Answers By Expert: Dr .K. Shivaram Senior Advocate
  Tapping of phone records
Sir, Does the income tax authorities have a right to listen to the phone conversations? If so, under which provision can they do so? Please clarify.


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  Penalty u/s 271(1)(c) of the Income Tax Act.
Assessee is an individual and has income from partnership firm, interest on fixed deposits. The assessee has filed the return of income for A.Y 2015-16 wherein the income on account of LTCG on sale of agricultural land and interest on savings bank account was remained to be disclosed in the return of income. Therefore assessee submitted a letter before the AO that he was under a bonfide belief that the land being agricultural land situated outside 8 kms from the local authorities, therefore has not offered the income form sale of said land in the return of income. After coming…


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  Long term capital gain or short term capital gain.
Assessee is private limited Co. Assessee is having building as fixed asset and assessee Co is regularly claiming depreciation as per companies Act. However since the year of purchase of building in the FY 2014_15 assessee has not claimed depreciation on building as per sec. 32 of the Income Tax Act. In the financial year 2018-19 assessee Co sold the building and offer profit on same after considering index cost as LTCG, on the ground that since no depreciation has been claimed as per provisions of Income Tax Act.  AO as well as CIT has not appreciated the submission and…


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  Sec. 153C and incriminating documents
Assessee is an individual. during the course of search with his brother and his companies on Aug.2013 following documents were found . a. Cash deposit slip about deposit of cash 1050000/- by the said co. b. Gift deed for gift of shares in Pvt. limited co  by the assessee to his father. and other relatives were found. on the basis of these documents  Notice U/Sec.153C was issued in jan 2016 for A.Y. 2008-09 to 2013-14. while recording the satisfaction the AO has stated that from verification of seized documents it reveals that assessee has certain undisclosed income  for the A.Y.…


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  Time limit to issue refund under VSVS Act 2020 by AO?
My form 5 under VSVS 2020 has already been issued by the department 4 months back granting me refund. The same has not been issued by the AO to us, even after 4 months of issuance of Form 5. Kindly update me with, what is the time limit for issuance of refund under VSVS 2020 & where we can file complaint against the AO? What is the process of filing a complaint against AO to PCIT for not issuing refund under VSVS 2020?


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  Is rectification order is valid after issuance of Form 5 of VSVS
My assessee received Form No.5 of VSVS and afterwards in the Income Tax Department Internal Audit or AG Audit came and raised an objection regarding incorrect calculation of interest although completed through ITBA portal. Subsequently the AO issued notice u/s154 and passed order u/s154 raising the tax liability. Is this stand of the department is correct or challengeable in appeal or petition u/s264 may be filed or writ in HC may be filed.. Please suggest..


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  Section 68 of Income Tax Act
In the F.Y 2019-2020, assessee received gift of Rs. 1 crores from his grandfather by account payee cheque and supported by proper gift deed. Grandfather is assessed to tax regularly and had income of Rs. 5,00,000/- for the F.Y 2019-2020 which comprises of income from House Property and interest. During the course of assessment proceedings, assessing officer issued a show cause to the assessee asking him as to why the addition u/s 68 of the Act should not be made in respect of receipt of gift from the grandfather as grandfather had only income of Rs.5,00,000/-. Assessee submitted the affidavit…


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  Section 56(2)(viib)
Assessee is a start up company and issued the shares to the investors at a premium of Rs. 200 per share. During the course of assessment proceedings for A.Y 2020-21, AO issued a show cause as to why share premium received by the assessee company should not be taxed in the hands of the company under Section 56(2)(viib) of the Act. The assessee company submitted a detailed reply,however the AO proceeded to make addition under Section 56(2)(viib) on the ground that the assessee company could not give proper justification for acceptance of the premium, without considering the fact that the…


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  remand report
Can AO file second appeal before ITAT  against order of CIT[A] 1] when his predecessor accepted in remand report that correct quantum of addition was below low tax effect & 2] and CIT [a] deleted addition on merits ?


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  refund under Vivad se viswas Tax 2020
What is the remedy for non payment of refunds under  VSVT , 2020 ? Is it liable to any compensatory interest ?


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