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| Gratuity and LE in case of transfer in group entities | |
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| Excerpt of query: | A company has transferred certain employees to another group entity along with the related Gratuity and Leave Encashment provisions. The receiving company has increased its provision by debiting the transferring company, and the transferring company has reduced its provision by crediting the receiving company. No actual payment has been made to the employees so far. As per my understanding, the amount transferred should be allowed to the transferring company by treating it as a paid amount, and disallowed for the receiving company as an expense not actually paid under Section 43B of the Income-tax Act, 1961. Kindly clarify whether this interpretation is correct and how the transaction should be treated for tax purposes under Section 43B in such inter-company employee provision transfers. |
| gift of share in a firm to a pvt trust | |
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| Excerpt of query: | is it covered u/s 45[4]/9B if 1] donee is a pvt trust for relative 2] donee is a pvt trust for non relative |
| Section 194JA and JB of Income Tax Act 1961 | |
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| Excerpt of query: | When these sections i.e. 194 JA and 194 JB were introduced in the Income Tax Act 1961? |
| payment u/s 43B | |
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| Excerpt of query: | Assessee took fraudulent cenvat credit by fake invoices. Admitted the same during search. Upon order of DCGST paid the entire principal amount of duty . Can it ( not interest & penalty) be claimed u/s 43B or will it be hit by Explanation to section 37 ? |
| TCS liability u/s 206CJ | |
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| Excerpt of query: | During the F.Y 2024-25 the assessee sold the coal and on that 206-CJ i.e.. TCS liability arises 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 206-CJ ? |
| commercial property | |
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| Excerpt of query: | when a new shop is allotted after redevelopment, is it taxable ? any case law ? does it make if it was depreciable ? |
| pre AY 13-14 share premium | |
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| Excerpt of query: | Can AO add share premium u/s 68 when share capital for the same is not added ? any case law ? 56[2]viib was non existent in earlier years ! |
| Applicability of 44 AD for a non professional running a dental clinic | |
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| Excerpt of query: | My mother has invested her money to start a dental clinic. She is not a professional and is just a housewife. We don’t expect big revenue and doesn’t want the hassle of keeping books. The question is can she use 44 AD? The question comes because of contrasting ITAT Verdicts. One type is attacked below(Ranjith Jena case) . But then there is Kety Medicare case of 2025 where ITAT says the opposite(the settings allow only one pdf file to be uploaded. Else i could have uploaded Kety case as well). I am not educated in law to see the difference in the facts of those two cases as to why interpretations went opposite ways. My question is -can my mother use 44 AD? |
| Additions in the income based on documents received from third party | |
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| Excerpt of query: | Are additions made based on documents recovered from a third party sustainable? A copy of the document is not shared with the assessee during assessment. |
| Urgent – Query on gifted flat and redevelopment thereof | |
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| Excerpt of query: | Dear Sir/Madam, Through a registered gift deed dated 04th August 2025, my mother has gifted her self acquired flat in Mumbai to me, basis of which I have become 100% owner now. She had originally purchased this flat in September 1993 out of her own funds. The flat, originally measuring 355 sq ft, is under redevelopment stage and due to FSI benefit, the new flat to be allotted is for 472 sq ft. However, I have also opted to purchase an additional area of 23 sq ft in this flat, due to which I will receive the new flat measuring a total of 495 sq ft. The developer has scheduled our PAAA registration next month in Oct 2025. I am required to make the payment towards this additional area of 23 sq ft along with the proportionate stamp duty charges thereof. My query mentioned hereunder is from a long term capital gains tax perspective: *** Keeping in mind that I am purchasing an extra area of 23 sq ft in this gifted flat, do I have to wait for 24 months and complete the holding period of 2 years before proceeding ahead with PAAA registration. *** Should I defer my PAAA registration until August 2027 or can I go ahead with the PAAA registration since this flat was acquired by me as a way of gift and the original holding period is 32 years. Kindly guide me for further course of action as I am very confused due to LTCG / STCG provisions. Regards Rayannsh |