Answers By Expert: Research Team
  Refiling of appeal
Assessment order was completed u/s 144 of the Act by making an addition of Rs. 20,70,000/- along with demand notice raising demand of Rs. 1,03,62,001/-. In the computation sheet gross total income was considered at Rs. 82,80,000/-. An assessee filed an appeal against the said order before CIT(A). The assessee has also filed an application u/s 154 of the Act pointing the mistake apparent from record in the computation sheet enclosed along with the demand notice. The AO has passed order u/s 154 on 11.02.2020 and reduced the income by Rs. 62,10,000/- and raised the revised demand of Rs. 25,90,455/-.…


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  Penalty proceedings – 270A
Sir, Are the penalty proceedings u/s 270A mandatory in nature? In every case where there is an addition made during assessment proceedings, will it result in initiation of penalty either by way of under reporting or mis reporting? Is the legal precedence established by the Hon'ble SC in various cases like that of Reliance Petro Products, Ashok Pai etc., no longer applicable?


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  VSV FORM4 SUBMISSION – FIle Name Format for Proof withdrawal
My Form 4 is not accepting by new portal in the final stage of FORM4 submission . Shows reason " Invalid format of ARN" . I am able to enter payment details.(no option for challan attachment ). Asking for proof of withdrawal. Appeal pending with CIT(A). Even if attaching acknowledgement of submission on hearing and attaching that acknowledgement, showing error. Any specified format for APPEAL withdrawal proof on FORM4 .


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  Whether penalty u/sec. 271D can be levied on undisclosed money surrender by the assessee during search/ Survey under Income tax Act 1961.
During the course of search/ Survey action some incriminating documents found which indicates assessee has received on money in cash in excess of Rs. 2lakh  from flat purchasers. He surrender the same and paid the taxes. Whether penalty U/Sec. 271D can be levied on this on money taxed as undisclosed income.


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  reassesment u/s 147 when CIT exercises revisonal powers
Sir, In one case, the CIT u/s 263 has set aside an assesssment u/s143(3) for a particular issue to be verfied by the assessing officer. However for the same assessment year, the assessing officer has re opened u/s 147 on another issue. Whether two proceedings  is possible for same  assesment year. How to proceed to  re opening notice, pl advice


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  LTCG deposit closure is questioned by the assessing officer why construction cost not included for registration
guidance value of an apartment which was booked with the builder during 2008, and took the possession in 2010. during the registration process, the builder registered under karnataka registration act the uds land portion cost ( based on guidance value) as per the agreement where as the construction cost of the apartment not included for registration purposes. it was practice generally followed by the builders for all the owners who so ever booked the property. During the relevant F.Y 2015 - 16  the assessee has sold house property for a consideration of Rs.1.00  crores as per sale deed document. The…


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  NOTIONAL RENT u/S 22 AND 23 IN CASE OF RESIDENTIAL UNITS HELD IN STOCK IN TRADE BY BUILDERS
A partnership firm engaged in to real estate and construction activity. During the course of assessment proceedings, the Ld. Officer had raised contention of calculating notional rent U/s 22 and 23 of the Income Tax Act, 1961 for AY 2017-18 on 6 unsold completed units held as stock in trade of the business, for which BU permission was already received 1 year ago. The Ld. Officer computed notional rent and made addition under the head “Income from House Property”. Is the Officer right in making such addition, given the facts that the partnership firm (builder) was holding such unsold unit…


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  Penalty Appeal before ITAT by Department
In the aforesaid query the addition was made on account of investment in construction of house and the assessment was completed u/s 143(3)/147


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  Satisfaction Note before issuance of search warrant u/s 132
A search was conducted at various places of a group "G" thereafter, search was conducted in the case of persons who are connected or related with group "G".  Search was conducted at the premises of Mr. X under the wrong presumption that Mr. X is connected/related with group "G".  Mr. Y was similar named person of Mr. X. Actually, search was tobe conducted at the premisis of Mr. Y whereas it was wrongly conducted at the premises of Mr. X.  During the search at the premises of Mr. X, not a sigle document / paper / valuable article or any…


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  HUF
In an HUF account, if a co-parcerner passes away, I have 2 queries: 1) Are his wife & daughter entitled to his share in the HUF? 2) Can the Karta of the HUF decide how to distribute the deceased co-parcerner's share?


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