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| New provision u/s 43(B) regarding payment to spplier of Goods & Servies regstered under MSME Act, 2006 | |
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| Excerpt of query: | If a person filing ITR under presumtive taxation receives goods & services from registered entity under MSME Act and defaults in making the payment u/s 43B of I.T. Act, 1961 whether legally consequences of default in payment as per Sec 43B will be applicable? Since sections of presumtive taxation starts with “Notwithstanding anything to contrary contained in Sections 28 to 43C…” Section 43B starts with “Not withstanding anything contained in any other provision of this Acr…” My point is provisions of Section 44 comes subsequently to 43B but non obstantive clause in Sec. 43B appears to have wider coverage so as to overide non-obstantive clause under presumtpive taxation. Please give case laws on the issues,if any. |
| Immunity form | |
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| Excerpt of query: | Respected sir Myself Ankalkote Siddheshwar tax consultant from latur Maharashtra wants to convey you where Got immunity form ? Wants to request you kindly provide immunity form format |
| ISSUANCE OF NOTICE U/S 143(2) AFTER ISSUANCE OF SHOW CAUSE UNDER 144B(xii)(b) | |
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| Excerpt of query: | THERE ARE 3 ASPECTS IN A CASE WHICH NEED CLARIFICATION – CAN AO ISSUE NOTICE U/S. 143(2) AND NOT ATTACH THE REASONS FOR REOPENING EVEN THOUGH IT IS MENTIONED IN THE NOTICE. AND AS AN AFTER THOUGHT SEND A NOTICE U/S. 142(1) WITH THE REASONS. CAN THAT MAKE THE NOTICE U/S. 143(2) INVALID AND WITHOUT APPLICATION OF MIND. SHOW CAUSE SENT ON SATURDAY NIGHT AT 9PM WITH A DUE DATE ON SUNDAY AND SUBMISSION BUTTON DISENGAGED ON MONDAY AND FINAL ASSESSMENT ORDER PASSED BY AFTERNOON OF MONDAY….. WONT THIS QUALIFY AS BEING AGAINST PRINCIPLES OF NATURAL JUSTICE. |
| Cash deposit in saving bank account generated through business and business entity is also having current account | |
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| Excerpt of query: | Assessee has made cash deposit in his saving bank account stating that cash was generated through business run by one of the family member. As the cash handling charges in the current account of business is too high and to avoid such charges, assessee is depositing cash generated from business entity into his saving bank account. Assessee has also submitted that the funds were transferred to current account of the business entity within a span of 1 or 2 days. AO has made addition U/sec. 68 on the ground that the amount is unexplained cash credit and to be added U/sec. 68, even though assessee has given complete details/documents of the persons from whom cash is received. Whether addition u/s 68 is justifiable ? |
| Section 244(1A) | |
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| Excerpt of query: | Order for A.Year 2004-05 was passed u/s 143(3) & deman created which was partially paid as we were in appeal,after CIT Appeals,Tribunal & High Court we got favourable order in our favour in 2012 & after writing & visiting department order u/s 262(3)/143 was passed on 2.7.2018 but refund was received on 27.10.2020 & later on received refund against interest on 18.8.2022 & after rectifications u/s 154 received refunds again on21.11.2023 I am asking interest u/s 244(1A) but department has paid interest @6% that too upto 2.7.2018 date of order passed u/s 262(3)/143,want clarification on same. |
| Value of land in sale of Under construction flat under GST | |
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| Excerpt of query: | Assessee is a developer and engaged in the business of developing of real estate project. He has calculated the GST liability on sale of under construction flats as per agreement to sale with flat purchaser by taking deduction of 1/3 of the consideration . In the GST Audit , departments is denying the deduction for 1/3 for the land on the ground that there is no involvement of share transfer of land in the agreement to sale and land is transferred only when the sale agreement is executed with the society . Is the interpretation of the GST audit department is correct ? What is remedy for the assessee co in this situation . Pl guide |
| TDS liability | |
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| Excerpt of query: | Let me know TDS Liability in case of Import Freight paid to foreign shipping company |
| Case of fraud committed by a government employee | |
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| Excerpt of query: | Sir, I had sent two letters worth Rs 22 + 22 = Rs 44 through post office on 30/01/2023 by registered post in which I had made online payment but the postal department employee said that the payment was not made and asked for cash payment. He took Rs 88 and also said that if the money has been deducted from your account then it will be returned within 24 hours. But after 24 hours the money did not come, so when I went to the post office to collect the remaining Rs 44, the said employee told me that he would return in 10 days. After 10 days when I went to take the money then he said that we do not know anything about this and we do not recognize you. We won’t give you any money. Then I complained to the post office. But no solution was found. I was charged Rs 88 instead of Rs 44. I continued to be harassed for almost a year. But I could not get my Rs 44 back. All I had in my mind was why I am double charged. Then when I asked for information about payment mode from RTI, I was told that the payment mode was cash. But there is a record of sending payment from my phone through Google Pay to the account of department of posts. Thousands of rupees were spent in my attempt to get 44 rupees. Everyone calls me an idiot. But I still feel pain that double the money was wrongly taken from me and I was defrauded. A lot of harassment happened to me. I have some questions in my mind whose answers I want to know. Please try to provide answers to my questions. I will be grateful to you. Question: Can I go to court for Rs 44? Question: Will I have to go to consumer court? Question: Will I get the expenses incurred to get Rs 44 from the court? Question : Does my case fall under the category of fraud? |
| Exemption under section 10(23C)(iiiad) | |
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| Excerpt of query: | whether exemption under section 10(23C)(iiiad) can claim against notice of section 148 for AY 2016-2017 |
| Appeal against rejection order by the DRP and assessment order passed by the AO | |
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| Excerpt of query: | Dear sir, I have filed an objection before the DRP and there was a delay of 11 days and on which sole ground the DRP rejected the objection filed by me. Meanwhile, the AO has confirmed the draft Assessment Order. Now where appeal lies I mean before the CIT or the ITAT. Thanks. |