Answers By Expert: Dr .K. Shivaram Senior Advocate
  DOCUMENT FOUND DURING INCOME TAX SEARCH WHICH IS NOT ACCEPTED BY ASSEESEE
DURING THE COURSE OF SEARCH AT ASSESSEE'S PREMISE (LET SAY ABC PVT LTD BEING A JEWELLER), CERTAIN INFORMATION WAS EXTRACTED FROM COMPUTER/HARDISK SEIZED WHEREIN IT WAS MENTIONED IN EXCEL FILE  - DETAILS OF OTHER PERSON (SAY XYZ), HIS ADDRESS, DATE OF CASH RECEIPT FROM XYZ FOR PURCHASE OF JEWELRY. IT WAS A EXCEL DOCUMENT AND DID NOT CONTAIN ANY SIGNATURE. 2. CONSIDERING THE ABOVE EXCEL FILE EXTRACTED AS INCRIMINATING MATERIAL PERTAINING TO OTHER PERSON (XYZ), ASSESSMENT PROCEEDINGS U/S 153(C) WERE UNDERTAKEN OF XYZ. XYZ HAD CLEARLY DENIED SUCH INFORMATION AND TAKEN STAND THAT HE HAS NOT PURCHASED ANY SUCH JEWELRY…


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  Form-5 Pending
we have filed form 1 & 2 application for DTVSV on 21-12-2020 for A.Y.2018-19, on 22-12-2020 form 3 is issued by department and payment was made accordingly and form 4 was filed on 04-01-2021 but till than form 5 was not issued by the department. many grievance were also filed but no response received from department. when we try to get response form department we come to know that there is some technical error in the system and advised us to file form 4 again but even that the issue remain unsolved.


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  CONDONATION FOR DELAY IN FILING ITAT APPEAL
ASSESSEE  FILED APPEAL WITH ITAT AFTER DELAY OF 1300 DAYS WHICH WAS DUE TO  ADVISE GIVEN BY CA NOT TO FILE . LATER DURING PENALTY PROCEEDINGS , NEW LEGAL COUNSEL ADVISED TO  FILE QUANTUM APPEAL  IN ITAT AS LEGAL ISSUES WERE INVOLVED. HENCE APPEAL WITH APPLICATION FOR CONDONATION AND AFFIDAVIT WAS FILED  . RELIANCE WAS PLACED ON APEX COURT DECISION  IN THE CASE OF COLLECTOR. LAND ACQUISITION 167 ITR 471 AND 3  JURISDICTIONAL ITAT DECISIONS IN FAVOUR WERE CITED. DELAY FOR CONDONATION WAS REJECTED AND APPEAL WAS  DISMISSED. WHILE DOING SO ,NONE OF THESE DECISIONS WERE CONSIDERED AND FOR REJECTION…


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  bank account of HUF
Whether the co-parcener or Manager of Hindu undivided family may be the authorized signatory in Banks account


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  CONDONATION OF DELAY
As per the order of the Honourable Supreme Court, any appeal due for filing between 15.03.2020 and 28.02.2022 may be filed within 90 days from 01.03.2022. My query is whether in such as case, the appellant is required to file an application for condonation of delay. If yes, whether an affidavit is also required to be filed. Kindly guide.


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  HOW TO GET REFUND AS PER FORM 5 ISSUED UNDER THE DIRECT TAX VIVAD SE VISHWAS
WE HAVE RECEIVED FORM 5 UNDER DIRECT TAX VIVAD SE VISHWAS SHOWING TOTAL REFUND OF Rs.64,753/- ONLY BEARING ACKNOWLEDGEMENT NO. 806265520111220 FOR CERTIFICATE NO. 740533270231120 DATED 23-11-2020. BUT TILL NOW WE HAVE NOT RECEIVED THE REFUND AMOUNT. NOW WHAT SHOULD I DO TO GET THE REFUND AMOUNT.


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  whether one WP can be filed for two assessment years if issue involved is same
assessee is partnership firm. has received the Notices U/Sec. 148 for A.Y. 2013-14 and 2014-15 after 31.03.2021. Therefore, wishes to challenged the  validity of the same . whether assessee has to filed two separate WP or can file One WP mentioning facts for each year separately in the petition. pl guide


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  Procedure for Withdrawal Appeal filed to Commissioner of Income Tax (Appeals)
Dear Sir I have filed appeal against the order under section 143(1) of the Income Tax Act 1961 passed by NGP-W-(4)(4) vide DIN No NA on 3/11/2021 for AY 2020-2021 to Commissioner of Income Tax (Appeals)Income Tax Department. This Appeal I have filed in addition to Rectification Request filed in favour of Income Tax Assessing Officer.  But Last I have got notice from Commissioner of Income tax(Appeals) stating that I have to submit  ground wise written submission , alongwith suporting documentary evidences on or before 24th April 2022, But inbetween  on 12th April 2022 I have got order against my…


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  ASSESSMENT U/SEC. 153A when no incriminating material found
Assessee is AOP engaged in the business of construction and developing of housing project . Assessee is consistently following project completion method for recognizing revenue . In this method , the assessee is offering the Revenue when the possession  of the unit is givne to buyer after obtaining completion certificate. During the course of search action nothing incriminating documents have been found . The Assessing Officer during the course of search recorded the statement of member of AOp and asked details of the project and about advances received from unit purchasers. On the basis of the details question was asked…


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  Disallowance of Bogus purchases
Assesee is pvt limited co engaged in the manufacturing of steel billets. Search action U/sec. 132 was conducted In the month of May 2021. Notice u/Sec. 148 dated 28.03.2021 for A.Y. 2017-18 on the basis of information of Sales tax department about purchases one party. Assessee could not upload the return on due to problem at site , also have evidence for that, as complaint also made. So ultimately on 1.03.2022, assesee has submitted return manually to consider the original return filed u/sec.139(1) as return in response to Notice u/Sec. 148. Then asked the reasons and took objections. AO passed…


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