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CHANDRESH SAVANI
09 January 2020 at 10:36

Appeal against order U/s.144

What is the ground of appeal against order passed U/s.144.


Naveen Kumar Jain
09 January 2020 at 09:55

Return for Unregistered charitable trust

A friend has created a Trust with himself as settler and Trustee. His son and brother are other 2 trustees. The Trust is registered under Indian Trust Act wef 16/4/2018. Application was made for registration u/s 12A but was rejected on ground that it is controlled by family as there were no other trustees outside the family and was closely held. The settler 's initial contribution was Rs 50000/- and he further contributed Rs 2 lakhs in 4 instalments of Rs 50000/- each during 2018-19 to Corpus of the Trust. All are bank transfers out of his personal bank account from his savings/ pension on which tax is paid. There is no cash transactions. There are no other receipts from any source.
During the year Rs 160000/- was paid as stipend to a person who worked on a project in Primary schools in Delhi for providing Yoga and Meditation to control manage and reduce anger, violence, stress in young children, which is one of the objectives of the Trust. It was free of charge for schools and students.
No tax return has yet been filed for A/Y 2019-20 relevant to F/y 2018-19. Now the trust has following choices :-
1. No filing of Return as there is no income or expenditure. Contribution to Corpus which is capital receipt and payment of 160000/- is application of funds. Hence no income/ loss
2. File Return showing contribution as Corpus Fund of 2.5 lakh in B/S as capital receipt, and expense of Rs 160000/- as salaries in P &L with business loss of 160000/-.
3. File Return with no income under Business, No B/S or P & L as there was no business and there is no income/ loss from Business. Show Rs 2.5 lakhs received from Settler as exempt income under Income from other sources -Gift from blood relatives as all trustees are blood relations and there is no other money received from outside persons. Treat it in same way as HUF. The money gifted as Corpus is out of tax paid amount.
4. Show Rs 2.5 lakhs as income from other sources (under sec. 56(2)(x) ) and pay tax on it. But this will amount to double taxation as settler has already paid tax on it and considering all trustees are blood relations and there is no money received from third persons, tax on such amount is unjust.
Kindly give your expert opinion as to which action should be followed.


Dhruva Shukla
09 January 2020 at 09:50

Set-off of losses u/s 44AD

Dear Experts,

Suppose in Assessment year 2018-19 the profit was calculated under normal provisions of IT Act and resulted in a loss of 1,00,000 which was carried forward. (this did not have any unabsorbed depreciation - only normal business loss)
In the next year (Assessment year 2019-20) the assessee opted for presumptive taxation u/s 44AD and this resulted in a deemed profit of 1,20,000.
The question is, can the last year loss of 1,00,000 be set-off against the current year deemed profit (under section 44AD) of 1,20,000.
Thanks in advance for your guidance


vin
08 January 2020 at 23:46

RCM on rent

Are we liable to pay tax on rent paid under reverse charge mechanism now


Anshu Gupta
08 January 2020 at 22:53

Form 112

I started my articleship from Akola


TUSHAR VASUDEO THOSAR
08 January 2020 at 20:14

Income tax decrese

1.4.19 To 31.3.2020
Pay 734014
DA 75108
TA 4200
HRA 54624
DA Arre 22618
Total 890564
PF 2500
ST Deduction 16 A 50000
Gross Total Income 838064
80 C 150000
Gross Salary 688064
Limit Slap 500000
Taxable Income 188064
Rat Slap 20 % 37612
UP To 500000 Tax 12500
Taxable 50112
Educ ess 2004
Total Tax Accumalated 52116
Tds Paid 6000
Tax Payable 46116
Tax Descress Solution ?????????


hari haran
08 January 2020 at 20:01

Interest U/s 234A

For the Asst. Year 2019-20 due date for filing the tax audit case 31th Oct 2019 extended from 31th September 2019...Therefore, what is the delay in months for calculation of Interest U/s 234 A whether from 30th September 2019 or 31st Oct 2019?
Ex. if the date of filing is 31st Dec 2019 ...interest U/s 234 A calculated 2 months or 3 months?


Gopalakrishnan. S

Sir,

We as our annual turnover is less than 1.5 crores, we are filing GSTR 1 on quarterly basis.
Now, for the 3rd quarter ( Oct to Dec 19 ) can we file the GSTR 1 before 31.01.19 without late
fee ? Pls. clarify.


Vivek Sharma
08 January 2020 at 18:13

Reverse charge on rent

My client registered in GST as a composition dealer is paying rent 8500 of his shop to shop owner (unregistered ) .is my client have to pay 18 % GST on rent ?
Please give details.
9805884007
Himachal Pradesh


prateek shrimali

If a trust not taken Registration u/s 12AA or 80G but registered under only Rajasthan Act No.28,1958. we file income tax return but notice u/s 143(1)(a) issued by department and not allowed expenditure incurred by the trust and proceed the return without giving exemption of expenditure and raise demand.
Kindly give us proper solution how to remove demand and proceed the return







Answer Query