B.P.Mundra – Page 4 – This site is for Direct and Indirect Taxes

WHERE PERSON(S) HAVING LAND WANTS TO JOIN HANDS WITH DEVELOPER ON OR AFTER 01.04.2018 FCA B.P. Mundra and Advocate Atharv Mundra Key words: Section 45(5A), Section 43(3), Joint Development Agreement, JDA, Capital gains, Capital gains to land owner, entered…
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Question: Whether assessment order would be void ab initio when the ld. Assessing Officer failed to issue a notice under section 143(2) of the Income Tax Act. Further whether procsseding u/s 263 action can be taken: ITAT KOLKATA decided the issue on 27.8.2022

Question : Can the statutory benefit under section 54 of the Income Tax Act, be denied to the assessee merely for the reason that the name of the wife was included in the property newly purchased? HIGH COURT OF DELHI passed the order on 22nd September, 2022

Question: Whether penalty u/s 270A can be saved for deduction claimed as business deductible expenditure for payment of Cess on income tax and surcharge in any previous year?

Series: Notice u/s 148 recd. What to do Check list: point first : Pls see the date and time of digitally signing of the Ld. AO and digitally granting of approval by the Prescribed Authority. HIGH COURT OF ALLAHABAD decided on SEPTEMBER 8, 2022

Question: Can AO reassessment order frame without considering the objection to the reopening of the assessment under section 147 of the IT Act? HIGH COURT OF ORISSA passed the order on this issue.

Whether remuneration to partner should be first allowed or brought forward business losses should be first set off? Ahmedabad tribunal decided the issue is very useful.

Question: Whether penalty imposed under section 270A is to quashed when AO as well as assessee has used the same details to arrive at different conclusions i.e. differing quantum of disallowances under section 14A of the Act. High Court of Delhi decided on this issue on May 31, 2022.

WHETHER PERSON(S) WANTS TO DEVELOP HIS OWN LAND SHOULD JOIN HANDS WITH DEVELOPER BY ENTERING INTO JOINT DEVELOPMENT AGREEMENT OR ENTER INTO PARTNERSHIP OR ASSOCIATION OF PERSONS OR BODY OF INDIVIDUALS AS PARTHER OR MEMBER BY TRANSFER OF LAND AS CAPITAL CONTRIBUTION?

Q Can condonation of delay in filing appeal be acceded without a written request? The Hon’ble ITAT, Agra passed the order in the similar circumstances in the case of Netra Pal Singh v. Asstt. CIT on dated 23 April 2003 vide IT(SS)A No. 89/Del/1997 Block period 1985-86 to 1995-96

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