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MAHESH JOGU
05 March 2021 at 17:30

REAL ESTATE BUSINESS

I WANT TO KNOW WHETHER TO START REAL ESTATE BUSINESS AS SOLO PROPRIETOR OR AS COMPANY OR AS FIRM


Need Help
05 March 2021 at 17:28

Advance Tax, STCG , Business Losses

I need expert guidance. Post a scrutiny assessment a demand order has been issued by AO for FY 2017-2018 . Need guidance on appeal. 1. Assessee is salaried employee but for FY2017-2018 , also had STCG, Interest on savings accounts , Gain on sale of company shares on which STT is not paid but taxed as perquisite. 2. The Assesses also had Losses on business Income ( Non-speculative ) in derivatives trading, Losses on business income from ( speculative) Intra day trading. This is 1st year of business commencement and losses thereof. 3. 3 heads of income quoted in bullet 1 incidence of which happened as below Q1 - less than 5000, Q2 - less than 2000, Q3 - less than 50,000 and Q 4 - 33,00,000 4. Losses from Non-speculative business were Q3 - 12,50,000 and Q4 - 63,00,000 5. Losses from speculative business were Q2 & Q 4 - 8,50,000 The assessee did not pay advance tax as his primary source is from Salary. For Q1 and Q2 his net tax liability did not exceed 10,000 post TDS and tax relief . And for Q3 and Q4 - this income has been set-off against Non-speculative Business losses under provisions of Sec 71. For FY2017-2018 the last date for filing return along with a tax audit for those in scope was extended to 31st Oct 2018. Original return filed on 03/10/2018 and revised in 3 days and refiled 06/10/2018. Post the proceedings the AO has concluded the following. 1. He has taxed STCG at 15% and ignored Sec 71 provisions 2. Charged penalty for delay in paying Advance tax. 3. A penalty for delayed return filing. 4. Also while taxing STCG at 15% he has also allowed set-off against Business losses and resultant balance loss has been carried forward. Are these correct and also the following appeal by Assessee - kindly guide. 1. STCG should not be charged at 15% because gains have been set-off against business losses which happened in Q3 & Q4 and Sec 71 applies. 2. Advance tax eligibility - given that across all 4 quarters at no point tax liability post TDS and tax relief exceeded 10,000. 3. Assessed Income in ITR and post the proceedings has not changed. Is the demand notice valid? 4. Also given the complexity of filing ITR3 , the STCG, LTCG ( exempt income for FY17-18) and business losses were not accurately reported. STCG, LTCG revised upwards. Business losses carried forward non-speculative ( 8 years) and speculative ( 4 years) were under reported as the ITR number should have been higher. 5 . further AO has issued a notice for penalty proceedings under 270A. Kindly guide and do let me know if you would need any additional information please.


VIPIN GUPTA

Dear sir,
We have sold Land and Building of a factory on building we were claiming depreciation. The Factory is closed Since 2008. WDV of the Building as on 31/03/2008 was Rs 5 Lacs. Now the Problem is the registry does not contain bifurcation of Land and Building. Can we arrange for Valuation of the Building and take it as its sale consideration and balance for Land. Or We have to Take RIICO DLC rate for land and balance for Building.


vin

Can we make provision for income tax in case of sole trader as income tax is not expense for sole proprietorship business,it is owner's own expense?


TARIQUE RIZVI
05 March 2021 at 16:01

Revenue Stamp Issue

We have to make daily cash payment as of Rs 5,000 to one our supplier. Please let me know the slab of revenue stamp and how much payment can be made in cash to a single person during the whole year.


sankar ponnan
05 March 2021 at 15:25

ITC

SIR-
I am having a steel trading shop. Can I avail GST inputs on the purchase of Office equipments and stationery and utilize the same against the GST outputs?
Plz guide me
Thanks in adv


vishal kadam
05 March 2021 at 15:01

Invoicing

Good After noon All,
Please suggest that, Security deposit given should be mentioned in Tax invoice also or should be return separately ??


Lax Jaspal
05 March 2021 at 14:19

NRI status

I went to the Abu Dhabi office of my company ( Head office at Delhi ) in July 2019. I returned temporarily in Jan. 2021 and joined Delhi office. I spent 83 days in India in the FY 2020-21. Now, again I will be going back to Abudhabi office ( under same visa ) in June 2021 for a short period.

Will my trip to India in Jan.2021 be considered as a visit ?
The year of return in this case will be FY 2020-21 or FY 2021-22 ?
If so , my residential status for FY 2020-21 be considered as NRI ?


swetha
05 March 2021 at 14:06

PROFESSIONAL TAX REGISTRATION

company needs professional tax registration in karnataka
whether need to register for employer and employee
what is EC and RC and where to register in professional tax portal


tony
05 March 2021 at 13:34

Gst rate in composition

Dear Sir,
If a Banquet hall owner opts for composition then what what would be composition rate for following activity -
1. Provided only building for marriage and other functions.
2. Provided building and catering service.







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