In case of search conducted after 01.04.2021, whether procedure prescribed u/s 148A is to be followed for the preceding 10 A.Y from the end of the previous year in which search took place. Whether assessee can ask for the reasons for re-opening and copy of approval of the prescribed authority? Whether assessee can the notice on the ground that before issuing notices u/s 148A, AO must fulfil the condition as prescribed in section 149(1)(b) of the Act?
► Read Answer
Survey u/s 133A took place at the premises of builder on 19.03.2019, wherein a diary containing details of on-money received by the said builder was found. On the basis of noting on the said diary, the assessments were completed in the hands of the builder for A.Y 2013-14 to A.Y 2017-18, wherein the additions about the on-money were made. The additions made by the AO were confirmed by the CIT(A) as well as the Tribunal. AO relying upon an explanation 1(v) to section 148, has issued notice u/s 148A to the purchasers of the flats/shops from the builder on the…
► Read Answer
a) Notice u/s 148A(b) is issued giving only four days time to respond. Can this notice be challenged directly in Writ before High Court? b) Assuming that assessee has filed response within 4 days without raising an objection about getting less than 7 days to respond, whether this notice still can be challenged before High Court by filing Writ Petition ? c) An order u/s 148A(d) of the Act is passed after one month from the end of the month in which time allowed to furnish reply as per clause (b) expired. Is this order is legal and valid? d)…
► Read Answer
Assessee is a partnership firm, which filed its return of income for A.Y 2015-16 on due date. The said return was selected for scrutiny and assessment u/s 143(3) was completed accepting the returned income. On the basis of information available for the past years where 25% of vehicle expenses were disallowed on account of personal nature. In the assessment completed u/s 143(3) for A.Y 2015-16, no such disallowance was made. Based on this information, AO re-opened the concluded proceedings by issuing notice u/s 148 relying upon provisions of section 148 and 149(1)(b) of the Act. Assessee is of the view…
► Read Answer
7 to 8 partners introduced personally held land into a firm as own capital contribution Firm constructed warehouse for renting out. Firm reconstituted from time to time by retirement of old & admissions of new partners . No revaluation on such reconstitutions . All brought and paid only capital balance presently few new and few original partners remained in firm now if firm registers land in own name what will be tax implications in hands of frim and new /old partners ?
► Read Answer
Notice received on 6.4.2022 for the AY 2014-15. As per new law it is time barred. When we received the notice u/s 148A, What reply we should submit?. 1. Either we challenge before HC OR 2. Should submit reply or 3. We raise objection and submit reply under without prejudice. 4. Raise objection on validity of notice only. Please reply as per SC judgment and instructions issued by cbdt.
► Read Answer
Assessee is trader of land During the course of survey U/Sec. 133A some sale deed along with note about acceptance of cash consideration is mention. Assessee accept that it is for the sale of land . Simillarly these are notings found for purchase of land also . Whether unrecorded sale consideration it will be taxed as normal business income as assessee has offer the explanation and also given the source of the same. Or it will be taxed under Sec. 115BBE. Whether assessee can Take stand that only income or application which is higher to be taxed ? Pl guide…
► Read Answer
For the purpose of section 54/54F r.w.s 45(2) , does the time limit to purchase the new property to claim the exemption u/s 54 and 54F apply from the date of conversion of capital asset into stock in trade or date on which stock-in-trade is sold?
► Read Answer
what is time limit applicable for issue of notice today u/s 149 as amended by Finance act 2022, after considering god fathering provisions, is it 1/4/15 or 1/4/2011/12.
► Read Answer
SC holds reassessment notices issued under old regime deemed to be issued under S. 148A. Now what will be impact on : a. On going proceedings where reassessement are not completed? b. Where assessement are completed an assessee has filed an appeal before CIT A. c. Assessee who are party to Writ Petition? d. Whether review Petition can be filed before SC against this order which holds reassessment notices issued under old regime deemed to be issued under S. 148A. Pl guide .
► Read Answer
Section 148A and 132 of Income Tax Act