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

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

BY: SUDIP KUMAR MUKHOPADHYAY

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

BY: SUDIP KUMAR MUKHOPADHYAY

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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

BY: Mahesh Kumar

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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

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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

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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

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

BY: Mahesh Kumar

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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

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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

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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

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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

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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

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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

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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

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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

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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

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

BY: Mahesh Kumar

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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

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

BY: Mahesh Kumar

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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

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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

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

BY: CA. SURAJ KUMAR CHOUDHARY

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

BY: Mahesh Kumar

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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.

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

BY: GAURAV SHARMA

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

BY: Sivaraman A.R.

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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

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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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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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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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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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My question is with respect to whether food, internet services are provided along with accommodation outside educational premise by a private PG service are exempt or not , after the the decision of 53rd council meeting where accomodation services are exempt when stay is more than 90 days and rent is below 20,000 per month. Since only 'accomodation services' words are used in the notification under entry 12A and the chapter within notification that has written is chapter heading 9963 which has a heading accommodation, food ,beverages. Whether PG services provided along with food, internet services is considered exempt services or it is considered as a composite supply and be liable to GST since,only accomodation services exempt.

BY: YAGNESH

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A practicing CA who is FCA, and he is having directorship in 4 companies 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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A cooperative milk producers society that is eligible for deduction under sec 80 P has to file ITR in January or feb 25 It is not claiming deduction under sec 80P for FY 23-24 Can it file under new tax regime and under old tax regime next year i.e FY 24-25

BY: Mahesh Kumar

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Can a firm pay salary to its partners under employment contract? Will that come under the scope of 40(b) of the Income Tax Act, 1961?

BY: Abi Muthuraj

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Any Requirements in Relation to Audit and Accountancy in Bhubaneswar?

BY: PANKAJ KUMAR MOHANTY

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What are the professional works are allowed for a Part-Time COP holder member? Can he engage in representation before Tax authorities or can he share opinions on various matters?

BY: Vivek Singh

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Can a CA holding COP be a designated partner in a business consultancy LLP firm partnering with CS and assigned with Finance& Accounts function and no statutory audits. Does this require a prior permission from council? How to apply for this?

BY: sreevidhya v pai

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FY 2021-22 Actual Salary Rs 20 lakh. 80CCD(2) Rs 200,000/- Form 16 clearly mentions this. But while return, the client filed it as Salary Rs 18 lakh and 80CCD(2) ZERO. 143(1) initimation came stating that you have shown lower salary and demand came Rs 30000. Ignorantly Assessee paid the demand instead of revising the return. Now assessee want to get back Rs 30000 he paid out of ignorance by showing Salary Rs 20 lakh and 80CCD(2) Rs 200,000/- as mentioned in Form 16 What is the way out? Is this a mistake apparent on record to file rectification return or should assessee go for 119(2)(b)?

BY: Sivaraman A.R.

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I had been receiving daily mails in my official mail from the PDC-ICAI which i do not receive now. I do not get the ejournal or the daily mails kindly subscribe me to get these valuable mails

BY: CA. RENJITH K K

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A chain of restaurants has one central kitchen in one city for supplying food (in fully cooked and semi-coooked form) to franchised standalone restaurant located in city and near city..can main kitchen charge 5% gst on the same??

BY: Ninad Prataprao Shete

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I have been joined Shailendra Mishra & Associates on 12th Nov 2024. Shailendra Mishra & Associates (FRN -036800C) was incorporated on 20th July 2024 as a sole propritorship firm and later on converted intopartnership firm on 12th Nov, 2024. Now we want to empanel this firm with CAG, however we are not able to do so as we don't have the login credentail. Kindly help and guide.

BY: SATISH KUMAR SINGH

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i want to convert my proprietorship firm into partnership firm but there are questions in my mind pls help: 1. I have to resign from existing companies and appoint my partnership firm as auditor? or partnership firm will automatically become auditor of existing companies? 2. What procedure should i follow for conversion ? like first partnership deed is to be made or some approval required from icai first? 3. Will FRN no. will be same ?

BY: AAKASH GARG

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Dear All, I have a Query, One of my client has converted his agriculture land in to Non Agriculture land and has made 30 plots in year 2021, and he has sold 2 plots in FY 2021-22 and 2 plots in FY 2022-23, during the FY 2023-24 he has executed a partition deed among his family members(3 sons) and has given 9 plots to his 3 sons in the partition deed. 1. Now my query is do i have to show these 9 plots in my sale consideration and pay tax on it or should i say i have gifted those plots to my family and debit my capital account and pay no tax. 2. Can Stock in trade be gifted/partitioned among family members and what would be the tax implications on it ?? Kindly request to post your reply as early as possible.

BY: SHAILESH KUMAR

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ASEESSEE PROVIDE TRANSPORT AND LOADING AND UNLOADING OF GOODS SERVICE TO GATI TRANSPORT AS A ASSOCIATE , WHETHER SERVICE TAX LEVIABLE ON THIS TYPE OF SERVICE??

BY: Ninad Prataprao Shete

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A chain of restaurants has one central kitchen in one city for supplying food (in fully cooked and semi-coooked form) to franchised standalone restaurant located in city and near city..can main kitchen charge 5% gst on the same??

BY: Ninad Prataprao Shete

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A HUF consisting of Father mother and son is existing Does have movable property only There is daughter in law married around two years back and a granddaughter also a few months old Whether Family settlement is ideal amongst Father Mother and son If Partion deed is opted whether it will attract stamp duty

BY: Mahesh Kumar

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A HUF consisting of Father mother and son is existing Does have movable property only There is daughter in law married around two years back and a granddaughter also a few months old Whether Family settlement is ideal amongst Father Mother and son If Partion deed is opted whether it will attract stamp duty

BY: Mahesh Kumar

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KIND ATTENTION SIR, THE ASSESSEE HAS FILED AN APPEAL DURING THE FY 2022 WITH THE APPELLATE AUTHORITY WITH REGARD TO SERVICE TAX DEMAND . THE APPEAL HAS BEEN ALLOWED AND ORDER HAS BEEN RECEIVED IN FAVOUR OF THE ASSESSEE . KINDLY GUIDE US TO GET REFUND OF TAX DEPOSITED AT THE TIME OF FILING APPEAL. WHETHER REFUND APPLICATION FORM TO BE FILED MANUALLY OR THROUGH ONLINE WITH SERVICE TAX DEPARTMENT . THANK YOU SIR

BY: P.SHANGAR

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How to remove an existing Director from a private limited company in Income-tax portal, (in continuation to query ID 44766) . Profile page does not allow the same, any possible solution.

BY: CA. SURAJ KUMAR CHOUDHARY

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assessee has taken gst credit in gstr 3b but by mistake not taken entry in audited books of account can assessee claimed credit

BY: Amit

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How to remove an existing Director from a private limited company

BY: CA. SURAJ KUMAR CHOUDHARY

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Dear all, GST dept has sent notice regarding mismatch of turnover shown in GSTR 1 and that of shown in GSTR 3B resulting in demand of additional tax and interest. Turnover shown in GSTR 3B had been considered in GSTR 9 & 9C,properly reflected in 26AS /TIS and considered while submitting 3CB & 3CD. Concerned GST officer is reluctant to consider all these things.He is demanding additional tax on differential amount with interest. Please guide,how to go about it ??

BY: SUDIP KUMAR MUKHOPADHYAY

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If a company wants me to appoint as CFO, in what ways I can continue my practice experience with or without signing. Please provide the needful solution asap.

BY: ABHAY CHOPRA

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An invoice was wrongly reported by the party in GSTR-1 of March 2024. As a result, in my GSTR 2B for March 2024 this extra invoice was featuring. In line with Circular 170 reporting, I availed the credit and simultaneously reversed it in table 4(B)(2) so that the credit is not coming in my GSTR 3B. Subsequently, the invoice was amended in April 2024. In GSTR 3B of April 24, I reclaimed the credit earlier reversed and the amendment done by counterparty ensured that net effect on ITC became NIL. Now how to disclose the claim and reversal of this extra invoice in GSTR 9 for FY 23-24 & FY 24-25

BY: RAHUL PARASRAMPURIA

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Negative difference in Table 8 of GSTR 9: 1. Due to ITC taken, but necessary invoice was never uploaded by supplier (finally reversed within due time) and 2. Due to ITC taken for previous year, duly reflected with stipulated time and reflected in GSTR 9 of PY. Difference in table 9 of 9C: 1. Due to outward supply of previous year duly amended in GSTR1 and GSTR3B of July next year and 2. Due to ITC taken, but necessary invoice was never uploaded by supplier (finally reversed within due time) as above. How to resolve or show the same

BY: CA. SURAJ KUMAR CHOUDHARY

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In case of an assessee who is renting an immovable commercial property we show rent of property in gst 1 and gst 3 and pay gst on rent . But if in an year if that property is sold after receiving oc than gst is not applicable on it..will sale proceeds of property be shown in GSTR 9 as no supply turnover or is it not required to show sale proceeds of property in GSTR 9 as it is a capital gain

BY: NISHANT NARANG

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Whether land lease charges paid upfront for future period (say, for next 50 years) allowable under IT Act over the same period?

BY: balasubramanian

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A partnership firm floated with 3 partners out of which 2 partners are Overseas Citizen of India and both of them contributed 99% of capital and profit sharing also 99%. Please clarify whether OCI can float partnership firm and contribute 99% capital and what are the compliances to be made

BY: E VARALAKSHMI

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Queries related to Code of ethics 1.Is it mandatory to use common logo of CA. There are many firms which does not use common CA logo. However they write their firm name with some different symbol ( like Star or Box or upward arrow) or colour or design. Is this correct. 2. Can we use Common CA logo and Firm name with some different symbol ( like Star or Box or upward arrow) or colour or design. 3. Is there any restriction or Guidelines for writing name of firm. Whether related to style,design, colour, etc ? 4.Can write name of firm uniquely or some other colour background or some symbol/Designs etc. 5.Can we mention QR code on Signboard and Letterhead. ? 6.Can we display name of services in our office premises 7. On Linekdin , Can we prepare separate profile of Firm . Is there any guidelines for Firm Profile . Can we show Linkedin symbol in visiting card 8.Can we mention minimum recommended fees of ICAI on our website

BY: samirkumar gokulbhai kasvala

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For claiming deduction under section 80JJAA, whether contract labourers are to be considered. Due to contract workers, the head count at the end of the year increases compared with that at the beginning of the year.

BY: balasubramanian

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