whether ratio of 280 Taxman 334 / 125 taxmann.com 253 (Panji)(FB) ( Bom) (HC) apply to 270A as well ?

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Dear Sir, Please give your view and guide us: Order for A.Y. 2010-11 to 2019-20 have been passed on 24.04.2021 after taking approval on 23.04.2021. On 24.04.2021, it was Saturday. DIN was intimated to the assessee on 31.05.2021 mentioning in the letter that order has been passed on 31.05.2021. The body of the assessment order does not contain DIN. As per circular no.19 dated 14.08.2019, the maximum number of days for generating DIN is 15 days. The AO issued another letter dated 26.07.2021 mentioning that order has been passed on 24.04.2021 and generated another DIN for order passed u/s 153A. Whether the above order is valid as the body of the order does not mention DIN and DIN was generated on 31.05.2021, after 15 days which is in contravention of rules of circular no.19 dated 14.08.2019. Further, later on, two DIN has been created i.e. on 31.05.2021 and 26.07.2021? Assessee order for A.Y. 2009-10 was passed on 25.06.2021 after taking approval on the same date and DIN was generated on 25.06.2021. Whether the above order for A.Y. 2009-10 can be held valid as approval has been taken on the same date of generation of DIN? Summon u/s 131(1A) was issued on 05.02.2019 and search was also conducted on 05.02.2019. Panchnama was not drawn in the name of the assessee. Copy of search warrant was not provided to the assessee in spite of reputed request. Panchnama was in the name of third party instead of assessee. Whether the search conducted on 06.02.2019 are valid keeping in view the above facts mentioned in point no.3? With Regards, CA S.K. Goyal

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The assessee is an individual engaged in the business of real estate dealings as well as in real estate consultancy. Assessee is also a partner in various partnership firms from which he derives exempt income and also has agricultural income. During the year  assesseehad entered into Sathekhat with land owner  for purchase of land on 04.07.2015 amounting to Rs. 1,85,00,000/- and paid Rs. 1.00 crores against the said “Sathekhat” and balance amount of Rs. 85.00 lakhs to be paid at the time of execution of the registered agreement for sale of land by the land owners in the name of the assessee and when the name of the assessee is recorded on 7/12 extract of the property. Although the stamp duty value of the said property is Rs. 6,80,37,200/-, the appellant agreed to purchase this property for Rs. 1,85,00,000/-, since there is litigation in the said property which is also clearly mentioned at para 7 on page 7 of the Sathekhat .  Meanwhile another person  came to know about this litigated property and he approached the assessee and agreed to purchase the said property by executing MOU  with the assessee. The Ld AO has made the addition in the hands of assesee on the ground that  that provision of section 56(2)(vii)(b) get attracted in the case of assessee and as per the said provision, difference between market value of land at circle rate and actual consideration, which comes to Rs. 4,95,37,200/- is income of assessee, within the meaning of section 56(2)(vii) of the Income tax Act, 1961, and accordingly the Ld AO made an addition amounting of Rs. 4,95,37,200/- to the total income of assessee, under the head Income from Other Source. Whether action of the AO is correct since the there is litigation in the property . pl guide

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A house is sold to spouse under registered deed below SDV ,remaining sum is shown as unregistered but signed gift deed . Is this a valid arrangement ? Can this gift deed be rejected as invalid ?            

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when registration of a political party is cancelled  after survey/search, whether donor will lose deduction of the sums donated before that date ? Whether old case laws will apply or not ?        

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I SOLD THE RESIDENTIAL PROPERTY WHICH I INHERITED FROM MY PARENTS AND EARNED LONG TERM CAPITAL GAIN ON SALE OF THIS RESIDENTIAL PROPERTY. I WANT TO INVEST THE CONSIDERATION ON PURCHASE OF ANOTHER RESIDENTIAL PROPERTY IN THE NAME OF MY MARRIED DAUGHTER. WHETHER I CAN CLAIM EXEMPTION OF CAPITAL GAIN ON SALE OF RESIDENTIAL PROPERTY OR IS IT NECESSARY THAT I MUST PURCHASE IN MY NAME. SECONDLY CAN I PURCHASE JOINTLY IN MY NAME WITH THE NAME OF MY MARRIED DAUGHTER. PLEASE SUPPORT YOU ANSWER WITH PROVISIONS OF I T ACT AND CASE LAW, IF ANY, ON THE SUBJECT

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1.The assessee is an individual engaged in the business of real estate dealings as well as in real estate consultancy. Assessee is also a partner in various partnership firms from which he derives exempt income and also has agricultural income. 2.The assessee had filed his return of income for A.Y. 2016-17 on 01.02.2017 disclosing total income at Rs. Nil. Assessee was holding land  as capital asset  jointly with his wife and son. purchase in the year 1990. 3.. During  the  year  under consideration, the assessee had entered into development agreement with Developer , for development of the said land vide registered agreement . In consideration of land given for development, Developer  agreed to give the appellant constructed area in the proposed scheme to be undertaken on the said piece of land but due to some internal problems, few of the terms of the said development agreement were not complied and thus possession of the said land was not given to developer . As the possession of land was not given to the developer, transfer had not taken place within the meaning of Sec. 45 of The Income Tax Act, 1961 and therefore no capital gain is offered to tax.  as on today also the possesseion of the plot is with the assessee and no development on the same has been carried out. 4.The Ld AO has made the addition mainly on the ground that assessee is liable for capital gain under section 45(1) of the Act in view of development agreement executed between assessee and developer instead of Joint Development and accordingly considering the assessee’s share as 1/3rd, made addition of as Long-Term Capital Gain. Is AO is correct. Pl guide

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Assets found from lockers in name of 1] relatives 2] employee 3] outsiders are these Benami property ?    

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Assessee is individual and offered the income U/Sec.44AD for A.Y. 2015-16. The case of selected for limited  scrutiny on the ground that large cash deposits in the Bank. Assessee has given the explanation that these are out of cash sales offered in the Gross sales considered for the computing the income U/Sec. 44AD of the Act. After due verification of evidences submitted and explanation given by the assessee, assessement order was passed  22.12.2017 U/Sec 143(3) of the Act. A notice U/Sec. 148A(b) of the Act for A.Y 2015-16 sent as per the directions of The Hon’ble Supreme court on  04.05.2022  (2022 SCC Online SC 543) in the case of Union of India  V.  Ashish Agarwal. Assessee has given detailed reply to the same , however the AO has not appreciated the same and passed order U/sec. 148A(d) along with Notice U/Sec. 148 with out dealing the objection about change of opinion and non availability of any new tangible material as the assessment order was passed U/Sec. 143(3) , considering the same reason of large cash deposits. Is action of the AO is legally justified ? whether stand of No new tangible material and Change of opinion is still valid ground what is option available to assessee, pl guide  

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The assessee is an individual engaged in the business of real estate dealings as well as in real estate consultancy. Assessee is also a partner in various partnership firms from which he derives exempt income and also has agricultural income. The assessee had filed his return of income for A.Y. 2016-17 disclosing total income at Rs. Nil. Assessee was holding land jointly with his wife, son and daughter During the  year  under consideration, the assessee and other family members had entered into development agreement with M/s. ABC, developers for development of the said land vide registered development agreement. In consideration of land given for development, M/s. ABC agreed to give the assessee and his family members constructed area in the proposed scheme to be undertaken on the said piece of land but due to some internal problems, few of the terms of the said development agreement were not complied and thus possession of the said land was not given to M/s. ABC. As the possession of land was not given to the developer, transfer had not taken place within the meaning of Sec. 45 of The Income Tax Act, 1961 and therefore no capital gain is offered to tax. The Ld AO has made the addition mainly on the ground that assessee is liable for capital gain under section 45(1) of the Act in view of development agreement executed between assessee and M/s. ABC and accordingly considering the assessee’s share as 1/3rd, made addition in the hands of the assessee as Long-Term Capital Gain. CIT(A) has confirmed the addition made by the AO, relying upon the assessment order on the following ground: a.Assessee has entered into registered development agreement instead of Joint Venture Agreement. b.Development agreement is in respect of capital asset. c.Assessee is liable for capital gain U/sec. 45 Contention of the Assessee : a.Possession of the said land was not given to M/s. ABC. b.Capital gain is attracted on the receipts of constructed aera. c.No development is carried on the plot till today also and no approval for the construction of the building is obtained .Developers is also confirm the same and therefore there is no “transfer” u/s 2(47)(v) of the Act. As the possession of land was not given to the developer, transfer had not taken place within the meaning of Sec. 45 of The Income Tax Act, 1961 and therefore no capital gain is offered to tax. Transfer is not complete on mere registration of agreement for sale of property. In the case of the assessee, it had not parted with the possession of the property in question and hence the transfer is not completed so as to treat the act of registration of development agreement eligible for Capital Gains. Issues :–   Whether assessee’s stand is correct? Is any other arguments which can be taken. Any decisions to support assessee’s stand .  

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