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How to claim compensation for undivided ancestral land acquired by Government | |
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Excerpt of query: | Hello, Please guide as to how we can claim compensation for undivided ancestral land acquired by Govt. for Canal construction. 1. We have ancestral land that remains undivided among my grandfather and his brother and other relatives in our Village. 2. We do not have any land records however we do have possession of the said land. 3. As I’m given to understand in the land records available in the land record portal of Odisha Govt. Lot many people are mentioned in addition to my Grandfather and his younger brother,we do not know who are these people or do not have there wherwithal or contact details. 4. Upon talking to the Land Acquisition Officer of the said project we were told to bring no objection certificate in the form of an affidavit from Tehsildar office.Which we tried to explain is near to impossible as the families do not reside in the village and have relocated to other states and some have migrated to other countries. 5. My elders have told me that from my ancestral time the land was not divided and it is understood that the family which has possession of the land is the owner of the land. As my grandfather and his younger brother are also mentioned in land which is on possession of other related families of the village. 6. How do I claim compensation for the entire family ,as NOC from so many people is not possible, is there a way where I can become the sole representative of the undivided family to collect the compensation as a whole and distribute it among the family , by submitting a self decleration of taking the responsibility of distributing the rightful share among my family members. Please guide me else ,our ancestral land is already gone we would not get the compensation either. |
On Money and provisions of Sec. 269SS | |
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Excerpt of query: | Assessee is partnership engaged in the business of real estate developers. Survey U/sec. 133A has been conducted , where a incriminating statement giving particulars of sale of flats , name of person , agreement value and cash accepted was recorded. Partner who was not looking after accounts had accepted the amount stated in coloum cash is extra consideration received. The amount for each unit is more than 2 lakhs. At the time of assessment the said partner had retracted from the statement. However AO made this cash as undisclosed income. Assessee later on received Notice u/Sec.269SS on the ground that assessee has received On Money more than 2 lakhs from each unit. Whether provision Sec. 269SS is applicable to such alleged receipts in cash. Pl guide |
Section 56(2)(x) | |
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Excerpt of query: | An individual settles his property to a private discretionary trust which has beneficiary as his brothers, brothers’ wife, brothers’ children and their spouses and their children. Since all the persons do not come within the definition of relative as defined in explanation to 56(2)(vii) , it may not be covered by the exception provided by proviso (X) to 56(2)(x). Question is, it being a discretionary trust where the individual shares are not defined, will section 56(2)(x) apply? If applied then how will one compute taxable part? |
revised return | |
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Excerpt of query: | For the year ended 31.03.2021 there was a mismatch in 26AS because of the slow website the return was filed without reconciling and resulted in lower income filed by Rs. 15 lakhs. How to rectify the same. Assesse is ready to pay taxes with interest but not penalty. |
Can expenses incurred for the benefit of another trust be considred as application for the purposes of section 11 of the Act ? | |
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Excerpt of query: | The Assessee is a registered trust incorporated for educational and other anciliary objects. The trust for FY 20-21 has accumulated 85% of the income and intends to apply the same in the subsequent years within a period of 5 years. Now, in FY 21-22, the Assessee Trust intends to incur expenditure on repairs and maintenance of a school that forms part of another Trust. The payment will be made by the Assessee trust to the contractor directly, no amount shall be paid by the Assessee trust to the other Trust. The invoice will be raised by the contractor in the name of the Assessee Trust. The question that arises now is whether this transaction falls under the ambit of application of accumulated income? And whether the provisions of explanation to sections 11(2) will be applicable? As per the explanation to sections 11(2) any amount credited or paid to any fund/trust shall not be treated as application of income for charitable or religious purposes. Therfeore, in the instant case since, the Assessee Trust has not paid/credited any amount to any Trust/Fund can it be concluded that the payment made by the Assessee Trust to the contractor for repair and maintenace of a school belonging to other trust, be claimed as application of accumulated income ? |
non response to 143(1)(a) | |
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Excerpt of query: | Assessee is partnership Firm filed the Return of Income For A.Y. 2009-10. while uploading the return due to some problem in soft ware the claim of Depreciation was not correctly uploaded and also received the Intimation U/Sec. 143(1)(a) from CPC Banglore in the month of Dec. 2010. In this intimation , the adjustment of amount of Depreciation was made and demand was raised . The assessee was unaware of this fact, and when the call came from TRO in April 2022, the assessee came to know such demand. Assessee firm has claimed the depreciation on the WDV as on 31.03.2009 there after and claim of deprecation was allowed. In this back ground pl guide whether the assessee should submit the ratification application or file the petition U/SEc. 264, giving the reason for condonation of delay. pl guide. |
Cost of acquisition for a flat received after re-development | |
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Excerpt of query: | Hi All, my dad was a tenant and the redevelopment agreement was signed then. He passed away and consequently it was transferred to my mom. She signed the PAA in 2019 and we finally have sold the flat in 2022. what can be the cost of acquisition in this case. its very confusing answers that i am reading. Appreciate your help here |
whether one WP can be filed for two assessment years if issue involved is same | |
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Excerpt of query: | assessee is partnership firm. has received the Notices U/Sec. 148 for A.Y. 2013-14 and 2014-15 after 31.03.2021. Therefore, wishes to challenged the validity of the same . whether assessee has to filed two separate WP or can file One WP mentioning facts for each year separately in the petition. pl guide |
Partition of HUF and Taxability of amount received by member | |
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Excerpt of query: | Assessee is an individual. During life time of his wife who was bed return due to bad health, married with another lady. He had children from first wife . The first wife expired after the second marriage. The entire community and other family members have accepted second lady as wife of the individual. The person had a girl child from the second lady. On all records the name of children from first wife , daughter of second child and second wife have stated as members of HUF of the individual. After the death of an individual, the full partition of his HUF has taken place and each member i.e. kids from first wife, daughter from second wife and second wife received some properties movable and immovable. whether assets received by second wife and her daughter are taxable under Income Tax Act . Pl guide |
Penalty notice u/s 271B | |
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Excerpt of query: | Dear sir, Penalty notice u/s 271B received on 11.11.2019, what is the time limit for completion of penalty proceeding. |