Answers By Expert: Advocate Shashi Ashok Bekal
  CA Form for deduction U/S 80IBA -Builders case
In case of Builders 100% deduction is allowable under section 80IBA. Is there any form  to be uploded duly certified by CA like form 10CCB? To the best of my knowledge no such form is prescibed. However in the faceless scrutiny the department is asking for above form


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  Buyback of shares
Assessee company is a private limited company and has issued its shares of Rs. 100/- each fully paid up at a premium of Rs. 80/- in the year 2010. As on today the value of the shares is Rs.500/-. the articles of association of the company has a clause for giving option in case of transfer of shares by any shareholder to the existing shareholders only. None of the existing shareholder are ready to buy the said shares from the shareholder who is interested in selling. In this situation can company being a private limited company buy back the shares…


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  Set off of Loss under the head Long Term Capital Gain
Assessee is a company, who has invested in a share of unlisted public company in the year 2006 having total cost Rs. 42,00,000/-. In the month of October 2020, the assessee company has received a letter informing them about capital reduction pursuant to resolution plan  approved by Hon'ble NCLT and informed that entire existing, issue, subscribed and paid up share capital of said unlisted public company held by existing share holders stands cancelled and extinguished. Therefore, the value of shares of the said unlisted public company becomes Zero. Issues: Whether the assessee company can take the benefit of indexation  of…


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  Claiming depreciation on underlying asset (mining lease) held by Company
Dear Sir, A company named ABC has bought 100% of the equity capital of a private limited company named XYZ. XYZ has no assets or liabilities other than a mining lease allotted by the Government. The mining lease is a valuable asset as it gives XYZ exclusive and monopoly rights. The agreement between ABC and the sellers of the shares of XYZ makes it clear that the only reason ABC has bought the shares is to acquire control over the mining lease. Can ABC claim that the amount paid for acquiring the shares should be treated as amount paid for…


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  residential status due to covid 19 restrictions
Respected sir, Due to Covid-19 measures in Country X and India including lack of flights, I have not been able to resume my job in Country X and have been in India during the PY 2020-2021 for the period April 2020 to October 2020. I came to India in March 2020 and was to re-join duty in Country X in April 2020. Due to the suspension of international flights from India (and into Country X), I was unable to join duty in Country X. CBDT vide Circular No 11/2020 had clarified that for the purpose of determining the residency under…


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  Tax Audit F & O Trading
How to Prepare Trading & Profit & Loss Account for F &O Trading in Case of Tax Audit Futures and options (Non-speculative transactions) In Normal scenario, turnover for Futures & Options is determined as follows – The total of favorable and unfavorable differences shall be taken as turnover Premium received on sale of options is also to be included in turnover In respect of any reverse trades entered, the difference thereon should also form part of the turnover. For understanding the above Turnover is taken as “Calculated Turnover”. My question is when an assessee opts for Tax Audit in F & O…


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  Exemption u/s 56 (2) (x)
my son who is canadian PR holder has gifted a sum of Rs. 5 Lac in FY2020-21 to me. how can i show this in ITR & claim the exemption?


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  cost of redeveloped flat
If assessee get redeveloped flat today against his old flat and same is sold after 2 years , the cost of acquisition would be stamp duty value as on today?


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  Section 145A(ii) of I.Tax Act 1961
Section 145A(ii) requires  certain adjustments to be made in valuation of Purchase and Sale of Goods and Services and of Inventory for computing Taxable Business Income of a Assessee who is following Exclusive Method of Accounting. Query is:-Whether adjustment is  also to be made for GST paid on Purchase of  of Fixed Assets and Indirect Expenditure Incurred, when such GST has been debited to GST Account and not to Duties and Taxes Account(Expenditure Account).


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  Can we pay TDS on entire amount even though payment will be made in installaments?
Yesterday, we purchased one residential flat for total consideration of 7912440 Rs. the builder has asked us to pay 79124 rs via TDS. Since there are 3 buyers (3 fund contributing buyers) and one seller, three FORM 26QB has to fill. After selecting "YES" in the section, are there any multiple buyers involved, in what to do next? Question 1 - What is required to fill the section of "Total Value of Consideration (Property Value)*" is it 7912440 or 7912440/3 = 26374Rs (see image 1) What is required to fill in a section of the amount paid/credited? (see image 2)…


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