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anamika mittal
20 January 2020 at 23:34

Chargeability U/s 54F

Dear Sir/ Ma'am
The query involves using of section 54F to claim exemption.

On the date of transfer of a plot, the assessee owns two residential houses. No income from house property is being earned from both the houses. As per my understanding of the section, the assessee can claim the exemption from paying LTCG by investing the same in buying a new residential house, if the assessee own more than one residential house but there is no income from the houses that can be charged under income from house property.

As per 54F, the LTCG on long term capital asset is not chargeable provided that nothing contained in this sub-section (1) of 54F shall apply where— 
(a) the assessee,— 
(i) OWNS MORE THAN ONE RESIDENTIAL HOUSE, OTHER THAN THE NEW ASSET, ON THE DATE OF TRANSFER OF THE ORIGINAL ASSET; OR
(ii) purchases any residential house, other than the new asset, within a period of one year after the date of transfer of the original asset; or
(iii) constructs any residential house, other than the new asset, within a period of three years after the date of transfer of the original asset; AND 
(B) THE INCOME FROM SUCH RESIDENTIAL HOUSE, OTHER THAN THE ONE RESIDENTIAL HOUSE OWNED ON THE DATE OF TRANSFER OF THE ORIGINAL ASSET, IS CHARGEABLE UNDER THE HEAD "INCOME FROM HOUSE PROPERTY".

As per my understanding, both the conditions have to be satisfied for the LTCG to become chargeable. In the case discussed above, although the number of residential houses owned exceeds 1, but there is no income that can be charged under house property.

Kindly help me out with the same. 
Thanks and regardsCA Anamika


Braj Bihari pandey

What Should be the reason for condonation of delay if the assessee had not received any notices/assessment order and assessee had no Advocate or CA ??


BILAL AHMED

Hello,
I have a query regarding applicability of tds on payment made for ocean freight to agent of non resident company.
whether TDS applicable on such payments? if yes then under which section. 194C or 195 or any other section.


nithi
20 January 2020 at 18:44

Statement of Fact and Ground of appeal

The appellant is a Agricultural Credit Cooperative Society. But the appellant is not filed the return of income. the case was selected for scrutiny to verify cash deposits made during the demonetization period. Subsequently order under section 144 passed by the assessing officer by treating the entire cash deposit made during demonetization period as income for that assessment year. But the assessee is a primary agricultural credit cooperative society. Therefore, deduction under 80p is availed. Can any one provide a draft format of statement of facts and ground of appeal.


Kapil Kumar Singh Adv

......but as between persons who became directors on the same day ,
those who are to retire shall ,
in default of and subject to any agreement among themselves ,
be determined by lot.

My question is that " be determined by lot " applies to

" in default Of "

or " subject to any agreement among themselves "

or both .

My interpretation is this that " be determined by lot " applies to both i.e.

-- in default of any agreement among themselves ,be determined by lot

--- subject to any agreement among themselves , be determined by lot

Because the word used in between " in default of " " subject to " is AND .

Most of the authors / teachers say that

-- "those who are to retire shall , in default of any agreement among themselves. be determined by lots "

---"those who are to retire shall , be determined as per the agreement among themselves '

which in my opinion is not correct


Please interpret the section and express your views on this interpretation

Thanks







Kapil Kumar Singh Adv

......but as between persons who became directors on the same day ,
those who are to retire shall ,
in default of and subject to any agreement among themselves ,
be determined by lot.

My question is that " be determined by lot " applies to

" in default Of "

or " subject to any agreement among themselves "

or both .

My interpretation is this that " be determined by lot " applies to both i.e.

-- in default of any agreement among themselves ,be determined by lot

--- subject to any agreement among themselves , be determined by lot

Because the word used in between " in default of " " subject to " is AND .

Most of the authors / teachers say that

-- "those who are to retire shall , in default of any agreement among themselves. be determined by lots "

---"those who are to retire shall , be determined as per the agreement among themselves '

which in my opinion is not correct


Please interpret the section and express your views on this interpretation

Thanks







Manthan
20 January 2020 at 18:26

TDS on Photography Services

Our company is taking photography services for printing brochures of the company. The work of a photographer is to click photo and edit to the some extent and give photos to us. Brochures will be printed by another party.
Is photography service covered under 194C or 194J?


Rajkumar Gutti
20 January 2020 at 18:14

Prepaid exp.

Every year we are paying motor car insurance . The Gst component on insurance value we are not taking gst input credit . Bcoz ineligible. Indurance period spread some current year & some next year .Insurance exp. We devided in two partd current year exp. & Next year prepaid exp. My question is that can gst component is required to split current year exp. & Prepaid exp. Or full gst to current year exp (we are not taking gst input credit. Pl guide.


Chandra Mohan

I have shown less sales in GSTR-1 as compared to GSTR-3B for the F Y 2018-19 and in few months of 19-20 also.. what is the remedy available for me to give correct credit to the customers.

In another case i have shown excess sales in GSTR-1 and less in GSTR-3B and got notice from the dept

Pls guide me the proper remedy for the same..




TARIQUE RIZVI
20 January 2020 at 18:10

Section 139 (9) against notice

The IT department has treated ITR-4 as defective return because of certain mistake in the ITR. The original return was filed after the due date is one of the points to be noted. A notice has been issued to me asking therein to revise the said return u/s 139 (9). As I have to revise the said return u/s 139 (9) , whether can we make changes in balance sheet also simultaneously or all the data of the balance sheet will remain as it is. Please advise me and oblige.







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