praveen
12 December 2023 at 10:39

Reply to Notice under section 272A

Dear All,
Our client has received notice for FY 2017-18 under section 272A of income tax act and demanding a penalty, client was not aware of all taxes and have not replied to any notices earlier issued, so got this penalty U/S 272A, he is not having any taxable income chargeable to tax for FY 2017-18.
How to reply to this notice without paying any penalty U/s 272A. ?


Venkata Ratnam Jupudy

As NRE fixed deposits opened by NRIs are tax free in India as per provisions of DTAA,
are the banks are to report these deposits in SFT submitted to income tax authorities ?
If they are reported in SFT, automatically they get reflected in AIS/TIS.
The department can not distinguish whether they are NRE deposits of tax free or normal fixed deposits ( taxable in India)
NRIS get notice that they did not file income tax returns in India as per AIS/TIS statements.
Is it not necessary to give instructions to Banks that they should not report time deposits of NRE opened by NRIs or to report them separately in a suitable format
as TAX exempt category deposits to avoid unnecessary litigation and harassment caused to NRIs
I request CA CLUB to represent to CBDT/Income tax authorities.


P.Madhivadhanan

A CIVIL CONTRACTOR ENGAGED IN THE BUSINESS OF CIVIL CONSTRUCTION, ROAD LAYING FOR STATE GOVERNMENT AND TOTAL TURNOVER DURING FY 2022-2023 Rs. 7500000 and all amounts are received by cheque or rtgs. I want to know whether 44AD applicable to civil construction business. If so we can adopt 6% of turnover (instead of 8%) because amount received fully in cheque & RTGS


Dibyendu Majumder
11 December 2023 at 17:51

TDS U/S 194IA OR 194IC

One of my clients wants to execute a JV agreement with an individual, In which the individual shares his land, and my client, wants to develop a residential building on the said land. The share of the unit/s given to the landowner on the building will be purchased by the developer (i.e. my client ) after construction. some amounts paid by Cheques by my client to the landowner which are treated as an advance against consideration money of said unit to be constructed shortly. Is this type of agreement considered a specified agreement under sec 45(5A) and TDS U/s 194IC to be deductible on such paid amount? or as a normal sale agreement TDS will be deductible u/s 194IA?


Chetana Shetty

AY FY RETURN FILED UNDER SEC CARRY FORWARD LOSS
2017-18 2016-17 139(1) - On or before due date 7,115
2018-19 2017-18 139(1) - On or before due date 9,81,818
2019-20 2018-19 139(1) - On or before due date 5,36,114
2020-21 2019-20 139(4) -Belated 5,379
2021-22 2020-21 139(4) -Belated 3,276
2022-23 2021-22 139(1) - On or before due date -
Above is the situation of a company. My question is can the company carry forward loss for AY 17-18, 18-19 & 19-20 as the returns were filed before due date?


DIVYESH JAIN
11 December 2023 at 15:38

Amount received in cash from neice

Dear Sir,

If a person has received an amount more than Rs. 15 lacs in cash from his neice and that cash is deposited into bank then what will be the taxability in such case while filing income tax return.

Please help me in this matter.

Thanks,
Divyesh Jain


Chandra Kala

Is there any section to claim exemption income under the concept of mutuality in the return of income other than 80P


Chandra Kala

Surplus income of Education Institution is claimed exemption u/s 10(23C)(iiiad) along with DEO’s proceedings. Whereas a notice was issued u/s 143(1)(a)(ii) and stated as follows
“Income due to disallowance of exemption under clauses of section 10 entered at Sl. No. 1(e) of Schedule OS is less than the difference between the "Gross receipts" in Sl. No. 3 of Schedule IE-4 and exemption claimed in Part B2 of Part B TI. Hence, the amount mentioned at Sl. No. 1(e). 'Income due to disallowance of exemption under clauses of Section 10' in Schedule OS is recomputed accordingly”
In reply to the above S.No.1(e) of schedule OS is filled with the amount of net receipts which claimed as exemption and filed revised return. Whereas, it shows error that schedule OS is not applicable in the case of exemption claimed u/s 10(23C)(iiiad). Please let us know how to resolve this issue.


Chandra Kala


We filed returns correctly for the A.Y.2023-2024. But, we got below mentioned error for every Educational Society / Trust claimed exemption u/s 10(23C)(iiiad) for the A.Y.2023-2024. Please suggest us.

Schedule:
Part B2 (Part B TI) & Schedule IE-4 & Schedule OS

Error Description;
Income due to disallowance of exemption under clauses of section 10 entered at Sl. No. 1(e) of Schedule OS is less than the difference between the "Gross receipts" in Sl. No. 3 of Schedule IE-4 and exemption claimed in Part B2 of Part B TI. Hence, the amount mentioned at Sl. No. 1(e). 'Income due to disallowance of exemption under clauses of Section 10' in Schedule OS is recomputed accordingly.


Sujit Jagtap

Hello Sir,

I am two flats, both are rented out. For both properties total home loan interest paid to near to 9 Lakh. Can i claim tax benefit on entire 9 Lakh. Which ITR form i need fill.






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