Answers By Expert: Research Team
  filing of form for getting approval u/s 35
Sir, A company regd under sec 8 of the Companies Act, doing statistical  research wants to apply u/s 35(1)(iii) of Income Tax Act. Prescribed form for getting approval be adviced.  whether it can be applied for the year 2020-21. condonation is required,  kindly advice.


► Read Answer

  Jurisdiction of sec 153C
Panchanamma and other related documents like seizure, inventory in the name of the assessee. Is AO correct if he invokes 153C when separate oath statement has been taken at the time of search seeking all clarifications about records and documents found in the name of the assessee himself


► Read Answer

  IDS- 2016 and Credit of Advance tax
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 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 in IDS. On the basis of this information the AO issued Notice U/Sec.148  for A.Y. 2017-18, on the ground of Invalid declaration due to non payment…


► Read Answer

  NON RECIEPT OF FORM 5
I am the legal heir for my dad and dealing with an IT notice for AY 2012-13. I opted for VSV scheme and paid the full amount of tax on NOVEMBER 06,2020. I   am yet to receive form  5 from the authorities. But I have so far I have been served three notices of faceless assessments as well as summons for First appeal proceedings Also the case was supposed to be time barred on 30th september 2021. now suddenly. the date has shifted to 31st march 2022.  I have not received any  communication (sms/mail/notification  on my account) for the same.…


► Read Answer

  Non-cooperation by Assessee
A practical issue has arisen, though it is not of Technical Nature, but of an Administrative Nature, causing the concerned CA many practical difficulties, especially considerable space of his Office being occupied by the bulky Records of the Assessee. A Partnership Firm has presently pending litigation under the Income Tax Act, 1961 related to around AY 2005-06. Its Partners have refused to take back all Records of that Firm related to that AY from CA’s Office despite repeated request by him from time to time for the reason best known to them. Can CA request the following Authorities / Court…


► Read Answer

  FILING OF APPEAL AGAINST CPC DEMAND
ASSESSMENT PROCEEDINGS FOR AY 2018-19 CONDCUTED AND ASSESSMENT ORDER PASSED WITH NIL ADDITION, ACCEPTING THE RETURNED INCOME. BY NFAC DELHI. WITH RESPECT TO ASSESSMENT PROCEEDINGS UNDERTAKEN BY NFAC DELHI, NO COMPUTATION SHEET OR DEMAND NOTICE IS ISSUED. ONLY ASSESSMENT ORDER IS RECEIVED. LATER ON, CPC BANGALORE HAS RAISED DEMAND ON PORTAL AGAINST THE SAID AY ON ACCOUNT OF NON-GRANTING TDS CREDIT. WHAT ACTION SHOULD BE TAKEN? IT APPEAL IS REQUIRED TO BE FILED, THEN AGAINST WHICH ORDER, APPEAL SHOULD BE FILED?


► Read Answer

  Notice u/sec 153C of the Act and incriminating material
Assessee has individual who has purchase flat from Builder. There was search at the premises of Builder from whom assessee has purchased flat. During the course of search one statement in excel format in which name of flat holders, flat no, agreement value and on money , area etc mention. Builder has accepted that his additional income earned by him and paid the taxes. On the basis of this incriminating material and statement of Builder Assessing Officer has recorded a satisfaction note that on money amount is income to be taxable in the hands of assessee and sent the satisfaction…


► Read Answer

  WAIVER OF PENALTY U/S 270AA AND 273A
PLEASE EXPLAIN UNDER WHICH SITUATIONS, SEC 270AA AND 273A CAN BE TAKEN AS A STAND. Q - ASSESSMENT ORDER PASSED WHEREIN CERTAIN ADDITIONS WERE MADE. EVEN AFTER ADDITION MADE - THERE WAS NO TAX PAYABLE (REFUND AMOUNT GOT REDUCED). THEREAFTER PENALTY PROCEEDINGS UNDERTAKEN U/S 270A AND PENALTY FOR UNDER-REPORTING AND MIS-REPORTING LEVIED. AGAINST THE SAID PENALTY ORDER, APPEAL HAS BEEN FILED AND STILL PENDING. Q1 - CAN WE RESORT TO SEC 270AA - AS THERE WAS NO TAX PAYABLE. THE PERIOD OF 30 DAYS TO FILE APPLICATION UNDER THE SECTION HAS ALREADY EXPIRED. ANY CASE LAW WHERE SUCH DELAY IS…


► Read Answer

  TDS DEDUCTED IN ONE ASSESSEE BUT TO BE CLAIMED IN ANOTHER ASSESSEE
DURING AY 2017-18, PROPREITORSHIP FIRM WAS CLOSED AND PVT LTD COMPANY WAS FORMED. ALL THE WORK/CONTRACT WERE EXECUTED AND UNDERTAKEN IN PVT LTD COMPANY, BUT THE CONTRACTOR DEDUCTED TDS IN INDIVDUAL/PROPRIETORSIP FIRM. THE INDIVIDUAL IN HIS RETURN HAS NOT OFFERED ANY CONTRACT INCOME AND ALSO NOT CLAIMED THE TDS REFLECTED IN HIS FORM 26AS. AND THE PVT LTD COMPANY HAS OFFERED ALL THE INCOME AND ALSO CLAIMED TDS WHICH IS REFLECTED IN FORM 26AS OF INDIVIDUAL. ASSESSMENT PROCEEDING U/S 143(3) OF PVT LTD COMPANY FOR SAID AY UNDERTAKEN, WHEREIN NO ADDITION WAS MADE AND RETURNED INCOME WAS ACCEPTED. BUT IN…


► Read Answer

  Reassessment proceedings U/Sec.148
The assessee  is a Charitable Trust engaged in running a Primary School  solely for educational purposes. The only income earned is by the way of Tuition Fees from student and Interest income. The assessee trust  had its original return on 19.08.2016. and revised return of income for A.Y. 2016-17 on 26.06.2017, where there were lots of errors and the claims which were incorrect. such as assessee trust has claimed the the trust is registered U/Sec.12AA by quoting incorrect registration number, when the trust was not having registered U/Sec.12AA of the Act. The  AO served notice under section 148  in response…


► Read Answer