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| Import ocean freight paid to foreign shipping company is tds deducted | |
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| Excerpt of query: | Dear sir, On Import of goods, we need to paid ocean freight and commission paid to foreign companies is liable to deduct Tds. Please clarify |
| disallowance of purchases | |
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| Excerpt of query: | Assessee is filing return of income and declare profit u/s 44AD. Notice u/s 148 received alleging that you have a bogus purchase from M/s X and why it should not be disallowed and profit declared by assessee shall be incoease by bogus purchase amount. He contended that since purchase is bogus and is considered in arriving net profit at 8%, hence profit will increase by amount of bogus purchase. Please comment. |
| Judgement | |
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| Excerpt of query: | I want to have judgement of Justice Siddhartha Nautiyal, Ahmedabad ITAT Bench on 143(1) and 80P of the I T Act |
| Interest on advances and applicability of Sec 44AD. | |
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| Excerpt of query: | Assesse has been carrying on the business of lending money on interest, he has offered the income of interest u/s Section 44AD at 88% against the statutory requirement of 6%. 12% of the income have been incurred on expenses such as Bank charges, Depreciation, insurance of Car and its running expenses, salary of accountant/manager and Telephone Expenses. The case have been reopened for the A.Y. 2020-21 u/s 148 of the I.T Act, 1961 on the ground that income should have been offered under the head of Income from Other sources. Query: Whether the action of the A.O is justified? Any Case Laws on the issue. |
| Penalty U/SEc. 271(1)(c) of the Act | |
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| Excerpt of query: | Assessee is private limited co and during the course of assessment proceedings AO made the addition U/SEc.14A, Write off advances to 100% subsidiary co established in China and non submission of receipt of donation. CIT A confirm all the additions . ITAT has reduced the disallowance U/sec. 14A to the extent of exempt income. and confirm the addition made by the AO . on the ground of writeoff of advances to subsidiary co on the ground that the assessee failed to substantiate the claim made by the co. AO has levied the Penalty U/SEc. 271(1) (c) for furnishing of inaccurate particulars of income. whether it is justified in law |
| govt job recruitment | |
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| Excerpt of query: | Department of Agriculture, Tripura has advertised for the post of Agri-assistant on 25.09.2018. . But unfortunately till date no written test was conducted in this recruitment process and the process of recruitment was also not completed. The recruitment process kept on hold. My question is how many days a govt job recruitment process could be on hold? Will this recruitment process be considered as cancelled ? |
| Wrong assessment order u/s 148 | |
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| Excerpt of query: | Dear sir , I have received wrong demand order for selling a property in 2015 which actually I have purchased and loan is availed . In this case what need to be done ? 264 or CIT Appeal |
| refund | |
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| Excerpt of query: | We have applied under VIVAD SE VISHWAS SCHEME against the demand mentioned in the Order for the relevant year. income tax authority issued Form 5, but its not updated in their system. and now the authorities also adjusted my refund against that due amount which i have already paid under vivad se vishwas scheme. what is remedy with me ? |
| Levy of Penalty U/SEc. 270A(9) | |
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| Excerpt of query: | Assessee is an individual. Search U/Sec. 132 has been conducted on 4.11.2017. Assessee has not filed the Return of Income for A.Y. 2017-18 U/SEc. 139(1), however the time limit for furnishing the Return was 31.03.2018. Meanwhile the assessee has received the Notice U/Sec. 153A and therefore the assessee has filed the Return of income for A.Y. 2017-18 in response to Notice U/SEc. 153A on 25.03.2018 disclosing the income at Rs. 4750000.00 which included income for LTCG and STCG. The assessing officer has completed the assessment U/SEc. 153A r.w.s 143(3) by making an addition of 675000.00 on account of diffidence between the cost of house property disclosed in the Return of Income and value as per DVO as unexplained investment U/SEC. 69A. and initiated the penalty proceeding U/Sec. 270A(9) for under reporting of Income . on Appeal filed by the appeal before CIT A, who has accepted the contention of the appellant that since difference of Rs. 675000 is less than 5% is is with in the tolerance limit and deleted the addition made . On receipt of CIT A order , A.O. has levied the penalty on the following ground : A. Assessee has responded to penalty proceedings B. Assessee has not raised any ground for initiation of Penalty proceedings U/Sec. 270A(9) of the Act c. Assessee would not have disclosed this income if search action was not conducted at assessee. hence AO levied the penalty U/SEc. 270A(9) under misreporting of income @200% on the entire income of Rs. 4750000.00 disclosed in the return of Income filed in response to Notice U/SEc. 153A Whether action of A.O. is correct ? what reply assessee should give? |
| about composition scheme for manufacturer | |
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| Excerpt of query: | whether a pan masala and tobacco trader who assemble pan on its own then does it amounts to manufacturing of pan masala or it is amounts to trading of pan masala |