MOHIT
13 October 2019 at 17:47

SECTION 44AD(4)

Hi,

Section 44AD(4) prescribes as" where an eligible assessee declares profit for any previous year in accordance with the provisions of this section and he declares profit for any of the five assessment years relevant to the previous year succeeding such previous year not in accordance with the provisions of sub-section (1), he shall not be eligible to claim the benefit of the provisions of this section for five assessment years subsequent to the assessment year relevant to the previous year in which the profit has not been declared in accordance with the provisions of sub-section (1)."

Hence the Query: ----the words declares profit u/s 44AD(1) for ANY previous year - this means any previous year even before this ammendment or after this ammendment..?

for instance, if prior to FY 18-19, an assessee has been declaring profit u/s 44AD(1) for last 6 financial years i.e. FY 11-12 to FY 17-18...now if in FY 18-19 he opts out of Sec 44AD(1),

in this case..can he not opt to re-enter 44AD(1) from FY 19-20, since he declares profit u/s 44AD(1) AND has also been declaring profit u/s 44AD(1) for more than 5 consecutive financial years subsequent to such previous year..FY 11-12...then he should be allowed to re-enter 44AD in FY 19-20 even if he opts out of sec 44AD(1) in FY 18-19...

although from FY 19-20 onwards the condition to declare the profit u/s 44AD(1) for 5 consecutive financial years succeeding that FY 19-20 would become applicable to him again

So, the query - from which year onwards Sec 44AD (4) mandates to check continous declaration of Profit u/s 44AD(1) --ANY year which may even be prior to FY 17-18 or w.e.f. FY 17-18 onwards only...

Awaiting expert opnions with supported reasonings..Thanks


Gopalakrishnan. S
13 October 2019 at 16:38

Filing of Form 10

Sir,

One of my friend, who has GST registration, failed to submit his monthly returns for more than 6 months and hence, his GST registration has been cancelled by the GST authorities.. As his annual turnover is well below the Threshold limit, he is not interested in reviving his GST RC. As such, is it compulsory for him to file the Form 10 ? What should he do to completely get himself out of GST without any future issues. Pls. advice.


Rajesh Kumar Sharma

Dear,
We received a notice u/s 143(2) dated 28-09-2019 and asked to reply within 15 days of receipt of Notice. It means on or before 13-10-19 we had to reply. Can we request for adjournment of case in E-proceeding. What is the procedure to adjourn the case for 10-15 days.


Lakshmi
13 October 2019 at 16:34

Gst

Itc can be claimed on employees workmann compensastion


RONI
13 October 2019 at 13:55

Documents

Sir,
If there is no trade license, as address proof for GST new registration.
What others document can be used as address proof for GST registration, for a shop which is taken on rent.


Arabinda Ghosh
13 October 2019 at 10:51

Sec 35(2AB)

Dear Expert,
A company has filed the application for renewal of recognition of in house R&D. Along with the same, the company submitted manually part b and c of form 3 CK. The company CV received the renewal of recognition in April 2018 only. The company filed online application for approval in sept 2019.

Can company claim deduction u/s 35(2ab) for FY 2018-19?


vignesh kandasamy
13 October 2019 at 07:26

Foreign subsidiary in Europe.

If Indian parent company fails and has a subsidiary in Europe. Will liability of Indian company transfers to foreign subsidiary. Foreign subsidiary is set up in year 2000 and Indian company in 1940.


sampad mohanty

Sir/Madam
I have sold a property on 10/10/2016 and deposited Rs. 40 lac in Capital Gains Account Scheme. However I could not constructed a building during these three years. Now my question is how much interest should I pay for this as I want to deposit this capital gain tax now.


SOUMIK CHATTERJEE

Do a society registered under the West Bengal Societies Registration Act, 1961 is required to be renewed?
If yes, please provide details procedure. The certificate issued after registration donat have any expiry date .


Aarti Jadhav

Dear sir/madam

I m currently working with one famous cooperative society at mumbai , there are total three staff in society office on a contract basis, after deducting 1% TDS we get salary, now my question is can society give us bonus or not?????
Kindly rply as soon as possible
Also send section under the bye law of MCS Act