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Que. Id Date Description
44885
Jun, 30
2025
MISC. - ( UDIN )

can partner of firm who is also having his proprietorship firm could generate UDIN for any audit assignment conducted by his proprietorship firm ?

BY: PRATIK

Total Answers : 0 | View Answers | Post Answers

44886
Jun, 30
2025
DIRECT TAXES - ( DEDUCTION OF GST PAID WITH INSURANCE PREMIUM )

Dear all, Is GST paid with health insurance premium allowable u/s 80D???

BY: SUDIP KUMAR MUKHOPADHYAY

Total Answers : 0 | View Answers | Post Answers

44884
Jun, 27
2025
GST - ( HSN IN CASE OF SUPPLIES TO B2C )

Dear all, Issue is that is it mandatory to mention HSN code in table 12 of GSTR 1 in case of B2C supplies by a registered person having turnover less than 5 cr ??? Can we refer notification no 78/2020 dt 15/10/2020 ??

BY: SUDIP KUMAR MUKHOPADHYAY

Total Answers : 3 | View Answers | Post Answers

44882
Jun, 26
2025
GST - ( RCM ON URD PURCHASE )

1) Whether RCM applicable on if individual come to jwellery shop for selling his old jwellery? 2) if no then what doucments need to be maintain for such type of URD purchase by shop owner?? thanks in advance

BY: Ninad Prataprao Shete

Total Answers : 1 | View Answers | Post Answers

44883
Jun, 26
2025
DIRECT TAXES - ( 091832 )

How the options turnover is calcluated for tax audit. Whether we have to include the premium on sale of options in turnover ? In most cases absolute profit and losses are taken and not the premium. As per Final draft of ICAI GN Premium received on sale of options is also to be included in turnover. However, where the premium received is included for determining net profit for transactions, "then such net profit "should not be separately included. From exposure draft to final GN the word is" same " is replaced with "then such net profit". So we have to take sale premium and absolute losses for turnover calculation. And leave the net profit as it is already part of sale premium. Please clarify .

BY: naresh aggarwal

Total Answers : 0 | View Answers | Post Answers

44881
Jun, 22
2025
MISC. - ( ADVERTISEMENT IN JUST DIAL )

Justdial persons are calling CA FIRMS to place its name on top 5 or 10 on payment of annual fees which is direct violation of ICAI GUIDELINES. Is it allowed? Whether concerned committee so motto verifies such violations or not. One may see some companies names are spelledout while asking for subscription. Is it allowed. Listing is in the order of the payment made and not alphabetical order. Is this point worth commenting in PEER REVIEW. Please comment

BY: CA.veerendra.T.Murashillin

Total Answers : 2 | View Answers | Post Answers

44878
Jun, 20
2025
DIRECT TAXES - ( FILING OF ITR4 )

Current utility and online filing facility doesn't allow to file Balance sheet figures such as Debtors, Creditors, Stock and Cash Balance in filing of ITR 4. Is it just not required to file or it is lapses in the utility to be updated.

BY: CA. SURAJ KUMAR CHOUDHARY

Total Answers : 5 | View Answers | Post Answers

44879
Jun, 20
2025
DIRECT TAXES - ( 082701 )

A HUF firm was doing business in previous years However it is having only Interest Income during FY 2024-25 But while selecting ITR Form only ITR 4 is available as option not ITR 1 Can we file ITR 4 instead

BY: Mahesh Kumar

Total Answers : 4 | View Answers | Post Answers

44880
Jun, 20
2025
GST - ( ITC ERRONEOUSLY REVERSED )

Can I take ITC now in May 2025 (of December 24), wrongly reversed in 4(B)(1) of GSTR 3B

BY: CA. SURAJ KUMAR CHOUDHARY

Total Answers : 3 | View Answers | Post Answers

44876
Jun, 17
2025
DIRECT TAXES - ( 082701 )

Many times interest figures in AIS are different from as shown in 26AS Can We ignore AIS figs

BY: Mahesh Kumar

Total Answers : 5 | View Answers | Post Answers

44877
Jun, 17
2025
DIRECT TAXES - ( 082701 )

Income of an individual is Rs 705000 for Financial year 2024-25 How marginal relief will appear in ITR 1

BY: Mahesh Kumar

Total Answers : 3 | View Answers | Post Answers

44875
Jun, 16
2025
GST - ( IMPORT OF SERVICES - RCM APPLICABILITY )

Dear Professional Colleagues, If a school avail services of a non resident individual for teaching the students, whether these services attract GST on RCM to be paid by school?. The school is having Form 10AC for income exemption u/s 10(23C).

BY: ESWARAIAH Y

Total Answers : 2 | View Answers | Post Answers

44874
Jun, 14
2025
MISC. - ( PROFESSIONAL ETHICS )

I have seen some CA's writing their certificate course details as degrees on their visiting cards like CCAB (for concurrent audit course), Cert FAFP(for forensic course), Cert BRSR (for BRSR Course). Is this allowed to write on visiting card or anywhere with name?

BY: ROHAN

Total Answers : 1 | View Answers | Post Answers

44873
Jun, 13
2025
AUDIT - ( 082701 )

Ours is a Prop Firm and has been on the Panel of CAG for more than 15 years However for 2025-26 They have not included Our firm name in Empanelled firms list Whether they have stopped Proprietorship firms from getting empanelled with them

BY: Mahesh Kumar

Total Answers : 2 | View Answers | Post Answers

44872
Jun, 09
2025
GST - ( GST ON CENTAGE INCOME )

ABC Limited is a government company with 100 percent shares owned by State Government. They provide supervison services for Construction of Roads, Bridges. For this they receive a certain percentage of the Civil Works as CENTAGE. So basically what happens, A Contractor XYZ Ltd for the construction services raises a Tax Invoice in the name of ABC Ltd. Suppose for Rs 100 they raised a Tax Invoice and charged 18 percent GST on it and the total Invoice Values becomes 118. Now considering Rs 100 as the civil works value ABC Ltd books a centage Income of 8 Rupees in their books. This will be paid by the concerned road construction department. Now does ABC Ltd requires to pay GST on this 8 rupees i.e. Centage Income. If no, why? If yes, then can ITC of Rs 18 be claimed?

BY: AMIT KUMAR

Total Answers : 0 | View Answers | Post Answers

44871
Jun, 06
2025
GST - ( ITC )

There are 3 parties in the cases party A, B & C there is an agreement b/w A &B that A ( the builder) will develop property for B ( another builder) and thereafter B will perform some alteration like re- construction & deliver it to C. Whether the GST charged by A from B ( supply falls under schedule 2)will be available as ITC to B? pls reply with reason.

BY: DEEKSHA GARG

Total Answers : 0 | View Answers | Post Answers

44870
Jun, 05
2025
IFRS - ( FIXED ASSET CAPITALISATION )

Below are the scenario - 1) Office Buiding constructed on freehold land is at the end of it's useful life and fully depreciated. 2) Original Gross Block is Rs.100 Cr with approx carpet area 1 lac sq.ft. 3) The company decides to reconstuct / significantly refurbish approx 10 thousand sq.ft by spending Rs.30 Cr today from own funds. 4) The company management decided to remove proportionate WDV (Rs. 10Cr Gross Block and Rs.10Cr Accumulated Depreciation) and capitalise Rs.30Cr with Building. Questions - 1) Is the above allowed as per IFRS / IndAS ? 2) If yes, should Stat Auditors need to give any special attention or FAP on this ? 3) Are there any references of similiar past practices ?

BY: Debdatta Bandyopadhyay

Total Answers : 0 | View Answers | Post Answers

44868
Jun, 03
2025
DIRECT TAXES - ( 082701 )

A Cooperative society received intimation under sec 245 reg adjustment of incometax dues for Ass Year 2014-15 against pending refund in 10 Mar 25. It chose to disagree .Now it wants to file appeal before CIT Appeals(old CA receiving previous intimation assessee not aware of demand) While vfiling appeal before CIT appeals what date should be mentioned in date of serving the order intimation under sec 143(1) can it be 10-3-25

BY: Mahesh Kumar

Total Answers : 1 | View Answers | Post Answers

44869
Jun, 03
2025
GST - ( ITC ON LEASE )

Can ITC be claimed on Immovable property under construction which is being given on Lease?

BY: DEEKSHA GARG

Total Answers : 2 | View Answers | Post Answers

44867
May, 31
2025
DIRECT TAXES - ( TAXABILITY OF SUPERANNUATION AMOUNT WITHDRAWAL ON VOLUNTARY RETIREMENT )

Employee opted for voluntary retirement and commuted 1/3 of superannuation amount from the approved fund with LIC. LIC made TDS on such withdrawal. Does section 10(13) cover cases of voluntary retirement? Or exemption is available only after specified age for such retirement.?

BY: SHUBHA HEGDE

Total Answers : 2 | View Answers | Post Answers

44863
May, 30
2025
Service Tax - ( SERVICE TAX ON SERVICE PROVIDE FOR AGRI LAND )

Assessee providing service in relation to levelling and developing land which is used for Agricultural purpose by using JCB Machine, Wether Service tax leviable on it?? or its exempt service in relation to Agricultural produce for cultivation??

BY: Ninad Prataprao Shete

Total Answers : 1 | View Answers | Post Answers

44864
May, 30
2025
COUNCIL DECISION - ( AMOUNT RECEIVED FOR GST AND TAX FILING CONSULTANCY IN INDIVIDUAL NAME BUT SIGNING PARTNER IN FIRM )

I am full time partner in CA Firm signing TAx audits and STatutory Audits I have not taken the proprietorship permission in Individual name My query is whether i can receive the Gst and TAx filing consultancy in Individual name and declare in Income tax return without taking specific permission from ICAI and whether it is permitted income as per ICAi or i have to take seperate permission for the same With regards NATESH.S

BY: NATESH.S

Total Answers : 1 | View Answers | Post Answers

44865
May, 30
2025
DIRECT TAXES - ( 082701 )

While filing appeal Form 35 to Commissioner appeals for Ass Year 2014-15,We have to provide details of order appealed against.Intimation issued by CPC only mentions document no Please guide as the appeal is against Demand raised in intimation

BY: Mahesh Kumar

Total Answers : 0 | View Answers | Post Answers

44866
May, 30
2025
Companies Act, 2013 - ( QUALIFIED OPINION AND KEY AUDIT MATTERS )

First Question : What is the applicability of Key Audit Matters to Companies under Comapnies Act 2013 2. Second question Whether Key Audit Matters are part of Qualified Opinion of Audit report of Companies under the Companies Act 2013.

BY: Dnyaneshwar Badrinath Tambe

Total Answers : 0 | View Answers | Post Answers

44861
May, 29
2025
AUDIT - ( 082701 )

Whether it is compulsory to show 8% or 6% of sales as net profit to avoid tax audit if turnover of a prop firm is 99 Lacs (below one crore)

BY: Mahesh Kumar

Total Answers : 4 | View Answers | Post Answers

44862
May, 29
2025
DIRECT TAXES - ( ITR APPLICABILITY FY 2024-25 )

i have an income from my proprietor ship firm and also income from partnership firm as remuneration , which ITR is applicable for FY 2024-25

BY: PRATIK

Total Answers : 3 | View Answers | Post Answers

44860
May, 28
2025
AUDIT - ( 082701 )

A proprietorship firm sales during 2024-25 is Rs 99 Lacs Whether it is compulsory to show Net profit @8%. Last year 2023-24 FY it was under presumptive taxation sales below 1 Crore but Netprofit above 8%During 2022-23 It was being audited

BY: Mahesh Kumar

Total Answers : 1 | View Answers | Post Answers

44858
May, 26
2025
GST - ( 082701 )

A HUF firm is sending free sample to a member's wife abroad on proforma invoice Whether ITC is to be reversed on cost of sample

BY: Mahesh Kumar

Total Answers : 2 | View Answers | Post Answers

44859
May, 26
2025
Service Tax - ( SERVICE TAX ON LEVELLING OF AGRICULTURAL LAND )

Assessee providing service in relation to levelling and developing land which is used for Agricultural purpose by using JCB Machine, Wether Service tax leviable on it?? or its exempt service in relation to Agricultural produce for cultivation??

BY: Ninad Prataprao Shete

Total Answers : 1 | View Answers | Post Answers

44857
May, 25
2025
MERGER & ACQUISITION - ( CONSTITUTION OF NEW FIRM )

Hi , I am qualified as CA in 2022 then Existing Proprietory firm of my Brother adding me as a partner, now can I constitute Proprietory firm and merge it with existing partnership firm without affecting eligibility criteria for empanelment of bank audit?

BY: HAMPANAVAR BASAVARAJA

Total Answers : 1 | View Answers | Post Answers

44856
May, 23
2025
DIRECT TAXES - ( NOTICE UNDER SECTION 221(1) OF THE INCOME TAX ACT,1961 )

Notice uploaded on the portal on Dated 17-03-2020 for the Assessemnt Year 2012-13 on account of demand under section 143 1a. ( Amount is Rs 63,000) While on the portal there is no intimation under section 143 1a. Please advise for solution.

BY: RAJEEV KUMAR

Total Answers : 0 | View Answers | Post Answers

44855
May, 22
2025
AUDIT - ( CRITERIA REGARDING TURNOVER FOR CHANGING FORMAT OF F/S )

What are the criteria regarding TURNOVER for changing format of financial statements of non corporate entities ??

BY: SUDIP KUMAR MUKHOPADHYAY

Total Answers : 3 | View Answers | Post Answers

44854
May, 21
2025
AUDIT - ( REQUIREMENT OF CHANGE IN FORMAT OF FINANCIAL STATEMENTS OF NON CORPORATE ENTITIES )

What are the criteria for changing format of financial statements of non-corporate entities wef 01/04/2024 ??

BY: SUDIP KUMAR MUKHOPADHYAY

Total Answers : 2 | View Answers | Post Answers

44853
May, 15
2025
GST - ( 082701 )

While calculating Eligible input GST for GST refund under inverted tax strucure, authorities are not reducing Adjusted turnover after reducing Inverted sale on account of trading activities Can we appeal against it

BY: Mahesh Kumar

Total Answers : 3 | View Answers | Post Answers

44852
May, 14
2025
DIRECT TAXES - ( SFT RETURN )

A company was listed in the previous year 2024-25 in july month on stock exchange. Weather we have need to file sft return or not since there is a clause under section 285BA - Receipt from any person of an amount of aggregating to ten lakh rupees or more in a financial year for acquiring the shares I have a query weather we need to file the return or there is any exemption for listed companies.

BY: GAURAV KUMAR MISHRA

Total Answers : 1 | View Answers | Post Answers

44851
May, 13
2025
AUDIT - ( WHO SHALL APPOINT STATUTORY AUDITOR FOR CO OPERATIVE HOUSING SERVICE SOCIETY IN GUJARAT ? )

The statutory auditor for co operative housing service society registered in the state of Gujarat shall be appointed by the registrar or the managing committee of society ?

BY: CA KEYUR SUKHWANI

Total Answers : 1 | View Answers | Post Answers

44850
May, 11
2025
GST - ( 082701 )

We have sent one consignment of 18 kg by Courrier to canada on Proforma invoice stating sample consignment . Value stated is CAD 400 Rs 24600- without giving bifurcation of Value and courrier charges. An amount of Rs 15500 Taxable value + GST has been paid to courrier company Are we to reverse input on 24600- minus15500 @5% Further can we take input credit for GST paid to courrier company?

BY: Mahesh Kumar

Total Answers : 3 | View Answers | Post Answers

44849
May, 07
2025
MISC. - ( CREATION OF HUF )

In the year 1997 i had created one HUF with the gift amount of Rs 5,100 from brother in law. I had drafted the Gift Deed on the stamp paper of Rs 2/-. Today we have to creat one new HUF. Please advise the compliance to be done

BY: RAJEEV KUMAR

Total Answers : 2 | View Answers | Post Answers

44846
May, 05
2025
GST - ( RCM ITC IN CASE OF RESTAURANT OPTED TO PAY 5% ON RESTAURANT SUPPLY )

A registered person runs a restaurant and a guesthouse on the same premises. The restaurant pays GST at 5% without ITC. Rent of ?60,000 is paid for both under a single bill, with GST under RCM at 18% (?10,800). In this case, which option is more suitable for claiming ITC for the guesthouse portion? Option 1: Based on the ratio of outward supply. Option 2: Specify separate rent for the guesthouse and restaurant in the rent agreement, obtain two invoices, and claim ITC of GST paid under RCM for the guesthouse rent. Suggestions are welcome!

BY: SHABBIRALI ABBSBHAI CHAUDHARI

Total Answers : 1 | View Answers | Post Answers

44847
May, 05
2025
GST - ( 082701 )

We are sending free samples abroad Indian Rs Value around 24000- through Proforma Invoice. Whether IGST has to be paid If yes How this is to be mentioned in proforma invoice and reported In GSTR 1 and GSTR 3B

BY: Mahesh Kumar

Total Answers : 3 | View Answers | Post Answers

44848
May, 05
2025
GST - ( GST APPLICABILITY ON ROYALTY CHARGES FOR EXCAVATION )

Dear Members, a client is paying yearly royalty of Rs.75,000 to the govt dept. for excavation of quarries. His annual turnover is around 10-12L. Is he liable to pay GST RCM on royalty charges? Does he needs to obtain GST Registration? If so, does he have to pay GST on his annual turnover also? Pls elaborate.

BY: Ajith Kumar K

Total Answers : 1 | View Answers | Post Answers

44845
May, 03
2025
GST - ( REVOCATION OF CANCELLATION OF REGISTRATION )

GST Registration is cancelled due to non-filing of GSTR 3B for December 24 quarter. Now even after filing GSTR 3B of December 24 quarter registration is not restored. Is it mandatory to file GSTR return of January 2025 to get registration restored (when quarterly filing is opted) ?

BY: CA. SURAJ KUMAR CHOUDHARY

Total Answers : 3 | View Answers | Post Answers

44844
Apr, 30
2025
Companies Act, 2013 - ( CHANGE IN DIRECTORSHIP OF PRIVATE LIMITED COMPANY )

Private Limited company having only two directors on Board, One of the Director expired, whether spouse (already shareholder) can be appointed in place, what's procedure for the same. I presume - Obtain DSC, --> DIN ---> Board Meeting ---> DIR 12 will suffice or General Meeting required or otherwise

BY: CA. SURAJ KUMAR CHOUDHARY

Total Answers : 3 | View Answers | Post Answers

44843
Apr, 29
2025
Compliance - ( DEMERGER )

My proprietorship firm was merged in to another firm in 2020 but now i want to practice with my own trade name but wants to continue as partner in that firm. what procedure i have to follow? we have also entered in to partnership at that time in 2020? will it continue? or to enter in to new partnership?

BY: PRATIK

Total Answers : 2 | View Answers | Post Answers

44842
Apr, 24
2025
DIRECT TAXES - ( 082701 )

if a NRI is having loss on house property in India can it adjust foreign salary income with it in Canada

BY: Mahesh Kumar

Total Answers : 3 | View Answers | Post Answers

44841
Apr, 22
2025
GST - ( 082701 )

While sanctioning GST refund Authorities are reducing Input on trading activities but not reducing GST output on such sales Which is not logical. Whether they are correct

BY: Mahesh Kumar

Total Answers : 4 | View Answers | Post Answers

44840
Apr, 14
2025
AUDIT - ( BANK AUDIT ELIGIBILITY )

I have 6 years of experience in practice as a Chartered Accountant under a proprietorship concern. I am exclusively associated with my firm. A fellow CA, who is also exclusively associated, has 3 years of experience. We are not in a partnership—my firm is still registered as a proprietorship concern. As per the eligibility norms for empanelment of audit firms , under **Category IV**, it appears that a proprietorship concern can be eligible for bank audits with **2 CAs exclusively associated** with the firm, without needing to convert to a partnership firm. Can someone please clarify: - How can a proprietorship concern have 2 CAs exclusively associated, as required under Category IV? - Is it acceptable under ICAI/empanelment rules for a second full-time CA to be employed or associated in a proprietorship concern without converting into a partnership firm? - If the answer is to appoint as an employee, then can my friend continue with his Propeitorship Concer? Your insights would be appreciated!

BY: JAY KUMAR KUMRANI

Total Answers : 5 | View Answers | Post Answers

44839
Apr, 03
2025
MISC. - ( CAN PART TIME PARTNER SIGN AUDIT REPORT )

I have a sole proprietorship firm and i am a partner in another partnership firm as well. I know that my status is not full time partner in the firm but my query is that being a part time partner in the firm, can I sign bank audit reports or other reports on behalf of the firm or not?

BY: TRIBHUVAN ADITYA SINGH

Total Answers : 5 | View Answers | Post Answers

44837
Apr, 02
2025
DIRECT TAXES - ( 082701 )

Can a CA file TDS return of client under his DSC after adding himself as a key person

BY: Mahesh Kumar

Total Answers : 4 | View Answers | Post Answers

44838
Apr, 02
2025
MISC. - ( WEBSITE PROMOTED BY ICAI FOR CA FIRM IS DISABLED )

Hi Everyone Till Last year we were able to see our website created via pdicai.org for chartered accountant which is now not working. Please let us know whether the above said services is discontinued by ICAI.

BY: CA. M.I.M. AZAM

Total Answers : 4 | View Answers | Post Answers

44834
Mar, 31
2025
MISC. - ( MERGER OF CA FIRMS )

If three CA Firms want to form a new CA Partnership Firm by merging of all CA Proprietorship Firms, the head of in charge should be oldest firm or any CA firm can be head in charge for applying Firm Name Approval. What form should be applied for approval of new firm name for merging the firms

BY: AKHILESH KUMAR SHRIVASTAVA

Total Answers : 5 | View Answers | Post Answers

44835
Mar, 31
2025
DIRECT TAXES - ( YEAR OF ACCUMULATION IN CASE OF CHARITABLE TRUST )

Dear Professional collogues, What year i have to mention as year of accumulation in the following case. Financial year is 2017-18. Form 10 was filed on say 31-08-2018. Then what year is referred as year of accumulation whether it is 2017-18 or 2018-19. Thanks

BY: ESWARAIAH Y

Total Answers : 3 | View Answers | Post Answers

44836
Mar, 31
2025
GST - ( GST REGISTRATION )

GST registration was earlier surrendered due to turnover fall below threshold. Now turnover is expected to cross threshold in coming year, in this situation, whether Fresh registration is to be restored from 01-April or from the date of crossing the threshold for turnover. Regards

BY: CA. SURAJ KUMAR CHOUDHARY

Total Answers : 6 | View Answers | Post Answers

44833
Mar, 30
2025
MISC. - ( 082701 )

Is it ok for a proprietor to purchase car in his name and bring it in his books giving credit to capital account. This has to be used in the profession use only

BY: Mahesh Kumar

Total Answers : 3 | View Answers | Post Answers

44831
Mar, 28
2025
DIRECT TAXES - ( CALCULATION OF TIME LIMIT U/S 11(2) OF INCOME TAX ACT )

For FY 2017-18 unable to apply 85% of income, filed form 10 specifying the last date for accumulation as 31.03.2023. But AO states it should be applied latest by 31.03.2022. Whether he is correct. The remaining conditions are satisfied. Thank you

BY: ESWARAIAH Y

Total Answers : 1 | View Answers | Post Answers

44832
Mar, 28
2025
GST - ( 038118 )

JOB WORK CAPITAL GOODS TO RETURN IN 3 YEARS Dear Experts For our pharmaceutical client, wherein equipments were send to job worker / Loan Licence sites it has been advised to get such equipments back max in 3 years else revese ITC availed quoting sections 143 & 16 According to Section 143 of the CGST Act, capital goods sent to a job worker must be returned to the principal within three years from the date of being sent out. If not returned within this period, it is deemed as a supply from the principal to the job worker, and GST is applicable. As per Section 16 of the CGST Act, you can claim ITC on capital goods sent to job workers, provided they are returned within the stipulated period. If the capital goods are not returned within three years, the ITC claimed may need to be reversed. while business manufacturing and job work agreement are continuing and can be supported with jobwork in and job work outward challans, still institing on physical movements is somewhat hard to belive Please suggest way out if any or physical take back and re-send is the only option

BY: VIPUL JHAVERI

Total Answers : 1 | View Answers | Post Answers

44830
Mar, 26
2025
DIRECT TAXES - ( PROVISIONAL REGISTRATION OF TRUST EXPIRED )

Trust is provisionally registered for three years for the period 2023-24 to 2025-26. Trust activities started in 2023-24 but failed to apply for regular registration from 2023-24. Now which section is to be selected for applying 12A and 80G application as trust failed to convert provisional registration into regular registration ?

BY: SACHIN INGAWALE

Total Answers : 1 | View Answers | Post Answers

44829
Mar, 24
2025
DIRECT TAXES - ( RESOLUTION FOR ACCUMULATION OF SURPLUS INCOME )

Dear All, A 12AB registered Trust wants to accumulate its surplus income for application in the future years. Since the accounts are not yet finalised, they were unable to determine the amount. Do the trust need to pass the resolution for accumulation before the year end i.e. 31/03/25 or is it ok for them to pass the resolution once the accounts are finalised and file the Form 10 before the due date. Thanks.

BY: CA. VASUDEVAN P K

Total Answers : 3 | View Answers | Post Answers

44828
Mar, 23
2025
AUDIT - ( 082701 )

Can a CA form partnership firm with a company secretary and is eligible for Statutory bank audits?

BY: Mahesh Kumar

Total Answers : 4 | View Answers | Post Answers

44827
Mar, 21
2025
MISC. - ( CHANGE IN FIRM NAME AND CHANGE IN PSR )

We are planning for change in Firm Name and Change in Profit Sharing Ratios amongst same partners. No new Partner is being added nor anyone is retiring. I want to know will it have any impact on our eligibility for Bank Audits, seniority of Firm etc.

BY: KRUSHNAKUMAR SARDA

Total Answers : 4 | View Answers | Post Answers

44826
Mar, 20
2025
AUDIT - ( 082701 )

A LLP consisting of a CA and a CS as partners, Can it do statutory Bank Audit and other Audits

BY: Mahesh Kumar

Total Answers : 3 | View Answers | Post Answers

44825
Mar, 19
2025
GST - ( 541641 )

Is breast implant surgery on transgender chargeable under GST? As per guidelines issued by Indian Association Of Aesthetic Plastic Surgeons such surgery is gender affirmation surgery and not in nature of cosmetic surgery. It is considered as medical necessity.

BY: KRITI GUPTA

Total Answers : 1 | View Answers | Post Answers

44824
Mar, 18
2025
MISC. - ( 082701 )

We have to send one parcel with export invoice to Brampton,Ontario State CANADA.Please advice the import duty as well as GST to be charged by that country.

BY: Mahesh Kumar

Total Answers : 2 | View Answers | Post Answers

44823
Mar, 17
2025
GST - ( GST ON INDIRECT RECEIPTS ON EXPIRY GOODS )

Is indirect income received on account of return of expiry medicines is chargeable in GST?

BY: CA. SURAJ KUMAR CHOUDHARY

Total Answers : 4 | View Answers | Post Answers

44821
Mar, 16
2025
DIRECT TAXES - ( 082701 )

After saving Draft appeal on ITAT portal, whithin how much time should be finalised and submitted

BY: Mahesh Kumar

Total Answers : 2 | View Answers | Post Answers

44822
Mar, 16
2025
DIRECT TAXES - ( TAX AUDIT APPLICABILITY )

For FY 23-24 - Turnover Rs 1.50 Cr. Showed 15% profit. Filed ITR 4. In FY 24-25 - Turnover Rs 90 Lakh. Ready to prepare PL and BS fully and file ITR 3 with full disclosure. Profit 15%. Should the client do audit in FY 24-25?

BY: Sivaraman A.R.

Total Answers : 4 | View Answers | Post Answers

44820
Mar, 15
2025
Companies Act, 2013 - ( REDEEMABLE PREFERENCE SHARES )

How to present redeemable preference share capital in financial statement. Please answer for both equity and liability part.

BY: GAURAV SHARMA

Total Answers : 2 | View Answers | Post Answers

44819
Mar, 14
2025
DIRECT TAXES - ( TRUST - REGULAR REGISTRATION )

A trust which has been in existence for 3 years, not registered, applied for registration and was granted the same u/s 12(ac)(vi) (b) from 2024-25 to 2028-29. The charitable activities has been ongoing since 3 years. Should the trust apply for regular registration now and also request for condonation ( since 6 months has already elapsed from the commencement of charitable activities) or should the application be made only by 2028-29? For the past 3 years return has been filed and tax paid at MMR. Thank you.

BY: sandhya

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44818
Mar, 13
2025
Compliance - ( FORMATION OF FIRM )

I am planning to take COP and start my own practise however i have one existing tax consultant firm on my fatherin laws name. Can i take the firm name and registar it in ICAI rather than opening a new firm. Further I am planning to start a consultancy business which will be in partnership with lawyer, Tech employees to provided full financial and legal assistance to the customers, Can I do this without impacting my COP status?

BY: EKTA CHHALLANI

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44814
Mar, 11
2025
DIRECT TAXES - ( ORDER UNDER SECTION 250 OF THE INCOME TAX ACT, 1961 )

Considering the amendment and discussion and the fact that the appellant has submitted that he was not aware of nay notices for the income tax department due to change in his residential address and now the appellant has submitted the details and wishes for an opportunity to present the same, it would be appropriate to set aside the order passed under section 144 and remand the case to the A. O. for fresh adjudication. The appellant shall submit all the relevant detail to the ld. AO., who will examine then on their merits. Accordingly, the case is remanded back for a fresh assessment. Please advise for the stratagy.

BY: RAJEEV KUMAR

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44815
Mar, 11
2025
DIRECT TAXES - ( ORDER UNDER SECTION 250 OF THE INCOME TAX ACT, 1961 )

Considering the amendment and discussion and the fact that the appellant has submitted that he was not aware of nay notices for the income tax department due to change in his residential address and now the appellant has submitted the details and wishes for an opportunity to present the same, it would be appropriate to set aside the order passed under section 144 and remand the case to the A. O. for fresh adjudication. The appellant shall submit all the relevant detail to the ld. AO., who will examine then on their merits. Accordingly, the case is remanded back for a fresh assessment. Please advise for the stratagy.

BY: RAJEEV KUMAR

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44816
Mar, 11
2025
DIRECT TAXES - ( ORDER UNDER SECTION 250 OF THE INCOME TAX ACT, 1961 )

Considering the amendment and discussion and the fact that the appellant has submitted that he was not aware of nay notices for the income tax department due to change in his residential address and now the appellant has submitted the details and wishes for an opportunity to present the same, it would be appropriate to set aside the order passed under section 144 and remand the case to the A. O. for fresh adjudication. The appellant shall submit all the relevant detail to the ld. AO., who will examine then on their merits. Accordingly, the case is remanded back for a fresh assessment. Please advise for the stratagy.

BY: RAJEEV KUMAR

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44817
Mar, 11
2025
MISC. - ( 082701 )

Has anybody idea how much import duty and GST is charged in canada for import from India on readymade garments

BY: Mahesh Kumar

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44813
Mar, 07
2025
DIRECT TAXES - ( 082701 )

While filing online appeal before ITAT against the order of CIT appeal,whether Hard copies of physical documents are also required to be submitted

BY: Mahesh Kumar

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44812
Mar, 06
2025
DIRECT TAXES - ( NOTICE UNDER SECTION 250 )

Notice under section 250 has been issued by CIT Appeal after the expiry a period of 5 years from the date of filing the application of appeal to CIT Appeal. Please advise the provisions in act for time barred / void notice.

BY: RAJEEV KUMAR

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44808
Mar, 01
2025
GST - ( 082701 )

Asessee had applied for cancellation of GST registration in June 24 After issuing a notice for clarification (As in 19-20 input claimed was more in GSTR 3B compared to GSTR 2A) after our reply which pointed to Input less caimed in FY 20-21 in GHSTR 3B v GSTR 2A However Cancellation request was denied Another application for cancellation was made in July 24 Though registration was suspended and return filing was not required. Till date cancellation has not been made Whether is any rule of automatic cancellation after long delay

BY: Mahesh Kumar

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44809
Mar, 01
2025
GST - ( 082701 )

Asessee had applied for cancellation of GST registration in June 24 After issuing a notice for clarification (As in 19-20 input claimed was more in GSTR 3B compared to GSTR 2A) after our reply which pointed to Input less caimed in FY 20-21 in GHSTR 3B v GSTR 2A However Cancellation request was denied Another application for cancellation was made in July 24 Though registration was suspended and return filing was not required. Till date cancellation has not been made Whether is any rule of automatic cancellation after long delay

BY: Mahesh Kumar

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44810
Mar, 01
2025
GST - ( INPUT REVERSAL DETAILS IN ANNUAL RETURN. )

when a dealer has wrongly availed Section 17(5) input during 2023-24 and has reversed the input in subsequent year in September 2024 by making payment in cash the GST input credit and interest through DRC03,whether the reversed tax input credit is to be disclosed in clause 12 and 7E of annual return of 2023-24?

BY: SANTOSH JAGANNATH PAI

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44811
Mar, 01
2025
DIRECT TAXES - ( CORPUS FUND OF TRUST/SOCIETY NOT REGISTERED UNDER INCOME TAX ACT )

Corpus fund of trust/Society not registered under Income Tax Act. Whether taxable?

BY: Sivaraman A.R.

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44807
Feb, 28
2025
DIRECT TAXES - ( NOTICE UNDER SECTION 250 OF THE INCOME TAX ACT 1961 )

Received notice under section 250 of the income tax act, 1961 on 25-02-2025 in connection the appeal filed against the order under section 147 r.w.s.144 of the income tax act, 1961 passed by Assessing Officer vide DIN NO ITBA/COM/F/17/2019-20/1020814100(1) on 20-11-2019 for the assessment year 2012-13. Appeal files on 20-11-2019 As per section 250, CIT Appeal must issue the order within one year from the end of financial year in which the appeal file. and in special case within next one year. Hear is last date 31-03-2021 and in special case the last date is 31-03-2022. but here notice is being issued on 25-02-2025. PLESAE ADVISE AND PROVIDE CASE LAW FOR CHALLANGING THE NOTICE VALIDITY.

BY: RAJEEV KUMAR

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44805
Feb, 27
2025
DIRECT TAXES - ( FOREIGN DIVIDEND TREATMENT )

An assessee, resident individual, received Dividend on ESOP shares held in US company. They have deducted tax @ 25% in the USA. We have filed the ITR using DTAA rates, but while processing CPC treated it as normal income and taxed at normal rate leading to a tax demand. Please advise, is it correct to treat the foreign dividend as Income Chargeable at Special Rate or should it be at normal rate.

BY: CA. VASUDEVAN P K

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44806
Feb, 27
2025
INDIRECT TAXES - ( 082701 )

A nonresident according to Income tax defination has returned to India permanently .However his stay during 2024-25 Financial year will be around 90 days . During the previous three years period he has npt visited India (1-4-21 to 31-3-24) Can he apply for GST registration as residents apply

BY: Mahesh Kumar

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44803
Feb, 26
2025
AUDIT - ( REMOVAL OF AUDITOR )

We have been appointed as a Statutory Auditor in a company for 5 years. The Company went into CIRP process. The Resolution Professional has removed us even though our term were not completed and appoint another auditor. Our fees were outstanding and thats why we have not given NOC to the incoming auditor. The incoming auditor has accepted the audit without our NOC. Can the incoming auditor accept the audit without the NOC of previous auditor when the company is in NCLT.

BY: manoj sethia

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44804
Feb, 26
2025
GST - ( GST OFFICER UPLOADED ASSESSMENT ORDER AND DRC 07 FOR FY 18-19 ON GST PORTAL AFTER THE EXPIRY OF LIMI )

GST officer Physically signed the assessment order on 29/04/2024 for FY 2018-19 but uploaded the same along with DRC 07 on 04/05/2024 on the GST portal. Whether the above assessment order is treated as time barred as the last date for issue of order for FY 2018-19 was 30/04/2024? Further physical signing of Assessment order is allowed as per Rule 26 of CGST rule?

BY: CA MADHUR ZANWAR

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44802
Feb, 25
2025
DIRECT TAXES - ( 87A REBATE ON LONG TERM CAPITAL GAIN ON SALE OF LAND )

We have filed a return for F.Y.2023-2024 by claiming Rs.25000 87A on long term income capital gain on sale of land Rs.298000 in addition to regular income of Rs.360000. . But 87A not allowed on capital gain. Even after filing revised return the position is same. What action to be taken

BY: CA ATUL TOSHNIWAL

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44801
Feb, 24
2025
DIRECT TAXES - ( TDS ON FOREIGN PAYMENT )

Hi All, An assessee is going to make payment to a Foreign Company for the repair work done on a machinery part based on the Invoice issued. The Foreign Company don't have any presence in India. Bank is advising to use the purpose code S1023 - Technical Services for Form 15CA/CB. Since the work done was outside India and the Foreign Company don't have any establishment in India, does the remittance attract sec 195 for TDS deduction. Please advise.

BY: CA. VASUDEVAN P K

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44799
Feb, 16
2025
MISC. - ( 082701 )

Are MSME Registered Audit firms getting any preference for Audits or it is limited to Business sector only

BY: Mahesh Kumar

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44800
Feb, 16
2025
DIRECT TAXES - ( TDS ON SALARY )

A person who is working in Dubai for an Indian Company and receiving salary for getting Sales for Indian company . And the salary paid by company to the person without TDS deduction u/s 192B. Whether TDS will be deductible? If He is resident If He is Non - resident.

BY: DEEKSHA GARG

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44798
Feb, 15
2025
AUDIT - ( STATUTORY BANK BRANCH AUDIT )

I have done Audit for 4 years of a particular bank continuously. Thereafter i took one year break. Now again can i do Statutory bank branch Audit of the same bank?

BY: PAREKH DHARAMESH

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44797
Feb, 14
2025
INDIRECT TAXES - ( HSN OR SAC CODE )

I, wanted to know that regarding applicability of HSN or SAC Code under GST on the transactions regarding Interest received on late payment by buyer. As section-15(2)(d) of CGST Act, says the value of supply also includes interest, penalty, and late fees for delayed payment of any consideration for the supply of goods or services or both. The same will be taxable at the rate at which such goods or services were taxable. In short, the classification of interest cannot be different from the classification of such goods or services. Please help in determining HSN or SAC Code as well as How to reflect it in GSTR-1 (Table-12 HSN Summary of Outward supplies with UQC)

BY: CA. SHAH AMIT ANIL HANSA

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44795
Feb, 13
2025
DIRECT TAXES - ( TAXABILITY OF NRI )

Divya is working as a Technical Advisor (contract role) for Quintessence Technology as freelancer and receives a net salary of ?2,35,000 per month after 10% tax deduction in Malaysia. The salary is received in her Indian bank account, but she is NOT residing in India and qualifies as an NRI. Whether this will fall under section 5 of Income tax act and same will be taxable on the basis of receipt if not what is the taxability as per section?

BY: DEEKSHA GARG

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44796
Feb, 13
2025
MISC. - ( PEER REVIEW )

As per recent peer review notification, practice units which propose to undertake the statutory audit of entities which have raised funds from public or banks or financial institutions of over 50 cr or any body corporate including trusts which are covered under public interest entities are required to have PRC. My query is which trusts are covered under public interest entities ? Whether all public charitable or religious trusts are covered under this category even if they have not raised funds from public or bank above 50 cr ?

BY: CA KEYUR SUKHWANI

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44793
Feb, 12
2025
DIRECT TAXES - ( REBATE UNDER SECTION 80GGC ( DONATION TO POLITICAL PARTIES) )

UNDER NEW TAX RAGIME, CAN WE DO DONATION TO POLITICAL PARTIES AND CLAIM REBATE UNDER SECTION 80GGC FOR THE FINANCIAL YEAR 2024-25. PLEASE ADVISE

BY: RAJEEV KUMAR

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44794
Feb, 12
2025
DIRECT TAXES - ( TRANSIT RENT RECEIVED BY LEGAL HEIR )

In few of the rulings High Court has clarified that Transit Rent i.e. Rent received for temporary accommodation by the owner of a property under redevelopment will be considered as "Capital Receipt" and hence will not be subjected to tax. However, in case where the developer / builder has defaulted in payment of rent and pay in arrears after a few years after the death of the owner, the arrear is paid to the legal heir of the deceased owner, what will be the Income Tax Treatment of the arrears received by such legal heir.

BY: SHRUTI P BUDH

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44792
Feb, 08
2025
GST - ( REQUIREMENT OF REGISTRATION )

If a person is having authorized service station of any vehicle company but his total turnover is Rs.12 lac only, whether he is liable for compulsory registration as per Section 24 of CGST Act?

BY: CA ATUL TOSHNIWAL

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44791
Feb, 05
2025
DIRECT TAXES - ( 082701 )

A cooperative society was issued intimation by CPC in 2015 raising demand of Around 2.50 Lacs by disallowing Sec 80 P deductiowhile filing IT return the professional had wrongly mentioned status as cooperative bank instead of cooperative society The secretarey of the society was not aware After issuing refunds till 2021-22 Fin Year Income tax departmewnt has started adjusting refund against pending payment which has become around Rs 9 Lacs because of interest Appeal filed with Commissioner appeal to condone delay in filing appeal has been dismissed stating they there is not sufficient cause for delay Whether going to Tribunal is advisable as case has been dismissed on technical grounds not on merit

BY: Mahesh Kumar

Total Answers : 3 | View Answers | Post Answers

44790
Feb, 04
2025
GST - ( SECTION 50(1) VS RULE 88B(2) )

Taxpayer has missed out two invoices in GSTR 1 and GSTR 3B for the FY 2021-22 but reported in GSTR 9 and paid the taxes and interest on net liability. (ITC was maintained from due date till the payment at the time of GSTR 9). But the officer issued SCN to pay interest on entire taxes i.e., interest should be paid on gross liability as per Rule 88B(2) as the taxpayer did not reported in GSTR 1 and 3B. Any supporting inputs to pay interest on cash portion only? Thanks in advance

BY: CA. MADAGALA VENKATA RAMANA

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44789
Feb, 03
2025
AUDIT - ( FCA IS DIRECTOR REQUIRE SPECIAL PERMISSION )

A practicing CA who is FCA, and he is having directorship in 4 companies as whole time director what are the implication as per ICAI ACT and how to intimate to ICAI and whether he can continue authentication or not

BY: DEEKSHA GARG

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44787
Feb, 02
2025
DIRECT TAXES - ( 082701 )

Whether TDS is required to be deducted if Payments exceed threshold limits i.e 50000or 20000 or 600000 (for Professional service,Brokerage and rent paymennts respectively) or payments should be below these limits

BY: Mahesh Kumar

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44788
Feb, 02
2025
DIRECT TAXES - ( 082701 )

In budget 2025 Up to 12 Lacs Deduction of Rs 60000 can be obtained under sec 87A If taxable income is 1220000 whether tax liability will be 63000 plus Surcharge or Rs 20000 plus surcharge

BY: Mahesh Kumar

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