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Reversal of GST ITC as per rule 42/43 & valuation of future option transaction | |
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Excerpt of query: | Stock broker is dealing in its own Ac in future & option of equity/currency/commodity/index through stock exchanges. Whether stock broker needs to revere the Common ITC on transaction on securities on above transaction of future & option? If yes then, how to calculate sale value of security in case of future transaction of equity & index? As per explanation value of security will be 1% of sale value of security. whether value of security is 1 % of notional sale value of securities or 1 % of net of difference between future buy & sale.? Further how to calculate value of security in case of index future transactions? Furthermore, how value exempted turnover in case of option transactions.? whether value of security will be 1 % of notional sale value of securities or 1 % of net of difference between option premium of buy & sale. Is there any change in the valuation mechanism in case of transaction in future option of currency or of commodity or of equity or of index? |
Taxability of Gift from step brother | |
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Excerpt of query: | Assessee is an individual AND received gift of Rs. 10 lakhs in A. Y. 2020-21. ASSESSEE has claimed it is not taxable as it is received from step brother. However AO is not accepting contention of appellant on the ground that step brother or sister is not covered in the definition of Relative under Income tax Act and therefore he has made an addition in the hands of assessee with mentioning any section. Is action of AO is correct and justified in Law. Whether assessee has case to fight in an appeal. Pl guide |
Payment of VSV Scheme. | |
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Excerpt of query: | I have mistakenly paid the amount in VSV Scheme in Minor Head – Self Assessment Tax (300) instead of Tax on Regular Assessment (400). What do I do now. |
Registration of Partition deed of HUF. | |
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Excerpt of query: | Is it necessary to register Partition Deed of HUF if it does not own any immovable property? |
tribunal income tax matter | |
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Excerpt of query: | how many days can file application u/s 254 and how many days to file application of condonation delay |
Section 56(2)(x) of the I.T Act | |
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Excerpt of query: | One immovable property (flat)was purchased before 01/04/2017 for which all payments were made before 01/04/2017. allotment of the property as well as possession was given before 01/04/2017. However, due to some reasons the registration (purchase deed) was done after 01/04/2017. As we all know that section 56(2)(x) of the I.T Act came into effect from 01/04/2017 my question is that will provisions of section 56(2)(x) of the I.T Act will be attracted in this case? |
Tax notice after re-development of Flat | |
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Excerpt of query: | Dear Team, My building went in re-development in 2013 and the flat was given back to us in 2016 within 3 years. I received a letter from income tax under sec 148 that i need to pay tax on the construction cost which is around 35 lacs as per the stamp duty document. How would this be taxed as there is no real transaction ,it is just that i got my redeveloped flat back from the builder. Please guide on what should i reply to the department. Regards. |
CPC System – Is there not a deficiency in the System in applying / auto calculation of tax chargeable under the old and new tax regime !? | |
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Excerpt of query: | To my questions ASKED, > “Answer given by Advocate Shashi Ashok Bekal The new tax regime DOES NOT AUTOMATICALLY APPLY # to any assessee. Once the new regime is selected the assessee cannot go back to the old regime. FURTHER, IT IS VERY MUCH POSSIBLE THAT THE TAX LIABILITY COULD BE LESS IN THE OLD REGIME VIS-A-VIS THE NEW REGIME, ESPECIALLY WHEN THE ASSESSEE IS CLAIMING DEDUCTIONS UNDER CHAPTER VIA OF THE ACT. #” FONT (supplied) < ?!? #/## Me understand that the CPC System in place does not at all permit a taxpayer to automatically upload the completed applicable Form of Return, say ITR 1 , WITHOUT TICKING either one of the two slots- ‘YES’ or ‘NO’ under Part A , Item (A 20) , thereby answering the question, – ” Are you opting for new tax regime u/s 115BAC?”. Put differently, if taxpayer is entitled and wants to claim any deduction under CHAPTER VIA, he has no choice except to signify his opting for either of the two, even if the tax liability as auto computed by the SYSTEM is not of advantage to him. In essence, to my understanding, it is to be impliedly admitted that, as urged for, the CPC System being deficient , requires to be plugged in with suitable correctives , so that the auto calculation of tax liability is in no case of disadvantage( or of less advantage to taxpayer !? – Any Contrarian view does not seem to at all carry any conviction ?! Suggest to kindly go through once again, closely, the ATTACHMENT for more clarity ! |
SERVICE TAX MANDATORY DEPOSIT FOR FILING APPEAL | |
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Excerpt of query: | SERVICE TAX ORDER PASSED RAISING DEMAND OF A PARTNERSHIP FIRM. SAID PARTNERSHIP FIRM IS ALREADY DISOLVED AND CLOSED IN YEAR 2018 AND NOT HAVING ANY RUNNING BANK ACCOUNT. Q1 – CAN THE SERVICE TAX APPEAL BE FILED WITHOUT MANDATORY PRE-DEPOSIT OF 7.5% OF DISPUTED DEMAND Q2. – IF ONE OF THE PARTNERS PAYS 7.5% OF DEPOSIT UNDER SERVICE TAX REGISTRATION OF APPELLANT PARTNERSHIP FIRM AND IF THE APPEAL SUCCEDS AND THE FIRM IS ELIGIBLE TO CLAIM REFUND – IN WHICH BANK ACCOUNT SUCH REFUND WILL BE ISSUED? Q3. CAN PARTNERSHIP FIRM/APPELLANT INSTRUCT THE DEPARTMENT TO ISSUE REFUND OF PRE-DEPOSIT ON WIINING APPEAL IN NAME OF PARTNERS BANK ACCOUNT |
Notice u/s 148A(b), Limitation period | |
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Excerpt of query: | Thanks for your response. Specially with reference to section 149(b) of the Finance Act 2021 “Only if the AO has in possession books of account or other document or evidence which reveal that the income chargeable to tax represented in the form of an asset, which has escaped assessment amount to or is likely to exceed fifty lakh rupee or more.” for the purpose of clause (b) of this sub-section asset shall include immovable property being land and building or both, shares and securities, loans and advances, deposit in bank account. In our case Sale of share and corresponding exempted LTCG is not in the form of asset. Kindly advise. |