Suraj

Dear Sir / Madam,

My query is related to Long term capital gain on sale of property.

1) Mr A has purchased 2 adjacent flats in March 2021 in joint ownership with his wife. He combined two flats and made as one flat with one kitchen. The society issues two separate maintenance bills for each flat.

He has sold his 1 flat, which was in joint ownership with his Mother Mrs B, in
December 2021. Thus, he is eligible for claiming capital gain tax exemption u/s 54 as the 2 flats were purchased by him 1 year before this sale.

In old property, which was sold, The mother's name was added to take the benefit of lower interest housing loan which was given to woman borrower. But the housing loan repayment was made by Mr A only.

So my questions here are that:
1) Can we show 2 adjacent flats as one home purchased against sale of the property for Mr.A??

2) Can we consider share of Mrs B in flat as 5% only while calculating the capital gain, as she was joint owner for namesake??

3) or its okay if we show entire transaction in Mr. A's return only, without showing anything in the return of Mrs B, though her name was there in both the purchase & sale agreement of old property.


The same Mr A is selling his ancenstral property now and investing in another new house.
Can he claim capital gain tax exemption on this sale also, being a separate trasanction??

Kindly guide.

Thank & Regards,
Suraj


CA Parul Saxena
07 February 2022 at 13:30

GSTR9 query Table 6 and Table 7

From Apr 20-Sep20-Gross ITC-Rs1000 and Discount-Rs.100 i have shown in Table 4(A)=Rs.900 (1000-100)
From Oct 20-Mar 2021-Gross ITC-Rs.2000 and Discount-Rs.500 i have shown in Table 4(A)-2000 and Table 4(B)-Rs.500 (Reason being from oct 20 onwards System computed 3B depicted CDNR fig in such a way so i adopted such presentation like showing reversal under Table 4(B))

Now my query is in Annual return GSTR9 now how to present such data?

Method 1:- Table 6-Rs.2900 and under Table 7-Rs.500
Method 2:-Table 6-Rs.3000 and Table 7-Rs.600


Daivshala Madnure
31 January 2022 at 18:00

Cash expenses book against bank transfer

We are Pvt Ltd company.
our director transferred some funds from company bank account to his personnel account and balance is not getting Tally with his expenses voucher. Debit balance still remains in to his account.
Can we adjust this balance with Cash expenses vouchers. if yes, which cash expenses we can book against this advance.


jaigurudev
31 January 2022 at 17:53

Gstr rate allicable

dear sir, i purchase packing material @18 gst and 12% gst and use for oil packing and sold @5% gst and hence gst payable is nil.gst officer want that i should pay gst.please advice me where is i am wrong?


CA. Ratan Kumar Rana

we are facing a crucial problem while filing the return for the Assessment Year 2021-2022 and the problem is when we tried to upload the Return through offline and online mode and after attaching the excel or Jason file in both the cases we are facing validation error message from portal in both the cases and when we tried to connect with IVRS help desk number after mentioning the numeric value of PAN and Date of incorporation value it has been told through IVRS that the PAN and Date of incorporation is not matching with the Department database.


NIRMAL DAVE

Dear All,

I have certain question regarding GST as below:

1. Manufacturing Company receive labor service in relation to packing of goods from one contractor. Contractor is unregistered person in GST. Whether company is liable to pay GST under RCM in such situation?

2. A manufacturing company import certain goods under advance authorization scheme. Whether a company need to pay IGST under RCM in such a case?

3. A Manufacturing company take the advantage of advance authorization scheme and not paying IGST on import. In such a case is company eligible to claim refund of IGST paid on export done by it?

Please do the needful.

Thanking You.


phanikumar

Sir,

Delhi Interstate Supplier has supplied goods on "Door Delivery" basis through GTA Transporter (Freight on 'TO-PAY' basis) and generated e-waybill as well as Invoice both Billed to and Shipped to in favour of 'A' Party at Vijayawada Godown (Andhra Pradesh State), but 'A' Party managed GTA transporter to deliver the goods to his dealer at Kakinada (Andhra Pradesh State) under cover of his ('A' Party) Invoice and e-Waybiil from Vijayawada (Andhra Pradesh State) to Kakinada (Andhra Pradesh State) in the same Vehicle and Transport.

Kakinada Party will pay Freight Charges directly to GTA Transporter as per agreement between 'A' Party and Kakinada Party and 'A' Party does not bear Freight Charges. Delhi Supplier is unaware of the said transaction.

My doubt is that whether Tax under RCM is liable to pay by Kakinada Party or 'A' Party is liable to pay as the Interstate Dealer has generated Ewaybiil / Invoice and L/R is up to Vijayawada (Andhra Pradesh State) destination in favour of 'A' Party.

Please clarify my doubt Sir


sabharinath
31 January 2022 at 16:51

TDS 194Q deduction

I have 4 scenarios causing confusion on what amount I should deduct TDS on. I will list the scenarios below. Please kindly clarify....

1.The purchases for a client is above 60 lakhs from april to june 2021. On july, purchases worth 20 lakhs were made.

2. The purchases started from august. It was Rs. 39 lakhs. On november the purchases worth 59 lakhs were made.

3. The purchases upto june was 24 lakhs. On july, purchases worth 1 crore were made.

4. On august, purchases worth 54 lakhs were made & Tds was deducted. The september purchases were only 10 lakhs. Should Tds be deducted on the 10 lakhs?


Shan

Purchased a property, constructed some flats on that property now selling individually.

Query 1 . How to calculate capital gains on it?
Means what will be the cost of purchase as plot was purchased and now we are selling in part.
Lets say 100 rs property was purchase and now being sold @30*4, some will be sold now some to be sold later on. So how to arrive at capital gain for the purpose of Income tax.
Query 2. Is cost of construction allowed if paid in Cash, runs in several lacs.

Thanks


sakthees
07 February 2022 at 13:30

Difference tax

Sir,
we are raising invoice to our customer vide Inv No.0001/21-22 Dt.09.12.2021 value of Rs.42716/-(Value-Rs.36200/-+C-Rs.3258/-+S-Rs.3258/-(18%).GSTR1 also filed.Now the customer asked and argued to us, it is actual GST rate 12% we will accept the same and they want to raised credit note for the difference tax only (Value-Rs.36200/-+C-Rs.2172/-+S-Rs.2172/-).How to we made the credit note for difference tax amount in tally .pleas anyone suggest me





CCI Pro

Follow us


Answer Query