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Payment of stamp duty on merger | |
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Excerpt of query: | Sir, What is the deductability of the stamp duty paid by the company at the time of merger? Will it be treated as capital expenditure? |
Status of proceedings 148A | |
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Excerpt of query: | Sir, In a case where the show cause notice is issued u/s 148A of the Act under clause (b) and reply is submitted by the assessee within the time limit specified, even though the due date for passing the order u/s 148A(d) is completed, no action is taken by the assessing officer. What is the status in that case? What is the validity of the proceedings? Please clarify. |
conveyancing charges | |
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Excerpt of query: | Housing society pays conveyancing charges . whether it is a capital exp to be added to land or reduced from reserves already created earlier ? can it be claimed as revenue exp by any chance ? |
Notice issued U/s 142(1)(i) repeatedly is invalid or not | |
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Excerpt of query: | Assessee is an individual. assessee filed the ITR for the Ay 2014-15 which selected for scrutiny assessment under CASS which subsequently completed by making hug addition. When we go through the records it observed that Ao every time when notice issued U/s 142(1) for demanding records and documents, notice issued at preprinted format which have three separate paragraph. Out of which one paragraph pertains to instructing submission of return. As per my knowledge asking for ITR when valid ITR already in record without striking of such paragraph which asking for submission of ITR makes assessment proceeding null & void. Please guide me with case law if any. |
148 | |
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Excerpt of query: | 1] can one revise return filed uls 148 on 31-3-21? 2] can one revise return filed on 1-4-21 u/s 148 ? |
Section 15 of CGST Act and discounts | |
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Excerpt of query: | Sir, In case of vehicle sales by the automobile dealers, they issue some discounts to the customers by way of a credit note after issuing the initial invoice. Whether these discounts can be reduced for the purposes of determining taxable value as per section 15 of CGST Act, 2017 as it is a post sale transaction? Please clarify. |
Wrong Assessment Year selected while filing Income Tax Return Read more at: https://www.caclubindia.com/experts/wrong-assessment-year-selected-while-filing-income-tax-return-2898369.asp | |
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Excerpt of query: | Dear all, I had one query: An assessee had himself filed his income tax return for the F.Y. 2014-15 and inadvertently shown Income of F.Y. 2015-16 in F.Y. 2014-15. There was no income in F.Y. 2014-15 as the assessee was unemployed. Later on Return of FY 2015-16 was filed with the actual income of FY 2015-16. Can the return of income filed for F.Y. 2014-15 be deemed invalid by the Department and vacate the demand? The return of income filed for F.Y. 2014-15 was filed erroneously and there was no income during the relevant financial year and thereby NO TDS, thus demand was raised. |
Disclosure of assets located out side India by non resident | |
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Excerpt of query: | Mr. X, is a join a service at Dubai in the financial year 2013-14 and before joining service at Dubai he was a proprietor of a petrol pum and carring on the business from sale of petrol ,Hsd lubricant etc. and was filing his income tax return in individul capacity as resident, but after joining the service at Dubai from where he get salary he is still the propritor of the firm and carryon the business and filling is income tax return at India in his individual capacity as a non resident. My querry is that should he disclose his assets located out side india ( house, bank account, car,other assets, etc., and the income there from in his income tax return filing in India? as per section 139 provisos . The business of the assessee has been carryingon in India by Power of attorney holder, kindly advise |
Issue of Notice U/Sec. 143(2) of the Act, | |
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Excerpt of query: | Assessee is partenrship Firm and case of the assessee is selected for scrutiny for the AO for A.Y. 2020-21. AO has issued Notice U/Sec.143(2) and 142(1) and served up the assessee in time. later on there was change in the Assessing officer and new officer has continued the assessment proceedings by issuing Notice U/Sec., 142(1), to which assesssee firm has responded time to time by submittiing the explanation and completed the assessment U/Sec. 143(3) by making certain addition. whether action of new AO of completing the assessment with out issuing fresh Notice U/sec. 143(2) is legally valid? if Not , can assessee challenge the same in appellate proceedings even though he has responded to various Notices U/Sec. 142 (1) issued by the New AO . pl guide |
Delay in filing of ITR by Charitable Trust | |
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Excerpt of query: | Respected Sir, A charitable trust regd u/s 12A failed to file the ITR for AY 2021-22 before the due date for filing of ITR i.e. after 15/03/2022 . However it filed audit report, Form 10B before due date for filing of form 10B. CPC while processing u/s 143(1) has not allowed the entire expenditure as application of income and treated the gross receipts as taxable income and taxed accordingly. In the intimation no reason given for the disallowance. For filing appeal what grounds can be taken and apart from appeal , any other alternative remedy available . Kindly enlighten. |