Answers By Expert: Advocate Shashi Ashok Bekal
  Whether penalty u/s 270A be levied for misreporting of income in respect of 5% conveyance expenses and addition as cash credits? Whether penalty u/s 270A be levied for misreporting of income in respect of 5% conveyance expenses and addition as cash credits?
Penalty u/s 270A was initiated on addition of conveyeyance expense Say 5% for want of vouchers etc but mentioned in Assessment order as Mis reporting of income. Assessee filed form 68 u/s 270AA claim ing immunity from Penalty within a month of the order but as per section 270AA immunity is not available in Misreporting of Income.How to proceed . Pl Guide and refer some judgements.


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  Whether assessment proceedings abated and addition can be made only on the basis of incriminating documents found in the course of search proceedings ?
Dear Sir, My query is as follows: If a search on a person took place on 30.09.2015 Return for assessment year 2014-15 filed on 30.09.2015 Last date for issuing notice under section 143(2) is 30.09.2015 Whether we can say, proceeding  for A.Y. 2014-15 is unabated proceedings or not Whether the plea that addition can be made only on the basis of search document can be taken for A.Y. 2014-15    


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  Whether assessment on the basis of notice issued by the Assessing Officer who had no jurisdiction is valid ?
Notice U/s 143(2) issued by ITO wd 20(3)(5), who has no territorial jurisdiction over the assessee for AY 2014-15, actual jurisdiction lies with ITO Wd 19(3)(5), an objection to that effect was filed within 30 days of issue of notice. However ITO 20(3)(5) asked for details time to time and assessee provided whatever the ITO asked for and an order was passed U/s 143(3) with an addition of Rs. 1 cr by disallowing LTCG on shares considering it as bogus.  Assessment was completed without removing objection filed by the assessee for jurisdiction. The assessee is in CIT (A), CIT (A)…


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  Whether the provisional Attachment under section 281B of Income- tax Act after completion of assessment ?
Sir, the IT deppt. had sent to the bank attachment notice of an assessee on february 2020. The assessee's appeal is pending and he has not paid 20% of the demand. He has filed for saty of demand but no reply has been submitted. In the mean time,6 months have elapsed and no extention letter has been sent to the bank for attachment. Can the bank account be released based on expiry of 6 months?


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  Whether one Charitable Trust give Donation to another charitable Trust ?
Dear Sir, One Charitable Trust with 12A and 80G registrations  would like to donate to another Charitable Trust 12A and 80G registrations. In the light of the new amendments, can this be done?.   If it can be done, any steps are precautions to be taken?


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  Whether the investment in share capital market and transactions on regular basis , whether assessable as business income or capital gains?
If the person carrying the whole sale business of any product and, during the year of tax computation, if the same person invested the surplus money in share capital market where the transactions done in all format including cash segment, derivative segment and commodity segment on regular basis. So, how to treat the above transaction in books of account and how to make computation for the same.


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  Whether arbitrary Rejection of Form No – 1 filed under DTVSV Act, 2020 is justified ? , What is the remedy ?
Company filed the Form-1 with declaration on 25-12-2020 without payment of tax on reduction of losses or depreciation as per Rule 9 (1) (ii) of the DTVSV Act, 2020 with option to carry forward the reduced amount of loss or unabsorbed depreciation as per the provisions of said Act. Company received a notice dated 30-03-2021 {practically after 3 months and that too on last date of VSV Scheme} from Ld. Income Tax Authorities mentioning therein the figures of “Unabsorbed Losses” and “Unabsorbed Depreciations” as computed by them with direction to the Company to  revise the  figures of Form-1 as per their…


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  Whether Charitable Trust registered under S.12A of the Act , which is engaged in the promotion of music organising online classes can receive the fees in Foreign Exchange ?
Whether a public charitable registered u/12A engaged in promotion of music by organizing online classes and conducting various programmers. It is not regd under FCRA. Whether it can receive money in foreign exchange from students abroad and also contribution for programmers from foreign rasikas to view the programmers online.


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  When a person desires of setting up a Private Trust where he is the sole beneficiary , whether provision of S. 56(2)(vii) is applicable ?
An individual holding OCI CARD is desirous of setting up a Trust in India and be the managing trustee and the beneficiary till he is alive . He is desirous of transferring his immovable property in India and also his income from abroad to the trust. Will there be any levy of tax u/s 56 (2)(vii) as the recipient is  a trust or there will be no tax as he is the transferor and also the beneficiary


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  Proviso to S.12A(2) is declaratory and will have and has retrospective effect [ S. 11]
Sir, my query is was the following judgement of Rajasthan High Court challenged by CIT in Supreme Court ? thanking you Siddharth CIT v. Shree Shyam Mandir Committee. (2018) 400 ITR 466 (Raj) (HC) S. 12A : Registration –Trust or institution- Appeal before CIT(A) is continuation of original assessment proceedings —.Proviso to S.12A(2) is declaratory and will have and has retrospective effect [ S. 11]


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