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HIMANSHU
24 January 2024 at 16:15

Capital Gains JDA

Facts of the case:

A. I the Landowner purchased a property being Land & Building vide Registered Deed of Conveyance in the year 1987.

B. In the year April 2021 I entered into a JDA with a Developer for construction of a Commercial Building on the above mentioned Property.

C. It is agreed that the Developer shall construct and handover to me 50% of the Constructed Premises to be constructed on the said Property..

D. I handed over possession of the said Property to the Developer in the month August 2021.

E. The Certificate of completion of the said project is expected in or around February 2024.

Queries:

1.Cost of Acquisition: In view of the Amendment made to Section 55 applicable from April 2021 whether I shall be eligible for stamp duty value or fair market value of my property as on 01.04.2001?

2. Indexation:
Whether Indexation is to be calculated as on the Year in which the Joint Development Agreement was executed i.e. April 2021 or till the year of the project receiving the Completion Certificate i.e. February 2024?

3. Full value consideration of Landowner: Whether Stamp duty value of my share in the constructed premises will exclude or include the cost of Land?
Kindly quote any case laws of ITAT or High Court regards to Query No. 3.


Dipen
18 January 2024 at 16:46

GST cancellation not allowing on portal

Dear Experts,

I am filing one GST Cancellation application however unable to file it due to below message:

"Warning Application of Cancellation of Registration is not allowed as you have filed an Application for Amendment of Core fields vide ARN xxxxx which is pending for Processing with tax official"

This is on old application made in 2020 for which reply was not submitted and tax officer has still not rejected at his end.

Please advice

Regards,


Smrity
18 January 2024 at 16:41

Tds on HSN code 998391

We had interior designed our new office. He had only made the designed, and the labour work and material was carried out by an altogether different contractor.

Can we charge 1% tds on the designing services, given the HSN code 998391. The vendor's CA has told TDS can be charged under contract.


praveen Nautiyal
24 January 2024 at 16:15

TDS ON MOTIVATION SPEAKER FEES??

Our company has organize an event of motivation for company staff, he is charged fees 1198000+18% = 129800, and he his mentioned "Consultancy Fees" on Invoice.

now Please tell me how tds will deduct on which section?? 194J-10% or 2% ?


CA. Pulkit Rastogi
18 January 2024 at 13:27

Digital Painting

Sale of Digital painting is sale of goods or sale of services where only a photo is created with the help of some softwares and created photo is sent through internet. And what if this sale is outside India. Is it a export of service or goods?


Ashish Kumar Pandey

Dear Sir,

If an Indian company paid yearly subscription fee to a foreign company, for view latest fashion of leather products on his web portal through login id which is provide by foreign company and received subscription fee yearly for that id.

Foreign company have an Indian PAN registered with his London (UK) address and no PE in India.

TDS applicable or not if yes then which section.

Form 10F & TRC required or not.


Mahabir Prasad Agarwal
18 January 2024 at 13:05

Cancellation of sale invoices

Sir, Issued Invoices during May,2023. No e-way bill raised, because no movement of goods, only repairing charges. May I cancel the said bills during filing of December,2023 GSTR ?


munesh nigam
18 January 2024 at 12:23

30% perquisite tax on EOSP

Need input on income tax calculation as my company allotted me ESOPS after deducting 30%
as i already vested my share and amount i got is again taxable in my income? or i can exempt the amount as tax is already paid while vesting the shares?
any input on my query will be helpful.

Thanks in Advance
Munesh


Tide

Goods exported with Payment of IGST - invoice was wrongly uploaded as Without Payment of Tax in August GSTR1. The same was amended to Exports with Payment in October GSTR1. However, we have not received the refund yet. Validation status showing SB004, but invoices not showing in IGST sanction status. How to go about getting the refund?


Prithviraj
18 January 2024 at 11:36

About FIIS

Hi,
How can a retail investor in market can open FIIS foreign institutional investment account for trading?







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