Prajakta Potdar
06 August 2024 at 12:25

Irregularities in filing form 10B

A statutory body is enacted as per Advocate Act 1961. As per Supreme Court Judgment, income of statutory body is exempt u/s 10 (23 A) and section 11.

Since AY 2020-21, Form 10 B is mandatory to be filed. Due to lack of knowledge, Form 10B was not filed in time.

Income tax sent notices since AY 2020-21 , 2022-23, 2023-24 and made all income taxable. How to solve all the problems. Please guide.

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CA Ritu Chauhan
06 August 2024 at 12:25

Section 80JJAA in second & third year

A Company claimed deduction u/s 80JJAA in the AY 2023-24 after fulfilling all the conditions specified u/s 80JJAA. In AY 2024-25, the company has hired new employees but total number of employees as on 31.03.2024 is less than that as on 31.03.2023 because many employees have left the company. Whether the company can claim deduction u/s 80JJAA for the second & third year for employees joined in FY 2022-23 & 2021-22 respectively?
Also, for second & third year, for calculating the amount of deduction, whether increment in the salary need to be taken into account or the deduction should be same for all 3 years?

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DEVI SINGH PARIHAR
06 August 2024 at 12:25

Income u/s 44AE

Income Tax Query: In case of transporter who declare income u/s 44AE having a Truck-Trailer and on R.C. of vehicle laden/Unladen wt.(Kg.) 55000/15070 kg. is mentioned and GVW is not mentioned on R.C. so on which weight income u/s 44AE is to be calculate on 55 ton /15 ton. (55 Ton x 1000/- p.m. or 15 Ton x 1000/- p.m.)

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YELLANKI RATHNAGIRI

Mr. X is Land Lord, individual and having Land 1000 Sq Yrds

Mx. Y is Builder

They entered in to JDA (ratio 60:40)
Total 10 flats (6 flats for Land Lord and 4 flats for Builder)

Capital Gain Tax Calculation (after completion Certificate)
FCV 6 Flats * 10 lakhs (SDV value) =60,00,000
Land (40% )Acquisition 3,90,000*348/100=13,57,200
Long term Capital Gain= 46,42,800

Here my doubts:
here Stamp Duty Value means flat construction cost and land (undivided Share) cost
Can we reduce land cost from this SDV Value to take FCV value because here in my opinion construction value is only out consideration. 60% land was hold with us as undivided share.

if not why shouldn’t be reduce land cost?

Please give reply

Thank you

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Chandra Kala

For want of registration u/s 12A society was forced to pay tax for the A.Y.2022-2023 & 2023-2024 and 12A registration was given for Rs.2024-2025. Whereas, as per circular no.6/2023, dt:24/05/2023 exemption could be claimed for A.Y.2022-23 onwards if form 10A is not yet submitted is it possible to submit again application for 12A Registration for the A.Y.2022-2023 & 2023-2024.

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Madhab Chandra Mandal
06 August 2024 at 12:36

Short deduction on inoperative PAN

Sir,
Our two employees PAN is inoperative due non linking with aadhar. Salary paid to them for FY 23-24 was Rs.573201 & 527315. They opted new tax regime. So no tax had been deducted. TDS return filled and return processed with defaults. Justification report shows short deduction of TDS Rs. 99640 & Rs.90463.
Does provision of Sec 206AA applicable as the employee is not liable to pay tax.
Pls reply what to do.

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Madhab Chandra Mandal
06 August 2024 at 12:36

Short Deduction for inoperative PAN

Sir,
Two of our employees PAN was not linked with aadhar. Their salary RS.473501 & 427532. I have not deducted Tax as salary is not taxable. I have uploaded TDS return 24Q and choose new Tax regime.
Mt TDS return processed with defaults. After downloading Justification report I found that short deduction Rs.79700 & 70506 was mentioned for Inoperative PAN.
Both the employees are not taxable then why short deduction was mentioned in justification report.
Pls answer.

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rmalhotra

An individual & his spouse purchased a flat in joint names while they were employed and were resident in India. Thereafter they both went abroad and become subsequently NRIs. But flat in India is still lying closed and is not rented out and is in self possession only and they are not earning any rent etc as it is not let out . There is no loan and no interest liability . Hence following queries:-

1. Are they still required to fill schedule of " Income from House property " in their respective ITRs when income of house property is NIL. OR they are really not required to fill schedule at all , as there is only one property and is in self possession only. ?

2 Are both of them required to show same flat in their individual returns ( as there is only one flat ). as the flat is in their joint names as " co-owners " ,??

3. Is it compulsory to fill schedule of " Income of house property " even if there is one property and that too in self possession and with "NIL" income therefrom.???

4 Will there be any issue foreseen when they will sell this flat some time in future but are not filling schedule of " Income from House Property" of present years when they are still owners.????

Pls guide on above four points assuming that there is no loan interest to be paid .

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CMA Sagar Das

Please tell me based on any supporting case law/notification that TCS will be applicable on sale of Dolochar/Dolachar/Coalchar or not?

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Ecstasyvio
10 June 2024 at 13:19

Capital gains sundeep

I shown full amount of LTCG in fy2012-13,though I received rs.10 lac less due to some condition in the agreement. But A.O. asked to declare full amount and deposited in NHAI for 3 years then. those ten lacs I am due to receive now .should it be redeclared ? if yes how? what about tax on it.?

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