Subham Burnwal
04 January 2019 at 00:57

Income from house property

Respected experts during my training I have come across a situation which is related to section 24 and 27. Suppose a person, say Mr.A, from his own income, has bought a house in name of him and his spouse. For buying the house Mr.A taken a loan in his own name.
'Section 27 of the Income Tax Act,1961 states that an individual who transfers otherwise than' for adequate consideration any house property to his or her spouse, not being a transfer in connection with an agreement to live apart, or to a minor child not being a married daughter, shall be deemed to be the owner of the house property so transferred'
Now my question is 1) whether the above case comes under the definition of transfer?
2) since the loan obtained by Mr.A, whether the benefit of deduction of interest on the loan
taken above can be availed my Mr.A only?



Anonymous

Please suggest if there is any case laws related to the case explained below:

There was a Defect in issue of notice u/s 148, and 142(1) and later AO’s failure to issue notice u/s 143(2)
1.AO’s issued notice u/s 148 and u/s 142(1) on 22.03.2018, and thereafter to the address that did not pertain to the assessee. Assessee submitted his original return of income u/s 139 for AY 2011-12 and provided his address of Bengaluru in the said ITR. Assessee also updated his address in the PAN records, simultaneously upon relocating to Bengaluru in 2008. Since then, Assessee has been filing his return of Income declaring his address of Bengaluru in all ITRs.
2. The first communication assessee received about the proceeding u/s 147 was on 20.11.2018 from Income Tax Officer, Noida through email. Subsequently, the proceedings were transferred, Bengaluru, who, based on the income parameters of the assessee during PY pertaining to AY 2011-12. Upon receiving copies of notice u/s 148 and u/s 142(1) as well as intimation of transfer of proceedings from Noida, Assessee submitted his objections to these proceeding to the Bengaluru as well as to Circle 5(3)(1), and requested to the concerned AOs to drop these proceedings. However, no action was taken by the AOs on this objection.
3. Circle passed order of assessment without disposing off assessee’s objection to these proceedings. Such an act is against the principle of natural justice, and has been covered in several pronouncements of various tribunals, High Courts, and Supreme Court.
Therefore, in the absence of a valid notice and service thereof, the proceedings u/s 147 are liable to the rendered as invalid, and order u/s 143(3) is liable to be quashed.

Issuing notice u/s 143(2) is a procedural requirement, however, in the instant case, after submission of return of income in response to notice u/s 148, Learned AO failed to comply with this procedural requirement.
This lapse on the part of learned AO renders the proceedings and assessment void.

As apparent from order u/s 143(3), the Learned AO issued assessment order on 24.12.2018, however, issued a show cause notice only on 27th Dec. 2018. It, therefore, is very clear that the Learned AO had completed assessment, without giving opportunity to the Assessee to defend denial of claim u/s 54. An opportunity given after issuing the assessment order indicates that AO attempted to merely complete a procedural requirement of issuing show cause notice, and there was no real intent to either obtain or entertain assessee’s objections to such denial of claim.
Accordingly, the assessment proceedings suffer from denial of proper opportunity of being heard, and abuse of power.


Thank You.



gunjan bansal
03 January 2019 at 20:12

Gst rate on sub-contractor,

To reduce GST rate (from 18% to 12%) on the Works Contract Services (WCS) provided by sub-contractor to the main contractor providing WCS to Central Government, State Government, Union territory, a local authority, a Governmental Authority or a Government Entity, which attract GST of 12%
please provide notification if any.


CA JAYESH RELKAR
03 January 2019 at 18:20

Future and otpion

DEAR SIR,

CAN INCOME FROM TRADING IN FUTURE AND OPTION BE DECLARED AS INCOME UNDER SECTION 44AD IF HIS TURNOVER IS LESS THAN 2 CRORE FOR FY 2018-19.



Anonymous
03 January 2019 at 17:30

Income tax

One of our client has not paid self assessment tax, His case was scrutinised and addition of unexplained creditors made. Than we file appeal to cit appeal which is dismissed in default as self assessment tax was not paid. Now we file appeal to tribunal, so what are the chances that tribunal shall entertain our appeal and shall decide on merit and shall not dismiss in default.


Pooja Jakharia
03 January 2019 at 17:20

Standard deduction u/s 16i(a)

If suppose there are 40 employees in an organisation then can an employer choose different deductions for all employees......like for one standard deduction of Rs 40000/- and for another transport allowance and medlicalim and not of Rs 40000/-


Anshuman Basu
03 January 2019 at 17:12

Itc on real estate

If A Company provides Construction Services and Company claimed ITC on Purchase of items like Cement, TMT Bar, Glass plywood etc. during construction. Company received advance amount including GST against flat sale booking. My question is, Can Company adjust GST input tax credit against amount received on advance. Please Suggest me with Example


pradeep kumar dokania
03 January 2019 at 17:04

Rcm on security service

SIR,

AT PRESENT THE SECURITY COMPANIES SUPPLY SECURITY PERSONAL AND RAISE THE INVOICE WITH GST.NOW AFTER LATEST NOTIFICATION, WHETHER WE HAVE TO PAID THE RCM ON SECURITY SERVICE OR THEY WILL ISSUE THE GST INVOICE AS USUAL.


DHEERAJ KUMAR
03 January 2019 at 17:00

Tds

Sir

IN 194 J TDS LIMIT IS 30000

I RECIVED ONE INVOICE IN MAY'18 FOR 28000. ON WHICH I DID NOT DEDUCT TDS AS NO FURTHER BILL WAS EXPECTED DURING THE REMAINING YEAR

BUT DUE TO SOME REASON WE GO ANOTHER INVOICE FOR 5000. Now I will have to deduct TDS on 33000
but my query is whether i will have to interest on late deduction of tds on Rs. 28000 in this case

Kindly confirm



Reddy Mohan Reddy
03 January 2019 at 16:37

Noc for premises

The premises is in the name of my father and i would like to use it for the purpose of registered office of the company.
while filing INC-32 the NOC should be written on the company name or on me. And also should the NOC be printed on Stamp paper and notarized.





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