C.S.MADHURANATH

SIR, A DEFAULT NOTICE WAS RECEIVED FOR NOT DEDUCTING TDS AT 20% INSTEAD IF 1%. THE ASSESSEE APPLIED FOR CORRECTION OF DATE IN TRACES WHICH WAS APPROVED BY THE SELLER AND HAS GONE TO THE ASSESSING OFFICER WHO HAS ASKED FOR SOME DOCUMENTS . NOW THE SELLER HAS AGREED TO APY THE BALANCE DEMAND TDS ALONG WITH INTEREST AS PER NOTICE.
1. WHETHER IT CAN BE DONE? SINCE HE WAS UNABLE TO PAY THROUGH E-TAX SINCE BUYER'S PAN IS BLOCKED
2. WHETHER HE HAS TO APPLY FOR CANCELLATION OF CORRECTION REQUEST?
3. ONCE CANCELLATION IS DONE AND DEMAND PAID, WHAT HAPPENS TO THE NOTICE GIVEN NY THE ASSESSING OFFICER? WILL IT BE CLOSED OR NOT?
THANKS


Saurav Sharma

I forgot to submit my Response to Confirm or Revise claim of refund for AY 2024-25, Then next step to get refund.


sreeja reddy

One of my client who is salaried, has filed the ITR for the AY 2023-24 on 30/7/2023 by selecting the new tax regime in the ITR form, but failed to file Form 10IE before filing the ITR.The return was processed in Dec 2023. A demand was raised by the Dept in December 2023 calculating the tax liability under Old tax regime, because of failure to file Form 10IE.

Now, the difference between the tax liability calculated by dept under old regime and new regime = Rs 53,085. (which needs to be paid)

A rectification request is been submitted by the client in August 2024 but the client received Rectification order u/s 154 in October 2024 to pay the above amount.

Further after, for the next AY i,e AY 2024-25, this demand had no reference in that Intimation order

What can be the possible solutions for this issue.

It would be a great help if anyone can provide me the possible solution about how to proceed for the same .

Thank You.


Jaswinder singh

Respected Colleagues,
A person have a gross salary approx 8,00,000/- in FY 2024-25, now i want to know what are the eligible deductions and planning to save from income tax because upto 7.75 lakhs exempt but excess 25000/- income makes a problem , TDS already been deducted by the employer, but in july we want to file ITR with eligible claims, so we will get full refund......... please share your valuable advice for the same?


Dibyendu Majumder
04 March 2025 at 15:33

26QC Unconsumed Challan

Dear Experts
I faced a problem in the payment of TDS on rent in Form 26QC of my client. He pays rent on the property INR 90000/- per month and he vacated the property on 28th February 2025. TDS @5% was deducted & deposited for 6 months rent (i.e April-24 to Sep-24) & @2% was deducted & deposited for 5 months rent (i.e. Oct -24 to Feb-25) by submission of 2 No. Challan Cum Statement 26QC.
But TDS certificate 16C was generated @2% instead @5% deposited on total of rental amount INR 540000/- (Rent paid from Apr-24 to Sep -24) from the portal.
The date of Deduction & date of payment is 26th February 2025 mentioned in 2 No. From-26QC
1) Is the rate calculated @5% on 6 month rental amount if i mention TDS deduction & date of rent payment was 30th Sep -24 instead 26th Feb-25, I think i need to pay the interest & late filling fees from 1st Oct-24 to 26th Feb-25. OR
2) Challan INR 16200/-was showing unconsumed in the portal, can I make a refund request to my client bank account without any digital signature?




Suresh S. Tejwani
04 March 2025 at 15:09

Regarding Capital Gain Exemption

Sale of RESIDENT PLOT (not a RESIDENT HOUSE) is covered under section 54 or 54F?
what are the maximum number of resident house one can hold as per income tax act to claim exemption under this section?


Dhruv Gaglani
04 March 2025 at 16:08

Tax Residency status of diplomat

A German national was a diplomat stationed in German embassy in India from 18/03/2019 - 23/12/2021 i.e. for 2 years and 9 months. Thereafter, she left India and then returned to India on a spouse visa (as she married an Indian citizen residing in India) on 24/01/2022.

How to determine her tax residency status during FY 2021-2022. As per the normal provisions of Section 5, she is a ROR, as she was in India for more than 730 days in preceding 2 years and also a resident in those 2 years (FY 19-20 and FY 20-21)?

My query is pertaining is whether there are any special provisions for residency status for a foreign diplomat under Income tax Act or Vienna convention. As per Section 10(6), only her diplomatic income is exempt from tax. However, if she is a tax resident in India for FY 21-22, then her global income will be taxable in India and further also liable to disclose global assets in the tax return. Also to draw attention to the point she was not a diplomat for the entire FY 21-22. She was on a spouse visa for 3 months stay (Jan - Mar 2022).

Whether she will ROR / RNOR or NR for FY 2021-2022


Chartered Accountant

As per CBDT Order dated 27.06.2024 [issued in F.No. 173/03/2021-ITA-I(Pt.2)] The last date to make payment under Form 4 under DTVSV 2020 was 28.02.2022, One of my client opted for DTVSV 2020 but payment in case of my client was made on 19/03/2022, The status on IT Portal in my client's case was still showing "Awaiting Signed Form 5 from CIT", Therefore I e-mailed office of P-CIT to issue Form-5 and they replied that payment was made beyond the due date hence Form-4 is not found correct to be processed for issuance of Form-5 on the other hand my appeal was pending in ITAT of which Order has been passed u/s 250 of Income Tax Act,1961 The appeal is dismissed on the grounds that the appellant had opted for the Vivad se Vishwas Scheme, settling the tax dispute.
What are further consequences and their solutions?


Chandra Kala

I filed return u/s 148 of the IT Act . Shall I want to revise the return as per show cause notice issued by the Income Tax Audthorities. Please suggest me


Suresh S. Tejwani
03 March 2025 at 16:43

Regarding income tax.

The agriculture land was purchased in FY 2005.
• It was converted to non-agricultural land in FY 2014.
• It was shown as an investment in the 2016-17 ITR
• After 2016-17, ITR 4 has been filed, meaning no balance sheet has been uploaded.
• Other land and plot sold and shown as business income in FY 2021-22 and FY 2022-23
• Some of the sub-plot sold (from converted non agriculture land in 2014) shown as capital gains in FY 2023-24. Remaining sub –plots sold in FY 2024-25 with sales consideration of approximately 5,00,00,000/-.

Whether AO can argue that regular nature of business is builder 54 f not allowed or due to sub plotting of land profit and gain head will apply hence 54 F not allowed ?





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