Thank You

Thank you for your question. We will forward it to an expert in our panel. The experts opinion will be made available shortly. Please visit the main page after some time to read the answer to your question.

Some of the queries asked by people are given below.
WDV u/s 43(6)(c)
Excerpt of query:

Opening WDV as on 1-4-2021 Of only Vehicles Block(consisting of Car A-WDV Rs. 1 Lakh and Car B-WDV Rs. 8 Lakhs) is Rs. 9 Lakhs. During the year 2021-22, Car B is stolen. Insurance claim of Rs. 12 Lakhs is received. One new Car C is purchased for Rs. 22 Lakhs during the year 2021-22.What will be the WDV for working out of Depreciation for the year 2021-22 under the circumstances. Also, how these transactions should be booked in Books of Accounts.

read more

dairy farming income
Excerpt of query:

hello, i just want to know if dairy farming income is below 2.5 lakh. is it taxable? thanks.

read more

Sec. 54F
Excerpt of query:

Assessee is an individual and partner in partnership firm engaged in the business of advertising.  In the A.Y. 2008-09. Assessee received a amount of Rs. 1 cr against his right in the property,  which is liable for longterm capital gain. Assessee invested the amount of Rs. 1.25 cr for purchase of residential bungalow alongwith the land appertatnent their to by executing the Development Agreement and power of attorney  by paying full stamp duty and also taken the possession of the said property.  The assessee has not carried out any Development on said property and after holding for period of 42 months sold the said property as it is and offered the LTCL in A.Y. 2012-13, which is accepted U/sec. 143(1)(a) of the Act. The issue is which assessee has invested the said amount for purchase of house U/Sec.54F he has paid the entire consideration for purchase of bungalow and land appurtenant there to. However instead of executing the Purchase deed he has executed the Development Agreement. Assessee has not carried out any development activity on the said house property. AO has denied the claim only on the ground that since assessee has executed the development agreement, he not entitled for exemption U/SEc.54F. Even though department has accepted the LTCG on sale of same property after period of 3 years. The issue is it is an undisputed fact that the assesse has purchased the property which is residential property but because the assessee has executed Development agreement whether his claim can be denied

read more

Recourse Against Order Passed U/s.148A(d)
Excerpt of query:

The Assessee had not filed Return of Income for AY 2015-16 and missed out show cause notice u/s.148A(b) which gave time limit 22/04/2022. Notice u/s.148 is also received requiring the assessee to file return of income within 30 days.

read more

Sec. 153C and incriminating documents
Excerpt of query:

Assessee is an individual. during the course of search with his brother and his companies on Aug.2013 following documents were found . a. Cash deposit slip about deposit of cash 1050000/- by the said co. b. Gift deed for gift of shares in Pvt. limited co  by the assessee to his father. and other relatives were found. on the basis of these documents  Notice U/Sec.153C was issued in jan 2016 for A.Y. 2008-09 to 2013-14. while recording the satisfaction the AO has stated that from verification of seized documents it reveals that assessee has certain undisclosed income  for the A.Y. 2013-14. Verification of seized documents revels cash deposits and gifts given by assessee and assessee has not filed his return of Income for A.Y. 2013-14. Assessee submitted the following explanation: Documents sized do not indicate any cash deposits by the assessee , the documents relied up on by the AO for cash deposits is in facts of the belongs to CO. Gift deed of shares are notarised and accepted in the hands of co as valid transfer and they do not indicate that there is cash involvement of cash transaction. As regards to non filling of Return assessee submitted that since his return was below taxable limit he has not filed the the same and which is evident from the ROI filed in response to Notice U/Sec.153C the taxable income is at Rs.199920.10. There are no incriminating documents which has bearing on undisclosed income of the assessee. Accordingly it is submitted that the Notice issued U/SEc. 153C and assessment order passed by the AO is bad in law ,however the both the AO as well as CIT A has held that since the above documents are found during the search proceedings initiated U/sec.153C are valid with out assigning any valid reasons as to how these documents are incriminating? when the AO has not shown the single documents which was seized during the course of search with the companies about the cash transaction or cash deposits with Bank by the assessee, whether proceedings U/SEc. 153C is valid ? Is there any other defence which Assessee can take before the ITAT apart from validity of the assessment? pl . guide

read more

Time limit to issue refund under VSVS Act 2020 by AO?
Excerpt of query:

My form 5 under VSVS 2020 has already been issued by the department 4 months back granting me refund. The same has not been issued by the AO to us, even after 4 months of issuance of Form 5. Kindly update me with, what is the time limit for issuance of refund under VSVS 2020 & where we can file complaint against the AO? What is the process of filing a complaint against AO to PCIT for not issuing refund under VSVS 2020?

read more

Treatment of Insurance claim received for theft of car-its treatment in Books of Accounts and under I.Tax Act
Excerpt of query:

Treatment of Insurance claim received for theft of car-its treatment in Books of Accounts and under I.Tax ActTreatment of Insurance claim received for theft of car-its treatment in Books of Accounts and under I.Tax Act

read more

Treatment of conversion cost where agriculture land converted in to stock
Excerpt of query:

What should be the Treatment of conversion cost where agriculture land converted in to stock. The conversion expenses like development of land and government fee for conversion paid first and later the land was converted for non-agriculture purpose. The land is treated as stock after conversion into non-agriculture. While calculating Long Term Capital Gains, the conversion cost and indexed cost of acquisition both be considered? or Only cost of acquisition is considered and cost of conversion will be considered as business expenditure?  

read more

Business Loss or Capital Loss
Excerpt of query:

There is only one Block Of Assets in case of a assessee. This block consists of only one car ,the WDV of the same is Rs. 5,00,ooo as on 1-4-2021.The said car is lost by way of theft on 5-9-2021. The said car is not insured at all. The above said amount of Rs. 5,00,000 will be considered as Business Loss or Short Term Capital Loss.

read more

Applicability of TDS under Income tax Act.
Excerpt of query:

*Facts:* 1. Assessee is running a Proprietorship Business of Vendor Payment Services and Gift Cards Processing. FY 2020-21 Turnover was Rs. 96.60 lk. Current year FY 21-22 Turnover is Rs. 13.50 crores. 2. Considering the turnover of previous year – No TDS applicability for Current FY 2021-22 for Section 194C/ 194H and 194J. However, it exceeded Rs. 50 lacs transactions with single parties and hence is covered under Section 194M. 3. Total two parties where the Turnover exceed Rs. 50 Lacs. a. First Party- Availed Gateway Services for vendor payment. This party has its registered domain and known for its gateway. b. Second Party- Availed Gateway Services for vendor payment and also Gift card processing. This party uses the gateway of others, basically it works as sub-Gateway provider. This party is a *related Party*. Assessee is Director in this company. *Concern:* a. First Party: No TDS deducted. However, Judicial pronouncement regarding Non applicability for TDS on gateway charges there. 1. ACIT Vs. Head Infotech India Pvt. Ltd., Hyderabad 2. Dcit 9(3)(2), Mumbai vs Futura Value Retail Ltd, Mumbai, 3. MakeMy Trip (India) Pvt. Ltd., Vs DCIT,Circle-6(1), New Delhi *Doubt:* 1. Whether the view in case of First Party is right? 2. What will be the view for Second Party w.r.t Gift card processing- TDS applicability? 3. What will be the view for Second Party w.r.t Sub gateway used and Related Party?

read more