Neha
15 February 2025 at 11:22

Clarification regarding IMS

Dear Sir/Madam
Plz guide
If my GSTR 2A is Showing record of an invoice of inward supply to me BUT I DO NOT DESIRE TO CLAIM ITS ITC of this Invoice in GSTR 3B. I will take full invoice value as an expense in accounts.
Do I need to REJECT this invoice in IMS ?
or let it remain in IMS. and not claim in GSTR 3B


James Edward

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Suraj

Dear Sir / Madam,

I wish to know about taxation, in layman's language, in the case of the redevelopment of a building for its members. I have read a few articles, but I did not get clarity on taxation, its reporting in ITR, etc. My queries are as follows:

This building is a Pagdi building situated in Mumbai, where the tenants have come together for the redevelopment of the building. They will receive 450 sqft in exchange for their earlier 240 sqft. The building was constructed in 1945.

There are two types of tenants: A) Tenants who are not going for additional area other than what they are eligible for, i.e., 450 sqft. B) Tenants who are going for additional area beyond what they are eligible for, i.e., may go up to 600 sqft.

The development agreement is entered into on 14-02-2025. Also, note that the tenant is not selling the flat.

My questions are as follows:

1) Is the tenant required to show this transaction in their ITR for AY 2025-26 as a sale of property? If yes, what could be the cost price and sale value? Will there be any capital gain in both cases mentioned above?
2) Is the tenant required to obtain a valuation report as of 01-04-2001 and 14-02-2025?
3) If not shown in AY 2025-26, and the construction is completed after two years, say on 14-02-2027, is the tenant required to show this transaction in the ITR for AY 2027-28? What would the cost price and sale value be in this case?
4) Is the rent received from the developer for relocation to another place taxable?
5) Is any hardship allowance received taxable in the hands of the tenant?
6) Is GST payable by the tenant at any point during the entire redevelopment process?

I would be grateful if someone could clarify the above points and also provide any additional points to consider from a taxation and ITR reporting perspective.

Kindly revert.
Regards,
Suraj 


Sandip Makadiya
14 February 2025 at 19:15

Gratuity fund withdrawal from LIC

Dear Experts,

ABC Pvt. Ltd. (Company) has setup Gratuity Trust in FY 2016-17 and started gratuity investment with LIC. At that time, LIC informed to Company that they just need to intimate Income Tax department and don’t need any other approval.

Company has further started another manufacturing plant Gratuity Trust investment with another private Company.

So, in current situation, Company has Gratuity Trust Deed & PAN, but don’t have any approval of Income Tax Department. They just have intimated to Income tax department in FY 2016-17

Now in FY 2024-25, Company wants to switch to other Company by way of withdrawing funds from LIC, because of higher interest rate and other benefits.

Now for withdrawal of fund from LIC, LIC is asking for permission of income tax department. My questions are:

1. What is the process to obtain permission from the Income Tax Department for withdrawing funds from LIC?
2. What will be tax implication on withdrawal of funds from LIC?
3. Since the company only intimated the Income Tax Department in FY 2016-17 and did not obtain approval, does the existing Gratuity Trust qualify as an "Approved Gratuity Trust" under the Income Tax Act, 1961?
4. Are there any potential penalties, interest, or disallowances under the Income Tax Act due to the lack of prior approval for the gratuity trust investment?
5. Will the withdrawal and transfer of gratuity funds impact the tax treatment of past gratuity contributions made by the company?

Your guidance needed.

Regards,
Sandip


binu sukumaran
14 February 2025 at 18:55

LIC input tax of partner

Sir.
One of partnership from take LiC for this partner(husband & wife).They make payment through firm account. Input reflect in 2B. Can get calim in 3B.
Please advise
Binu


srinivas.b
14 February 2025 at 17:38

Section 128A

Hi, advance thank you for your reply

while filing S128A waiver scheme , even after attaching the document

1. Self-certified copy of the order - it again asks for- Annexure document upload is required.

how to solve this issue?


Gaurav Pandey
14 February 2025 at 17:28

Rcm pay on Rent

I paid RCM on Rent on Commercial Building. Building owner unregister person, and I claim ITC on same month. But i received a Notice mismatch GSTR- 3B and GSTR- 2A. How can pay RCM without received GST Notice.
Please help me asap


Somnath Chavan

Dear Sir/Madam,

I am writing to seek your guidance on uploading a revised Annexure J1 for the financial years 2013-14 and 2014-15. One of our customers is not receiving the input of VAT as it was mistakenly booked as a sale to an unregistered party.

We have corrected the mistake and now need to file a revised Annexure J1 to reflect the correct information. Could you please provide us with the following guidance:

1. Procedure for uploading the revised Annexure J1
2. Required documents and information to be submitted along with the revised Annexure J1


Dipen
14 February 2025 at 15:15

Rebate_Capital Gains

Dear Experts,

For FY 24-25 , rebate on short term capital gain is allowed if net total income is below Rs 5L under old regime. However is the same available under new regime if net total income is below Rs 7L. Last year the same was controversial , but is there any clarification for FY 24-25 for new regime?

Also in Budget 2025 , is it removed for both - old and new scheme?

Please advice

Regards,


Mahabir Prasad Agarwal

Under new Tax Regime, deduction U/S.80CCD(2) is allowed, if contribution is made by employer. What does it mean ? If my employer did not make any contribution, may I request my employer to contribute the same ? Whether this contribution amount will be deducted from my salary ?