Answers By Expert: Research Team
  Reassessment proceedings U/SEc.148
Assessee is a charitable trust running a primary school. Assessee trust do not have registration U/sec.12 AA. His consultant has filed the Return of Income by mentioning incorrect number of registration U/sec. 12AA of the Act. Also filed application for registration.  His application was rejected by the CIT on the ground of various defects in the financial statement submitted along with ROI and incorrect mentioning of Registration number. Notice u/sec.147 was issued . In response to said notice the assessee trust has filed the Return of Income where in all the errors in earlier Return filed were corrected and since…


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  Reassessment u/sec. 147
Assessee firm Made a declaration under IDS 2016 disclosing regular income for AY 2016-17. However, could not make payment 3rd installment.  On the basis of invalid declaration of IDS , 147 notice for AY 2016-17 was issued and assessment was  completed by considering the income declared under IDS -2016. Assessee filed an appeal against the said order and since appeal was pending , opted for VSVS and complied with all conditions and also received form 5. Again notice u/sec 147 is issued on 31.03.2020 for AY 2017-18 on the ground of invalid IDS declaration. Whether action of AO is justified…


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  why no recent judgements are uploaded after april 2021
why no recent judgements are uploaded after april 2021


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  Reassessment proceedings U/sec. 148 on the basis of rejection of IDS declaration
Assessee firm has filed a declaration under IDS where in they have disclosed for AY 2015-16: Rs. 9,82,24,010/- as Business Income and For AY 2016-17: Rs. 1,15,04,953/- as Business Income. In the said declaration the assessee firm claimed the credit for the Advance Tax ,self assessment tax paid prior to date of IDS 2016  and TDS for both the assessment year However CIT has denied the credit for the said payment on the ground that it is not permissible to give credit of advance tax and self assessment tax  in IDS. On the basis of this information the AO issued…


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  RELEASE OF JEWELRY AND CASH
Sir In case of D search takes place in FY 2019-20 and few jewelry and cash was seized. No assessment u/s 153A was completed till 30-09-2021, being extended period of limitation for completion of assessment. However in Oct-2021 AO issues notices u/s 153C for AY 2013-14 to AY 2020-21 ie for 7 years. please tell if these notices are valid in view of non applicability of Sec 153C from 01-04-21 onwards, as the date of search in such case will be oct 2021 when the documents handed over to AO of other person has been over by AO of searched…


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  Applicablity of Section 56(2)(vii)(b) on purchase of rural agricultural land -A.Y.2014-15
Rural agricultural land purchased as per documents at Rs. 9,00,000/- and DLC rate was 37,00,000/- (Local stamp duty rate). AO made addition of this difference u/s 56(2)(vii)(b). whether AO's action is correct when rutal agricultural agricultural land is not subject to capital gain in thehands of saller. Kindly quote case laws on the subject. Smilar situation is in the A.Y. 2015-16,2016-17 and 2017-18. Kinly guide.


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  Exemption of Leave Salary Encashment received by Govt. and Non-Govt Employees.
In the case of non-government employees, the exemption under section 10(10AA)(ii) is to be  determined with reference to the leave to their credit at the time of retirement on superannuation, or otherwise, subject to a maximum of cash equivalent of leave salary of ten months' leave calculated on the basis of average salary drawn during the 10 months immediately preceding his retirement. The entitlement of earned leave cannot exceed 30 days for every year of actual service rendered. This exemption  is to be further limited to the maximum amount specified by the Government of India. The maximum limit of exemption…


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  Reassessment proceedings under Section 148 of Income Tax Act
Can CBDT override the delegated legislation? Can notice be issued under Section 148 according to the old regime, despite the new regime?


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  Direct Tax Vivad se Viswas Act.
Assessee has filed declaration under DVSVS Act  , and out of total tax payable under the scheme, paid substantial amount before 30.09.2021. Whether assessee has to pay additional tax @10% on gross tax payable under the scheme or on the net amount payable after deducting the amount paid before 30.09.2021. PCIT has considered additional tax @ 10% on the gross amount payable under DTVsVAct.  Please guide


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  credit of payment of taxes under IDS to declaration under DTVSVS
The assessee  is an individual and derives income from the business promoter builder. The assessee has disclosed an income of Rs.15,50,000/- under the Income Declaration Scheme (IDS) 2016. The assessee has paid two installments under IDS -2016. However, assesse has not paid the third installment of tax on such declared income under IDS, 2016 due to reasons beyond his control. The total amount paid under IDS was 3,48,752/- The assessment for the year under consideration was reopened u/s 147 of the Act by issue of notice u/s 148 of the Act dt 30.03.2018 and duly served to the assessee. AO…


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