Answers By Expert: Law Intern
  Sec. 45(5A)
Landowner in JDA getting one flat in kind and balance area to be sold under revenue sharing 60:40. Promoter selling under construction flats with agreement to sell prior to completion certificate. Does it amount to creating third party rights before cc , liable to violations of provision of 45(5A). Plz Guide  


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  TCS Liability u/s 206C(1)(vii)
During the F.Y 2024-25 the assessee sold the coal and on that TCS liability arises u/s 206C(1)(vii), which reads as under:- "(vii) Minerals, being coal or lignite or iron ore -  One per cent:"   TDS u/s 194Q was done by purchaser Query : Whether in view of the fact that purchaser has made TDS u/s 194Q than the seller is not liable for TCS u/s 206C(1)(vii) ?


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  Gratuity and LE in case of transfer in group entities
A company has transferred certain employees to another group entity along with the related Gratuity and Leave Encashment provisions. The receiving company has increased its provision by debiting the transferring company, and the transferring company has reduced its provision by crediting the receiving company. No actual payment has been made to the employees so far. As per my understanding, the amount transferred should be allowed to the transferring company by treating it as a paid amount, and disallowed for the receiving company as an expense not actually paid under Section 43B of the Income-tax Act, 1961. Kindly clarify whether this…


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  gift of share in a firm to a pvt trust
is it covered u/s 45[4]/9B if 1] donee is a pvt trust for relative 2] donee is a pvt trust for non relative


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  Section 194JA and JB of Income Tax Act 1961
When these sections i.e. 194 JA and 194 JB were introduced in the Income Tax Act 1961?


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  payment u/s 43B
Assessee took fraudulent cenvat credit by fake invoices. Admitted the same during search. Upon order of DCGST paid the entire principal amount of duty . Can it ( not interest & penalty) be claimed u/s 43B or will it be hit by Explanation to section 37 ?


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  TCS liability u/s 206CJ
During the F.Y 2024-25 the assessee sold the coal and on that 206-CJ i.e.. TCS liability arises TDS u/s 194Q was done by purchaser Query : Whether in view of the fact that purchaser has made TDS u/s 194Q than the seller is not liable for TCS u/s 206-CJ ?


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  commercial property
when a new shop is allotted after redevelopment, is it taxable ? any case law ? does it make if it was depreciable ?


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  pre AY 13-14 share premium
Can AO add share premium u/s 68 when share capital for the same is not added ? any case law ? 56[2]viib was non existent in earlier years !


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  Applicability of 44 AD for a non professional running a dental clinic
My mother has invested her money to start a dental clinic. She is not a professional and is just a housewife. We don’t expect big revenue and doesn’t want the hassle of keeping books. The question is can she use 44 AD? The question comes because of contrasting ITAT Verdicts. One type is attacked below(Ranjith Jena case) . But then there is Kety Medicare case of 2025 where ITAT says the opposite(the settings allow only one pdf file to be uploaded. Else i could have uploaded Kety case as well). I am not educated in law to see the difference…


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