k M Goyal
This Query has 1 replies

This Query has 1 replies

09 July 2025 at 09:24

Section 56(2)(x) V/S section 50C

Section 56(2)(x):
the following income Under Section 56(2)(x) shall be chargeable to income-tax under the head "Income from other sources”:
persons on or after the 1st day of April, 2017,—
(a) any sum of money, without consideration, the aggregate value of which exceeds fifty thousand rupees, the whole of the aggregate value of such sum;
(b) any immovable property,—
(A) without consideration, the stamp duty value of which exceeds fifty thousand rupees, the stamp duty value of such property;
(B) for a consideration, the stamp duty value of such property as exceeds such consideration, if the amount of such excess is more than the higher of the following amounts, namely:—
(i) the amount of fifty thousand rupees; and
(ii) the amount equal to 70[ten] per cent of the conside-ration:
Provided also that where the stamp duty value of immovable property is disputed by the assessee on grounds mentioned in sub-section (2) of section 50C, the Assessing Officer may refer the valuation of such property to a Valuation Officer, and the provisions of section 50C and sub-section (15) of section 155 shall, as far as may be, apply in relation to the stamp duty value of such property for the purpose of this sub-clause as they apply for valuation of capital asset under those sections:
Section 50C(3):
Subject to the provisions contained in sub-section (2), where the value ascertained under sub-section (2) exceeds the value adopted or assessed or assessable by the stamp valuation authority referred to in sub-section (1), the value so adopted or assessed or assessable by such authority shall be taken as the full value of the consideration received or accruing as a result of the transfer.
Means the provisions of Section 56(2)(x) will not apply in case the difference between the Stamp Duty Value and the Actual Consideration is not more than Rs.50,000/- or not more than 10% of Actual Consideration and no income is taxable under section 56(2)(x).
Sir
My Query:
The provisions section 56(2)(x) will apply or not in case the difference between the value ascertained under sub-section 50C(2) by DVO and the Actual Consideration is not more than Rs.50,000/- or not more than 10% of Actual Consideration. Which value to consider (DVO valuation or Actual Consideration)?
For example: Mr. A purchase house from Mr. B on actual consideration of Rs. 10,00,000/- where Stamp Duty Value of property is Rs. 12,00,000/- and the value ascertained under sub-section 50C(2) by DVO of the flat is Rs. 11,00,000/-. value ascertained DVO is not more than 10% of Actual Consideration.
Which value to be consider for income from other sources under section 56(2)(x) either Stamp Duty Value of property is Rs. 12,00,000/- or DVO valuation Rs.11,00,000/- or Actual Consideration Rs,10,00,000/-?
Regards
K M Goyal
Sir
Please provide Concrete opinion.
Regards
K M Goyal



Sunil Patnaik
This Query has 5 replies

This Query has 5 replies

I seek your kind guidance on the following matter related to invoice numbering under GST:

Due to Larges number of invoices we are considering to issuing invoices where the invoice serial number resets to "01" at the beginning of each month — for example, starting from "01" on April 1st and continuing sequentially throughout the month, then again starting from "01" on May 1st, and so on for each subsequent month.

Kindly clarify whether this monthly reset of invoice numbering is permissible under the GST rules and whether it would meet the compliance requirements under Rule 46 of the CGST Rules.

Your expert opinion in this regard will be highly appreciated.


TARIQUE RIZVI
This Query has 1 replies

This Query has 1 replies

Ay 20-21 other income has been shown in capital gain inadveretntly because of which tax liability has arrived. Can we rectify even at this moment of time ?
or
the stipulated time has gone

PLEASE GUIDE ME AND OBLIGE.


ESMAIL SITABKHAN
This Query has 1 replies

This Query has 1 replies

08 July 2025 at 17:46

Time limit FOR APPEAL

application for rectification u/s 154 filed on 18/02/2025 for AY 2020-21 and the same was rejected by intimation on 04/03/2025 what is the time limit for filing appeal against this rejection


binu sukumaran
This Query has 3 replies

This Query has 3 replies

08 July 2025 at 17:15

TCS on travel expesnes

sir.
While preparing book of accounts for audit , it found that there is deduct of TCS (5%) On travel expenses payment . our owners went to aboard for business purpose . Same amount is reflected in our company 26 AS.
Can we deduct this amount while making income tax payment (ITR) .
Please advise
With regards
Binu


Daya
This Query has 1 replies

This Query has 1 replies

whether provision are made for Provision for taxation, Deffered Tax Assets and Deffered Tax Liability while finalisation of Trial Balance on 31st March.


abhijit majumder
This Query has 3 replies

This Query has 3 replies

Sir
one business entity have two units one at kolkata(principal unit) and another at Mumbai.
Kolkata unit have GST registration.
Mumbai unit only act as communicating agent on behalf of Kolkata unit for customer at mumbai.
Once order will finalised mumbai unit send customer's demand to its Kolkata unit .
Kolkata unit in turn send goods to mumbai customer alongwith bill.
Does Mumbai unit require GST registration?
If yes then why? I think as mumbai unit just act as a communication point for its principal unit at kolkata and final bill raised by kolkata unit no registration under GST required for Mumbai unit.
Please clarify
Abhijit


k M Goyal
This Query has 1 replies

This Query has 1 replies


Sir Section 56(2)(x):
the following income Under Section 56(2)(x) shall be chargeable to income-tax under the head "Income from other sources”:
persons on or after the 1st day of April, 2017,—
(a) any sum of money, without consideration, the aggregate value of which exceeds fifty thousand rupees, the whole of the aggregate value of such sum;
(b) any immovable property,—
(A) without consideration, the stamp duty value of which exceeds fifty thousand rupees, the stamp duty value of such property;
(B) for a consideration, the stamp duty value of such property as exceeds such consideration, if the amount of such excess is more than the higher of the following amounts, namely:—
(i) the amount of fifty thousand rupees; and
(ii) the amount equal to 70[ten] per cent of the conside-ration:
Provided also that where the stamp duty value of immovable property is disputed by the assessee on grounds mentioned in sub-section (2) of section 50C, the Assessing Officer may refer the valuation of such property to a Valuation Officer, and the provisions of section 50C and sub-section (15) of section 155 shall, as far as may be, apply in relation to the stamp duty value of such property for the purpose of this sub-clause as they apply for valuation of capital asset under those sections:
Section 50C(3):
Subject to the provisions contained in sub-section (2), where the value ascertained under sub-section (2) exceeds the value adopted or assessed or assessable by the stamp valuation authority referred to in sub-section (1), the value so adopted or assessed or assessable by such authority shall be taken as the full value of the consideration received or accruing as a result of the transfer.

Means the provisions of Section 56(2)(x) will not apply in case the difference between the Stamp Duty Value and the Actual Consideration is not more than Rs.50,000/- or not more than 10% of Actual Consideration and no income is taxable under section 56(2)(x).

Sir
My Query:
The provisions section 56(2)(x) will apply or not in case the difference between the value ascertained under sub-section 50C(2) by DVO and the Actual Consideration is not more than Rs.50,000/- or not more than 10% of Actual Consideration. Which value to consider (DVO valuation or Actual Consideration)?

For example: Mr. A purchase house from Mr. B on actual consideration of Rs. 10,00,000/- where Stamp Duty Value of property is Rs. 12,00,000/- and the value ascertained under sub-section 50C(2) by DVO of the flat is Rs. 11,00,000/-. value ascertained DVO is not more than 10% of Actual Consideration.

Which value to be consider for income from other sources under section 56(2)(x) either Stamp Duty Value of property is Rs. 12,00,000/- or DVO valuation Rs.11,00,000/- or Actual Consideration Rs,10,00,000/-?
Regards
K M Goyal

Please give concrit open
Regards
K m Goyal


Shantanu Bose
This Query has 3 replies

This Query has 3 replies

08 July 2025 at 13:27

Strange tax problem

Respected Sir,
I'd 15 lakh in my account till April 2022 accumulated through bank fd, savings interest, trading and investment in stock markets and 5 lakh given by mother since 2002. From April 2022,I started applying IPOs in my mother, brother and maternal uncle's account taken on sharing basis,I allocated 4 lakh, 5 lakh, 4 lakh, 2 lakh to myself, mother's, brother's and maternal uncle's account respectively which grew to 6 lakh, 9 lakh, 9 lakh and 3 lakh respectively including savings interest on allocated capital till November 24. In December I took back grown capital from those accounts into mine. So my 15 lakh became 27 lakh now. I purchased 22 lakh liquid mutual fund in December 24 which I redeemed in March 25. All fund transfer was done (forward and reverse) through net banking only.

My question:
If AO asks me ever source of this 22 lakh in any scrutiny or notice or assesment in future,then how to explain and represent this case to ITD to pacify them ? My money is legitimate and I didn't cause any revenue loss to government.
Please help me I'm in dire straits and quite scared,
Thanks sir


Rajkumar Gutti
This Query has 1 replies

This Query has 1 replies

08 July 2025 at 11:56

Standard deduction on pension

I have prof. Income for f. Y. 24-25 yearly 7 lac. & provident fund ( EPF pension ) pension monthly Rs. 4000/- ( Fy. 24-25 = 48000/- )
Total income Prof. Charges & PF pension is yearly
748000/-.
Can I gate standard deduction on EPF pension. If yes, then what amount or proportion.
Pl guide





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