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Easy Office


siddhesh verma
29 April 2023 at 15:46

Holding period under section 54F

For claiming deduction u/s 54F we have to invest amount in residential House and also hold such property for 3 year but my issue is 3 years is counted from which date from the date of payment or from the the date of possession of Flat.


Farzana

Dear Experts,
I registered in composition scheme on July 21st 2022 after my turnover crossed 20 Lakhs (Threshold Limit) on 15th July. I filed for Q2, Q3 & Q4 filing for the amount I received after July 21st 2022. Now it is annual return filing period and I confused what to file in my aggregate turnover. since I collected 22 lakhs in the period before registration of GST and 27 lakhs in the period after registration of GST and I paid tax for 27 lakhs during Q2, Q3 & Q4.
Kindly help me what to mention in Annual Aggregate turnover.


TARIQUE RIZVI
29 April 2023 at 14:43

Auditors Trial Version

Ours is a private limited company having a sales Turnover for the financial year 2022-23 around 2.24 Crores as at 31st March 2023. We are maintaining our books in tally 7.2. We have come to know that our auditors will have to follow rules of auditors trial version. Can someone make me understand in detail the issue of auditors trial version.


VARMA
29 April 2023 at 13:52

Advise on FEMA for payment in usd

I need advise, whether we can pay local payment in USD. Vendor registered in india and purchase invoice will be issued in USD. for contract execution outside india.


ritesh shah

HI,
I have recently created a HUF with my Dad, where I am karta (as per ITAT online ), and dad coparcener (my HUF DEED consist ONLY me and Dad )
For financial tax planning suggest safe ways to avoid clubbing provision and Tax Notices from below.

—----
Option 1: BRINGING RENTAL INCOME TO HUF
I am co-owner in a purchased office with my parents (during 2005, my age around 23 at that time), NOW, I want to bring in rental income to HUF without getting Clubbing provision.

> Query 1. From the following which is safest way without getting IT NOTICE, or tell me best solution available with you.
1. Making a registered gift agreement by karta (doner) to huf (donee) without any consideration, so, will that get clubbing provision on earned    or
2. making first LONG LEASE agreement between karta (landlord) and HUF (AS A TENANT) , (where 3000 rent paid by KARTA to HUF     &    In the second agreement, by way of sub tenancy or Leave & Licensing same office at 30000 license fees from licensee MR.ROHIT , so karta receives 3000 rent from huf, and huf receives 30000 license fees from its licensee? Here as HUF is receiving License fees and also paying rent to Karta so clubbing provisions will apply in such a case?. )    or
3. Karta makes will in favor of HUF, so inheritance is denied from karta’s side and SO DOES clubbing apply here.?
 
==========

Option 2. LOAN

To bring my investment in HUF  without clubbing,  Karta gives loan to HUF at 0.5 to 2% per year and huf makes investment , earns interest at approx 10 % per year

QUERY 2. 
1. Does IT Dept allows 0.5 to 2% annual interest Income tax??
2. How much loan can be given to huf safely? 
3. for  this , is it Required to make a notarised  LOAN  agreement for IT Dept?  And is this safe option?
4. How to disclose to income tax about transferred amount as loan?

============

 Option 3, GIFT

Any income from gift given by karta or coparrcener to HUF will bring clubbing provision so,
if,

QUERY 3
1 >>> My UNCLE’S SON , a BLOOD RELATIVE, BUT NOT MEMBER OF HUF , as was not included in HUF DEED., AND AS NOT MEMBER OF HUF he WONT GET CLUBBING, right?,
2. SO ANY GIFT FROM HIM OR DISTANT RELATIVES WHO ARE NON MEMBERS FATHER’S SIDE WILL BE TAX FREE?
3 . >> and DOES special OCCASION REQUIREd to validate GIFT?
most important >> 4. yearly how much gift from relatives and Loan from Karta to HUF should be transferred safely without getting Notice by IT Dept , in this HUF's first commencement year?

===============


Option 4 , INHERITANCE

1. In ancestral property from my mother’s side can i bring MY 33 % share+ additional 33 % share received as gift from my aunty?
2. Which documents (gift deed etc?) need to be prepared, where HUF will be mentioned as beneficiary ?    
3. is MOTHER'S LINEAL side property is allowed to be added in HUF as inheritance?
And 
apart from above , in first commencement year of HUF, SAFELY HOW I can RAISE HUF CAPITAL AND TRANSFER RENT AND  FUNDS  WITHOUT involving  CLUBBING PROVISION and  IT NOTICE ? 
>  (Our income includes from rent of co-owned property and interest from investments)
  

Thanks and kind regards,

ritesh shah - 8779496245


Anu Elizabeth Shaju
29 April 2023 at 13:03

TDS on twitter subscription charges

Is TDS applicable on twitter subscription charges paid to non resident


JOHN MATHEW
29 April 2023 at 12:49

Tds u/s194R

Indian oil corporation has deducted rs 1496 on Rs 14960. we are dealing in quarry business. we consume oil and petrol in large quantity for our machineries and vehicles.
what is the entry for the above tds entry


Nisha Kathuria
29 April 2023 at 12:21

80C deduction mandatory

Dear Sir,

Its mandatory to Claim 80C deduction Can We file ITR without Claim 80C deduction taxable income before 80C deduction Rs.410000/-


sachin Alwadhi

Sir

As per my knowledge tds on professional services of chartered accountant/cost accountant services applicable @10% and need to deposit u/s194 j(b) but on new platform of tds on income tax portal this section is not appearing .only option is 194 j is coming .can we pay tax u/s 194 j for 194j(b) services?


Shweta

Mr A and Mrs are husband and wife.
Mr A gifted shares to Mrs A worth Rs 5,00,000 in 2010-11
Expecting the shares to be sold in current financial year, Mr A and Mrs purchased a house property (joint ownership between Mr A and Mrs A) for Rs 50 Lakhs in March 2022. Mr A provided Rs 20 Lakhs From his personal funds and Rs 30 Lakhs through joint home loan.
Mrs A sold the shares in June 2022 for Rs 50 Lakhs which is also the long-term capital gain for her. The sale consideration from shares was credited in her account and the home loan was disposed off.
Income from sale of shares is to be shown in the ITR of Mr A after application of clubbing provisions of section 64(1)(iv) in Mr A ITR.
Mr A wants to claim exemption under section 54 F for investment done by both Mr A and Mrs A, in purchase of joint property, as Mr A provided Rs 20 Lakhs from his personal funds and Rs 30 Lakhs through joint home loan which was disposed from sale consideration of shares (the money was credited in bank account of Mrs A and loan was disposed through check)

Query - Whether or not eligibility claim of Section 54 F will be accepted by the Income Tax department regarding joint investment / joint ownership of residential house with both Mr A (transferor) and Mrs A (transferee) eligible to claim section 54F on sale of shares.

Please support with relevant case laws, if any.