Answers By Expert: Research Team
  Sec.154. Rectification of mistake apparent from record
Can a application for rectification be filed where the assessing officer makes an addition under 69A when the section is not applicable In the present case the addition has been made on account of a "transaction" recorded in the books of account. In the present case the assessee a stock broker on clients orders  executed orders of   purchase and sale of shares through the national stock exchanges. on behalf of an alledged paper company  duely registered with the ROC all transaction being carried out through banks and dmat accounts. The total amount RECEIVED on account of such transactions was around…


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  Search and reopening of assessment
Search u/sec. 132 of the Act is carried out in the month of Jan 2023 and incriminating documents are found for the FY 2010-11 to Jan 23 are found. How many years of assessment will be re opened for 6 years or 10 years proceedings the year of search 22- 23.


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  Foreign Investments
An Person of Indian origin, who is having US citizenship,  has after working in Canada and USA for many years, has not settled in India and is residing in India for more than 15 years and his status as per Section 6 of Income tax act is Resident and Ordinary resident.  He is filing regular return in India with respect to his Indian income and He is also filing return in USA with respect to his income in mutual fund, investments etc derived in USA.  He has never shown his investment held in USA in ITR - Schedule FA. So…


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  Sec. 145(3) and assessment U/Sec. 143(3) of the Act.
The appellant is an Association of Person engaged in the business as builder and developer. Search action was conducted in the case of  Group of cases on in the Aug 2016. A Notice u/s 153A was issued and duly served upon the assessee requiring the asseeseee to file return of income including undisclosed income. The appellant e-filed the return of income for A.Y.2015-16 . The assessee was developing a single project and the developer claimed to be following completed contract method of accounting for the purpose of revenue recognition. During the course of hearing various details were called for and…


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  order u/s 148A[d] dropping escapement
this is passed with approval of PCIT, is this final and free from from any other action ?


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  Penalty u/s 271(1)(c)
Assessee is a partnership firm engaged in the business of manufacturing and job work of engineering goods. Search u/s 132 of the Act was carried out in the month of January,2018. While filing return of income in response to notice u/s 153A, assessee firm discloses additional income on account of unaccounted scrap sale. This scrap sale has been worked out by estimating burning loss at the rate of 20% and the assessee firm declared income as unaccounted scrap sale. Penalty proceedings u/s 271(1)(c) are initiated for concealing the inaccurate particulars of income in the assessment order. Notice u/s 274 r.w.s…


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  Carry forward of losses section 79
Background As on 01 April 2022, Company ‘B’ Private Ltd (‘Co. B’) is a wholly owned subsidiary of Company ‘A’ Ltd (‘Co. A’), which is a listed Company.  On sale of shares of Co. B by Co. A, owing to application of Section 79 of the Act what will be the fate of brought forward losses amounting to INR 100. Scenarios Co. B sell its entire shareholding in Co. A to a Listed Company Co. B sell its entire shareholding in Co. A to a private limited Company which is a wholly owned subsidiary of the listed Company Co. B…


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  legal heirs vs aop
1] c0-legal heirs offered rent income as AOP  for years 2] can LTCG be later taxed in individual hands of legal heirs since buyer reuses to buy property from AOP?


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  refund
Many people having  below taxable income in ay 22-23 and 21-22 have not filed returns of ITAX. what is their remedy now  for getting refunds?


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  Wrong Return Form filed and TDS not claimed in the Return
Sir, The return was Originally Processed U/s 143(1). Time limit for revision has elapsed.  Assessee has filed his return in wrong Form i.e. in ITR 4 instead of ITR-3 and by mistake has not disclosed his information regarding his Directorships and Shareholdings in his private limited companies, moreover some TDS credit claims were not made in the return, though the Income was properly disclosed. Rectification could not be filed. My Question is:-  What remedy do the assessee has for claiming his TDS credits, which was not been claimed at all in his Original Return ?  Whether the assessee can file…


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