Answers By Expert: Research Team
  Rectification of Order Passed U/s 147 r.w.s 144
Dear All, I have one query: The assessment Unit of The Income Tax Department has passed order U/s 147 read with section 144 for the A.Y. 2018-19. While making assessment U/s 144, the credit of Tax deducted at Source (TDS) has not been given by the assessment unit. As a result, there is increase in income tax demand to the tune of TDS and thus interest U/s 234a is charged on total tax liability. How to apply for rectification of such order? Only Rectification of intimation U/s 143(1) can be applied for through Income Tax Portal. Appeal to CIT Appeals…


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  Vishnu Moorthy
The Assessee wrongly quoted the TAN in her return for the financial year 2013-14.  Demand raised under sec 143-1 for the said financial year in Aug 2015.  Now only she notices the demand but eight years have already passed.  Now, she could not file any rectification or revision.  What is the way out?  Should she file the petition under sec 264?


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  Revision U/s 264 of Order Passed u/s 147 r.w.s 144
Dear Sir, Order passed by the Assessment Unit, Income Tax Department for AY 2018-19 and a Demand of Rs. 12 Lakh raised, notice of demand u/s 156 issued. Assessee is a retired employee and did not file his return for AY 2018-19. The assessee could not response to any notices issued by the Department till date as he is diagnosed with Cancer and his consultant did not inform him of the notices. My query is whether apart from revision of order u/s 264 or appeal before CIT(A), any other options available so that he can submit his responses and file…


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  Taxability / TDS on ‘FMV’ of RSU /ESOP , as perquisite, when vested
To ADMN. Regret that my query posted on the Topic, a few days ago, has thus far remained to elicit  an eminent ANSWER  from your inhouse EXPERT; will you please have it attended ! To Add: As per my  information, in US and HK, - may be , in certain other countries as well, - unlike in India,  there is no taxation of 'perquisite' - hence no TDS, by employer-company in the year in which RSU is vested. That is, unlike in India , RSU  attracts tax liability (CGT) only on its 'Sale ', in the year of sale  .


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  Section 264 vs CIT(A)
If the assessee has filed an appeal before CIT. But now assessee has to file application for revision of order under section 264. Can assessee can do so? As withdrawal of appeal is not allowed and as per section 264(4) assessee cannot file application for revision of order if his appeal is pending before CIT(A)


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  Goodwill
pls analyse this order


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  Benami Prorperty
When an employer  owns up  jewellery found and seized during a search from one locker in the name of an employee , 1] can addition be made in the hands of both or either or none ? 2] Will answer 1 change if jewellery is appearing in books of employer ? 3] Will answer 2 change if only grams tally but not items ? 4]  can it be treated benami property ? If yes, in whose hands ?  


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  Regarding income tax summons notice unde sec 131(1A)
Dear sir I have received an notice from income tax department but in that there no assessing year and with the Din no it was also not found how find as it is genuine notice


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  TDS on dividend income on shares transferred to wife
I have transferred some shares to my wife. The income from dividends is offered by me u/s 64 for taxation. However I do not get the benefit of TDS made on those dividends. What steps I am required to take to claim the TDS in my return which is shown in her Form 26AS.


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  reasonable mark up
Post "New Noble Educational Society 'judgement of SC, what is Reasonable mark up ? Whether section 11 is virtually overridden? Is it at par with now litigation in Transfer pricing ?        


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