Answers By Expert: Advocate Shashi Ashok Bekal
  Limitation to complete assessment u/s 143(3) – A.Y.2019-20
Search & Sezure action u/s 132 was conducted on 19.06.2018. Assessments for the A.Y. 2013-14 to 2018-19 were completed u/s 153A on 14.08.20121. Assessment for the Assessment Year 2019-20 was completed u/s 143(3). The Government has extended date from time to time to complete the assessment u/s 143(3). In the light of extended period what is last date to complete the assessment u/s 143(3) for AO for the Year 2019-20. Kinly inform about latest circular on the subject. It is also requested to please inform whether prior approval to select the case for scrutiny (part priod is searched period) is…


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  Penalty u/s 271(1)(c)
1.Assessment was completed u/s 143(3)/147 making additions on account of discrepancies found in survey on account of Cash in hand and Stock in trade etc. 2.On appeal the additions made by A.O. were confirmed by CIT(A)  vide order dated 06/02/2020 and ITAT order dated 08/07/2016. 3.Penalty u/s 271(1)(c) of Rs.4,60,000 was levied vide order dated 26/04/2017. 4.On appeal CIT(A) deleted the Penalty on the sole ground taken regarding limitation stating that - "order of the ITAT  was passed on  08/07/2016 , therefore the penalty order must have been passed by the A.O. upto  31/03/2017. However the A.O.  has passed the…


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  CIRCULAR OF CBDT ON LOW TAX EFFECT AND EXCEPTIONS. APPLICABILITY ON PENALTY U/S 271(1)(C) OF RS.600000
Additions were made in the Assessment order on account of discrepancies found in stock in trade ,cash in hand etc. The same was confirmed by CIT(A) and also by ITAT Penalty u/s 271(1)(C) of Rs.600000 was levied by A.O. The same was deleted by CIT(A) on the legal ground that the penalty was passed after 6 months from the date of ITAT order. The department has filed appeal against the order of CIT (A) deleting the aforesaid penalty on 2 grounds: 1.The order of ITAT was received in the office of CIT after 3 months from the date of ITAT…


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  112A WHETHER FOR LTCG 112 A CAN BE OPTED AND LTC LOSS CAN BE CLAIMED SEPARATELY. MEANING THEREBY WHETHER ASSESSEE CAN OPT FOR 112A FOR GAIN AND OTHER FOR LOSS ON EQUITY SALE.
112A WHETHER FOR LTCG 112 A CAN BE OPTED AND LTC LOSS CAN BE CLAIMED SEPARATELY. MEANING THEREBY WHETHER ASSESSEE CAN OPT FOR 112A FOR GAIN AND OTHERS FOR LOSS ON EQUITY SALE AND ADJUST LOSS


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  Transferring inheritance cash assets out of India – Indian tax impact
Mr A living in Mumbai expires, leaving behind a will for his assets, and how he wishes it distributed to his family. Several family members live in India (including the executor of the will), and some in USA (now US citizens, some born in USA). What are the tax implications for remitting the cash assets to family USA residents? PAN/Aadhar requirements? Annual amount limits etc ...?


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  invocation of section 56(2)(x)
the assessee company had booked a flat in feb 2011 for an agreed consideration of Rs 180.00 lacs . only booking form and allotment letter was executed and a sum of Rs 25.00 lacs was paid in Feb 2011. subsequently the project went into litigation and due to development rules constraint the project was delayed and final agreement was executed in registered in sep 2017. the stamp duty valuation is Rs 250.00 lacs. The AO is seeking to tax the difference in the agreed value and the stamp duty valuation u/s 56(2)(x), though the assessee is seeking refuge in the…


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  TDS from dividends U/s.206AA
From FY 2020-21, dividends declared by Indian companies have become taxable and the companies are required to deduct tax at source from such payment.  However, in many cases, especially where shares are held in physical form, the shareholders could not furnish the PAN number timely and consequently, the companies have deducted the tax u/s. 206AA of the Income tax Act, 1961. Now the tds so deducted is not appearing in Form 26AS and hence, the shareholder is not able to claim credit of the tds amount.  This is despite subsequently intimating the PAN to the Company and requesting for uploading…


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  Interest u/s 234A
Whether Interest u/s 234A will be liable where entire tax has been paid before due date but 234E had to be paid when filing the return after due date and hence there was a shortfall to the extent of 234E. Also kindly enlighten whether 234A will be applicable on the shortfall only.


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  Long term Capital Gains from sale of flat – whether brought forward long term capital loss to be setoff before deduction u/s.54EC
An assessee has earned long term capital gain on sale of his share of flat after determining the indexed cost.  He wishes to obtain exemption for the gain by investing in bonds u/s.54EC.  He also has brought forward long term capital loss which he would to set off against future gains on sale of shares.  Whether the long term capital gain on sale of flat has to be determined by first deducting the brought forward loss and he can avail the benefit of Section 54EC only in respect of the balance income?


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  Income tax on Dividends received by Non-Residents
From Assessment Year 2021-22, dividends are liable to income tax in the hands of the recipient.  In case of residents the dividend received is taxed at the applicable tax slab rate. But it seems that in case of Non-Residents, the dividends received are to be taxed at the flat rate of 20% u/s.115A.  The correct position may please be confirmed.


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