchase two plots in The year 2019.and decided to do the construction. Also got the plan approved from Local authority in the name assessee and others. All the owners of land have executed MOU cum declaration where they have mentioned that all have agreed to open Escro account and which will be operated by assessee and one more person from remaining land owners. Each owner will contribute amount require for construction in the same proportion of their ownership of land. In the said declaration they have also mentioned the ratio of profits and losses…


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  Validity of 148 notice
I received 148 notice for AY2014-15 on 30/06/21 which I challenged in high court. After SC verdict I received reasons to believe, 151 approval and other documents. I found out that both 148 & 151 were digitally signed and time stamped. The time on 151 was later than 148. So practically AO Didn’t have approval from PCIT when he issued 148. I challenged this aspect in my reply to AO. The orders from AO are yet awaited. The last date mentioned on AO Letter for me to submit reply was 9th June. Till date AO hasn’t issued orders or 148.…


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  taxability of a trust carrying on business activity
Respected sir, A charitable trust registered u/s 12A(a) of the Act, now carrying on business activity  having  in excess of 20% of gross receipts wants to forfeit exemption u/s 11 . what is the itr form to be used?  taxability is on net receipts (after expenses) or on grosss receipts , what is the rate of tax ? Pl elucidate


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  Belated ITR
Regular NRI assessee due to technical reason could not file the ITR for A.Y. 2020-21. TDS is more than the tax liability. Whether in application U/s 119 of IT Act to CBDT for permission to file the ITR can be obtained? Is there any other alternative with the assessee?


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  How to determine cost of Acquisition
I purchased the residential flat on 19th sept 1988 for Rs. 2,31,000/- subsequently flat went for development under individual agreement dated 31/12/2010. showing a value of Rs. 7,97,500/- and stamp duty paid by developer was Rs. 22,500/- subsequently redeveloipment delayed and was finally completed and cc certificate issued in November 2018. What will be the cost of acquisition if I plan to sell the flat now?


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  54EC and 9 B
On dissolution of firm, when it pays capital gain tax u/Sec. 9B, whether firm is elegible to claim exemption U/Sec. 54EC if assets distributed To partner is long term capital asset. If the firm decided To make investment in specified bonds and then distribute the same to partners in its books of accounts and record the same facts in dissolution deed and If partners offer the income accruing on the in investment on year To year basis, is it possible to claim the amount received on Redumption after five years completely tax free? Whether credit for TDS is available to…


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