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| Deed of Release and Reconstitution of HUF | |
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| Excerpt of query: | Attached is a draft of Deed of Release and Reconstitution of HUF. The HUF has a Karta, a Member (wife) and 2 coparceners, one a married daughter and other unmarried son. We intend to reconstitute the constitution of HUF. The Member ( wife ) and one coparcener (married daughter) will be leaving / exiting the HUF voluntarily and then the Karta and unmarried son will continue with the HUF in same name. There is no transfer of assets involved. What will be stamp duty payable in Maharashtra and under which Act or Govt Orders. It will be nice if exact case law references are shared. Thank you |
| Applicable of section 194i on lease property | |
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| Excerpt of query: | I have taken a land from Cuttack development authority for 99 years lease now the income tax department asking why 194 i will not be applied. kindly justify the same |
| Section 45(A) R/W 54 | |
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| Excerpt of query: | My case is I have given for JDA and got six Flats in return. Occupancy Certificate issued in this FY. I have sold two flats in this FY and want to retain 4 Flats and claim deferment of Tax for retained Flats. |
| ITC REVERSE RATE DIFFERENCE | |
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| Excerpt of query: | Sir, A gst registered medicines retail dealer tax rate 12 percent tax rate decrease 5 percentage from 22-09-25 Question; Dealer tax rate difference benefits itc reverse compulsory. |
| please give any case law for condonation of delay in filing of appeal with cit appeals | |
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| Penalty u/s 271E | |
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| Excerpt of query: | While the Re-assessment proceedings based on the finding in a third party search holding the fact of cash transaction itself pending in appeal which remains subjudice, whether such Penalty to be levied without waiting for decison in the appeals against re-asst proceedings. |
| E filed ITR after due date with a fine of ₹5000/-. While e filing “Access Denied” error occured, which can be corrected only by the income tax dept. Correction is made after due date, so I have to pay the fine. So I request to refund the fine already paid. Am I eligible to get the refund? | |
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| Excerpt of query: | Content as given above |
| Reopening for AY 2016-17 | |
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| Excerpt of query: | Reassessment Summary – A.Y. 2017-18 Original Notice u/s 148The first notice under section 148 was issued by the Jurisdictional Assessing Officer (JAO), Ward 31(1)(1), Mumbai on 27.04.2021, i.e., during the transition period between 01.04.2021 and 30.06.2021. Subsequent Proceedings post-Ashish Agarwal JudgmentAfter the Ashish Agarwal decision of the Hon’ble Supreme Court, a notice under section 148A(b) was issued on 26.05.2022 by ITO Ward 2(2)(3), Mumbai (a different officer).Thereafter, the order u/s 148A(d) and fresh notice u/s 148 were issued on 30.07.2022, after obtaining approval from the PCIT. Issues for Consideration Jurisdictional Validity of NoticeThe reassessment notice u/s 148 can be issued only by the Jurisdictional Assessing Officer. If the subsequent notice (by Ward 2(2)(3)) was issued by an officer other than the JAO, such notice is without jurisdiction and therefore invalid in law. Escapement Below ₹50 LakhsAs the alleged escapement of income is less than ₹50 lakhs, the reassessment itself is barred by limitation and invalid, as held by the Mumbai ITAT in: Amina Aslam Qureshi v. ITO – (ITA No. 769/Mum/2025) Mrs. Nayna Ashok Shah v. ITO – ITA No. 6247/Mum/2024 Pankaj Chandrakant Pimple v. ITO [2025] 174 taxmann.com 169 (Mum-Trib.) Invalid Approval by PCIT as approval of the Principal Chief Commissioner or Principal Director General or Chief Commissioner or Director General is required. |
| Sec. 45(5A) | |
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| Excerpt of query: | Landowner in JDA getting one flat in kind and balance area to be sold under revenue sharing 60:40. Promoter selling under construction flats with agreement to sell prior to completion certificate. Does it amount to creating third party rights before cc , liable to violations of provision of 45(5A). Plz Guide |
| TCS Liability u/s 206C(1)(vii) | |
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| Excerpt of query: | During the F.Y 2024-25 the assessee sold the coal and on that TCS liability arises u/s 206C(1)(vii), which reads as under:- “(vii) Minerals, being coal or lignite or iron ore – One per cent:” TDS u/s 194Q was done by purchaser Query : Whether in view of the fact that purchaser has made TDS u/s 194Q than the seller is not liable for TCS u/s 206C(1)(vii) ? |