Partner retires in March 2020, but his account is settled in April 2020 by cash payment* – Is s.45(4) triggered, which is effective from AY 2021-22? S.45(4) does not apply ► ‘Reconstitution’ is defined as where a person “ceases” to be a partner of firm – where such cessation took place before introduction of law, it is not ‘reconstitution’ ► S.45(4) only shifts timing of taxation to actual receipt – basis of taxation continues to be accrual – which, in the present case, happened in March 2020 ► Receipt as also its connection with reconstitution are twin requirements for satisfaction…
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A notice under section 148A has been issued on the assessee for re-assessment of AY 2018-19. Since the assessee was already assessed for AY 2018-19 in an earlier assessment. Can the assessee do the following on receipt of notice under section 148A: (1) Ask the AO for providing the 'reasons to believe,' considering that under the new regime notice under section 148 is issued on the basis of the 'information with the Assessing Officer which suggests that the income chargeable to tax has escaped assessment'? (2) Can the assessee object to the reasons to believe furnished by the AO on…
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Tds deducted from bills raised on HAM Project .Bills debited to w i p account shown in assets side .No sales or revenue receipt is there .Huge amount of tds deducted .whether the Sade tds is required to carry forward to next year till we receive annuity or can be claimed as refund on current assessment year? Or whether assesee can offer the income to the extent of TDS and claim the TDS every year.pl guide .
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The assessee company original assessment for asst year 2006-07 was completed u/s 143(3) in 2008. Assessee case was reopened in 2010 and 143(3)/147 was done in 2010.Assessee paid taX determined within 30 days in 2011. ASSESSEE preferred appeal and got part relief in 2011 from cit appeal.In itat also some relief was granted IN 2016/2019 .The assessee was given appeal effect order in 2022 january for both cit appeal and itat .(appeal effect given in jan 2022 for both). However on perusal it is seen that interest u/s 244A is 6 pc per annum.The assessee feels that interest u/s 244A(1A)…
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Assessee is Private Limited company . For A.Y. 2020-21, has opted to be taxed U/SEc. 115BAA of the Act. For The A.Y. 2019-20, assessee has paid the tax as per regular provisions. In the A.Y. 2019-20, there was unutilised additional depreciation u/s 32(1)(iia) of the Act. The assessee company as per the proviso to section 32(1) of the Act and proviso to section 115BAA, wherein it is provided that, where there is a depreciation allowance in respect of a block of a asset which has not been given full effect to prior to the AY beginning on first day of…
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Assessee is Partnership Firm having 3 partners . Son and daughter of the one partner are working as employee for last more than 5 years . All the partners have decided to take the Term Policy( which is not key man Ins Policy) in the name of these employees to safe guard the interest of firm, therefore decided to claim the same as deduction U/SEc. 37 of the Act. The nominee of the policy will be Firm. Whether this is allowable deduction in the hands of firm U/Sec. 37 of the Act ? Whether the premium paid will be considered…
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Assessee is pvt limited co . One of the share holder is interested in purchase of shares of another share holder. Whether he can purchase the shares at the face value? Or at the price ignoring the market vlaue of rights in immovable property? Whether valuation report as per Rule. 11UA is mandatory? Whether liability which may require for the claim on the rights in immovable property can be consider while working of value of share can be consider even if not recorded in books of accounts ? pl guide .
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A notice calling for information u/s 148A of the Income Tax Act, 1961 is issued on 17.03.2022 giving time to respond by 23.03.2022. The Act provides for notice of minimum 7 days and maximum 30 days. Please advise whether the notice mentioned above is valid in law as it included both the days i.e. date of issue and date of compliance while computing 7 days time. Kindly also advise whether the assessee should comply to the notice by 23.03.2022 and submit details or should challenge teh validity of the notice. Thanks
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In Vora Financial Services Pvt Ltd Vs ACIT (ITAT Mumbai) at para no 32 observed as under: Accordingly we are of the view that the provision of section 56(2)(viia) should be applicable only in the case of where the receipt of share becomes property in the hands of recipient and the shares shall become property of the receipt only it is is shares of any other company, In the instant case the assesses herein has purchased its own shares under the buy back scheme and same has been extinguished by reducing the capital and hence the test of becoming property…
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Sir, In response to notice u/s 148 issued after 01/04/2021, reply by way of objection to re opening without following the due procedure prescribed quoting Delhi, Chennai High court decisions and also , filing of return without prejudice to objection, in response can be done simultaneously? pl advice. what is the due date for completion of re assessment in cases where notice is issued after 01/04/2021. Kindly enlighten.
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Applicability of Provisions of 45(4) and 9B of Income Tax Act 1961