Easy Office
LCI Learning


tds files
04 January 2019 at 09:40

Gstr4

please tell me Purchase details mandatory for filing GSTR4. i.e.purchase details enter in GSTR4 ?


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.




Anonymous
03 January 2019 at 22:26

Resubmission in spice form

I have filed spice form on 27.12.2018 . Can director enter into rent agreement on 4.1.2019 ???
Its urgent pls reply



Anonymous
03 January 2019 at 21:34

Roc charge creation

If "pvt ltd company" avails loan from bank but as loan security promoter has given his self owned property. Promoter also stands as coapplicant in this loan.

Kindly advise if ROC charge creation is applicable or not?



Anonymous
03 January 2019 at 20:59

Completion of ca final exam iind group

My self cleared ca final Ist Group in 2008 , but thereafter due to job we can not completed IIn group . kindly tell me whether in short term study how can complete in IInd group exam.


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.


mangesh
03 January 2019 at 19:00

Gst on agriculture land cleaning

Dear sir,

I contract with one of NGO on behalf of them I will clean the land and weeding services provide. can we charge GST or not?

please reply


Thanks and regards,
Mangesh


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.