What is a distinction between “Burden of Proof” and “Onus of Proof”?

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A is holding rural agricultural land since before 2001. Subsequently he has converted such land as NA land and now sold it. Question is which value should be consider for 2001? Agriculture land value or NA land value? Any other suggestion for computation of capital gains.

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Assessee is promoter and Builder. During the course of carrying of business, assessee accepted one time deposit from flat purchaser for future maintenance of the building. AO is of the opinion that it is taxable in the year of receipt, where as assessee is saying that is not taxable in his hands as assessee is only custodian and after deduction of expenses incurred for maintenance, will be handover the balance to society. What is the correct position?

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Whether the loan given to the subsidiary company is a “capital asset” within the meaning of section 2(14) of the Income Tax Act and any loss incurred on “assignment” of such debt to the third party can be claimed as a short term capital loss?

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Assessee is an individual and purchase flat with one developer . During the course of search at builder , some loose papers were found where noting about on money were recorded. The builder has stated that these noting are in respect of extra work carried out by contractor for flat holders and developer is only conduit between flat purchaser and contractor and has not received any money. However to avoid the litigation and buy peace he is accepting the noting and accordingly addition is made in the hands of builder . On the basis of such acceptance and assesssment order of developer of the project AO has proposed to make addition in the hands of the assessee. assessee has requested the AO to give full details and statement and opportunity of cross examination of person and has objected to the proposed addition on the ground  AO has provided the copy of seized paper and copy  of assessment order of developer and his submission made where is he has accepted the addition to buy peace and avoid litigation. And has made addition in the hand of assessee. is the action of AO is justified ? Is there judicial support for contention of the assessee that no addition can be made on the basis of conditional acceptance of other persons assessment order or any other ground where Assessee can challenged the order .

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Query: (i)    Whether HUF will continue? (ii)   Who will be karta of HUF as the male member is minor? (iii)  Can the partition be made by the karta?

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Query:- (i)    Can the surrender of stock be treated as undisclosed u/s 69 of the Act? (ii)   Application of section 115 BBE is correct in law or it can be treated as business income taxable at normal rate? (iii)  Is it possible to apply 115BBE by passing 154 order when section 69 is not applied?

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Mr Headache is a Non Resident Indian bought a house at Delhi, from original allottee in 2020. The registry and delivery of possession is given by the builder in November 2021 in the name of Headache’s wife Mrs Migraine, as the stamp duty chargeable to ladies have concessional rate for total consideration of Rs 2 cr. Mr Headache sold his inherited house in Maharashtra in October 2022 where he made a capital gain of Rs 90 lakh chargeable to Income Tax. He has following query Is it allowed in FEMA to purchase a residential house in India by an NRI? What are the implication of Benami Transactions Act for purchase of house in the name of spouse? Can he claim exemption under section 54 for purchase of house against the sale of house in Maharashtra?

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Company has opted for “Vivad Se Vishwas Scheme, 2020” and intends to pay the disputed tax under this scheme itself by 30.06.2021. However, the same could not be paid as on date. The Company had already filed the appeal to CIT(A). Company now intends to pay the taxes via said scheme in year 2024. Can company pay the said amount under the said scheme.

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Assessee is an individual and has some financial transaction with the director of the company in which search action U/Sec. 132 was conducted . In the search a hard disk was found where the noting about the financial transactions were made for the F.Y 2018-19  . Some entries on the name of the assessee were  also found. on the noting name of the firm in which assessee is partner is mentioned. Assessee has denied any transaction in cash with the company and also asked the documents and statement of persons on the basis of which the AO  has drawn the inference that the assessee has carried out transaction in cash. The nature of business of the assessee and the said company as well as directors are not at all related . Assessee has no business transaction with the director  except few transactions in the year 2016-17, which are through normal banking channel and disclosed in the regular books of accounts. the AO has issued the SCN on the ground that there are financial transaction of the assessee in the regular books of accounts in the earlier year and therefor the as noting in the seized papers as to why an addition should not be made as unexplained investment in the hands of the assesee . Assessee has denied the trascation and submitted that presumption U/Sec.132(4A)  is not on the assesse and even though the there are financial transcation in the regular books of accounts of the assessee with the director of the co where the search is conduced in the earlier year , does not mean the noting made against name of the firm in which the assessee is a partner  addition can be made in the hands of assessee and also asked for the full information which is found as well as entire staement of all concern persons and opportunity of cross examination. whether this stand of the assessee is correct? is there any judicial support . pl guide

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