Suresh S. Tejwani
This Query has 1 replies

This Query has 1 replies

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
This Query has 1 replies

This Query has 1 replies

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
This Query has 1 replies

This Query has 1 replies

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
This Query has 1 replies

This Query has 1 replies

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
This Query has 3 replies

This Query has 3 replies

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 ?


Shantanu Bose
This Query has 13 replies

This Query has 13 replies

Sir,
I had filed ITR for AY 24-25 in new regime on 27/06/24 with 87A benefit on special income and net tax liability became 0 but on 05/07/24, 87A rebate was removed and denied by CBDT and demand notice was issued for 16000/ tax. I paid the demand. Later after Bombay high court judgement I revised my ITR before 15th January 2025 for refund of 16000/ but to no avail after processing on 24/02/25. My question is :

Is it feasible to file an appeal before CIT(A) for 16000/(not a very less amount) and what would be it's consequences? Would I be served justice?
Thanks.


Divyesh Ajmera
This Query has 1 replies

This Query has 1 replies

03 March 2025 at 16:31

Regarding sale of land

• 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/-.
• The crucial question is whether the 2024-25 sale should be treated as a capital gain or business income.
• Can Section 54F be claimed.


Sudhakaram Duggisetty
This Query has 1 replies

This Query has 1 replies

03 March 2025 at 15:32

Exempted Income - Sec 10(10D)

Is sec 10(10D) - Maturity value of Insurance policy is exempt under New Tax Regime for F.Y. 2024-25?


Suresh S. Tejwani
This Query has 2 replies

This Query has 2 replies

03 March 2025 at 13:20

Regarding Demand Payment

IF PAYMENT MADE BY ASSESSEE OF DEMAND UNDER HEAD OF 300 BEFORE PASSING ASSESSMENT ORDER BY AO, THEN SUCH CHALLAN CAN BE SET-OFF AGAINST DEMAND RAISED?


Kollipara Sundaraiah
This Query has 1 replies

This Query has 1 replies

sir,
A Individual small business tax payer house hold expenses rs:4 lacs amount all transactions through bank channel paid f.y. 24-25
Question:
Assessee house hold expenses detailes and any limit provision applicable for one finicial year in it act and house hold expenses detailes asked it department as per sec 142 (1) in it act.





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