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Tax demand notice under 271AAC | |
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Excerpt of query: | My father is an ex- service man, when he retired he received gratuity amount( tax free for govt employees) and he invested it in mutual fund, he also received pension only for 5-6 months, total tax payable as calculated by CA is zero. Due to health issues he could not file the ITR for that year. Now a tax demand notice ( huge sum) has come along with penalty proceedings. Only came to know after my father got call from IT department. How to solve this issue. Earlier also notices were issued but we were not aware as registered email id belongs to someone working in account department of regimental office. |
Legal alternatives to the expensive legal heir-ship procedure | |
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Excerpt of query: | My mother passed away recently. She was predeceased by my father, who died a few years ago. I & my brother are the only children our parents have left behind (We have documents like Ration card, Birth certificates etc. to prove the same). My mother is the whole & sole owner of a property (A flat in a registered co-operative housing society) located in the state of Maharashtra. She has nominated both her children with 50% share of each for the said property. We want to sell out the property now. The legal advisor of the society has clearly told us that they will need legal heir-ship certificate, in the absence of which, the society won’t be able to give the N.O.C. required to sell the flat. The procedure to obtain the certificate costs around one lac rupees (Court fees of 75,000 rupees + Advocate’s fees of around 25,000 rupees) & we are not willing to spend such a huge amount of money to get a property transferred in our name, which legally belongs to us only (Being Hindu, by the definition of law, we are legal heirs of the deceased owner of the property). So we are looking for a less expensive alternative for the same. The legal advisor of the society has asked us to come up with the provisions under the law that support transfer of ownership of a property in the absence of a legal heir-ship certificate in cases like ours, if we want to opt for an alternative. Below are the few alternatives I have come to know about from some of my sources & upon researching a bit. Kindly guide if transfer of ownership of the property will be possible or not, solely on the basis of any (Or a combination of any) of them. Also, please provide the exact provision(s) under the law that would support the alternative route in our case and possibly a rough estimate of expenses that would occur for each valid one. A membership application along with an indemnity bond & an affidavit stating that: I. We are the only legal heirs left behind by the deceased member II. We indemnify the society against any future claims made by any person(s) with respect to the said property. III. We have no objection to transfer the ownership of the said property in the name of both or anyone of us A legal heir-ship certificate issued from the Tehsildar office. A “Plain” legal heir-ship certificate issued from the local court (The only difference in this certificate & the heir-ship certificate mentioned above is that this one simply mentions that so & so is/are the only legal heir/s left behind by the deceased person. There is no mention of the property on it & hence no need to pay the hefty court fees of 75,000 rupees for the same) A “No claim certificate” issued by an advocate where nobody has claimed their rights on the said property after placing advertisements with respect to the same in a couple of newspapers. Some backdoor ways: Creating a backdated will (As there is no will in place) without probate (Kindly mention whether the society has the rights to ask us to mandatorily get the probate done) On the basis of the property tax’s bill (Obviously where the bill is transferred in our names first). PS: If you know any other route apart from the ones mentioned above or if there is/are a legal way/s to directly sell out the property without transferring its ownership in our names, please mention how that can be done & provide the exact provision(s) under the law backing it along with a rough estimate of expenses that would occur. |
Capital Gain on Redevelopment of an Apartment to Commercial Office Building | |
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Excerpt of query: | Housing Flat Building went for redevelopment in 2022. Now against this redevelopment Commercial Office space is received in 2025 as per the redevelopment agreement. Will it taxed as capital gain as new residential unit is not received against the old flat. |
Fees amount transfer procedure landlord to tenant for it purpose | |
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Excerpt of query: | Sir, A doctor (landlord) running a private hospital rent to another doctor (tenant) but tenant (doctor) service provide to patient treatment after fees amount rs:10 lacs from healthcare Care trust (sec 194jb ) amount credited by landlord (doctor) bank account and fees amount and tds deducted ais show in landlord (doctor) pan login in income tax portal Health care pan number change not accepted Question: Fees amount transfer procedure landlord to tenant for it purpose |
REJECTION OF 12A REGISTRATION OF OLD TRUST BECAUSE OF WRONG SELECTION OF SUB CLAUSE IN FORM 10AB | |
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Condonation in filing form 10CCB | |
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Excerpt of query: | WHICH AUTHORITY CAN ALLOW CONDONATION OF DELAY IN FILING FORM 10CCB??? I have found no circular regarding this. |
Regrding sales of loose bill to be shown in GSTR-9 & IT Return | |
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Excerpt of query: | If turnover is 20000000 in GST and during GST raid some loose bill amounting to 8 lacs received on which client paid tax & penalty then how to show 8 lacs & that tax amount in GSTR-9 and how to report that sales in ITR & Audit report |
Sec 194jb income show procedure landlord (doctor) or tenant (doctor) itr returns purpose | |
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Excerpt of query: | Sir, A doctor (landlord) running a own hospital rent to another doctor (tenant) .but tenant (doctor) some health services provided to patient treatment after fees amount sec 194jb received from healthcare Care trust and sec 194jb income show in landlord (doctor) ais income tax portal show pan number change not accepted by health care trust Question: Sec 194jb income show procedure landlord (doctor) or tenant (doctor) itr returns purpose |
Regarding reopening of case after period mentioned in 148 | |
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Excerpt of query: | Notice u/s 148 was issued on 05.04.2022 for A.Y 2018-19 after completing the formalities of issue of notice u/s 148A(b) and order u/s 148A(d). The assessment was going on. In the meantime assessee received notice u/s 153C dt 18.01.2023 in a search matter conducted on 20.10.2019 and therefore proceeding u/s 148 got abated. AO pass the assessment order u/s 153C on 13.02.2024 at returned income. Thereafter assesse received notice u/s 263 from CIT mentioning that AO has not discussed the issue raised while opening case u/s 148. It is also alleged that he did not make any inquiry about matter mentioned in notice u/s 148. CIT pass the order u/s 263 treating order passed u/s 153C as erroneous and prejudicial to the interest of the revenue. As no incriminating material relating to A.Y 2018-19 was found as per satisfaction note, whether the CIT is justified in treating order as erroneous and moreover whether the AO can go beyond material mentioned in satisfaction note. |
Non receipt of juducial order | |
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Excerpt of query: | Order pronounced on 27th June. But not received certified physical copy. When can I expect the same ITA 2805/mum/2025 [2805] |