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Recent Posts

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Discussion / Order of set off of loss
« Last post by sujittalukder on June 28, 2015, 09:30:58 PM »
Dear Experts,

The Income for the FY 2014-15 is as under-

Loss from Business = -1,00,000

Deemed short term capital gain u/s 50 on depreciable asset = 2,00,000

Income from other sources  (forfeiture of advance money against capital asset)  = 40,000

The query is - What should be the order of set-off?

I want to set off as follows-

Loss from Business = -1,00,000

Income from other sources = 40,000

Remaining loss = -60,000

Capital gain u/s 50 = 2,00,000

Balance represents income as Capital gains = 1,40,000

Is the set off order correct? Or, Capital gain is first required to be adjusted with Capital gains and then IFOS.

Please guide.
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Discussion / Assessement U/s.144 r.w.s. 147 on L/R of the Deceased with out PAN
« Last post by ckrao09 on June 05, 2015, 07:24:10 PM »
The Assesseing officer completed the assessement on the Legal Representative with out PAN of the Deceased, and raised tax demand. Does the Assessement Valid and if valid how to pay taxes with out PAN of the deceased.

What is the procedure for invoking Legal Representative, of the deceased, if there are four sons and all have inherited the property, which in court of law.
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Discussion / sec.56(2)(vii)
« Last post by sai prasad on May 28, 2015, 11:18:01 AM »
the department  is issuing spate of letters/notices  to purchasers of properties , where the consideration paid is less than  market value/guide line value. Whether  the said sec. is applicable to purchases since the word used is 'received"  doesnot  mean purchase/sale .

Further  is it applicable to capital assets as per sec.2(14)?

whether  fiction of treating the difference between apparent consideration and market value is tenable?

If  an Indl/Huf claims that property purchased is meant to be stock in trade ? how to justify the same?

your views are welcome
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Discussion / Re: capital gains
« Last post by sai prasad on May 28, 2015, 11:07:18 AM »
what is relevant is utilisation of sale proceeds of the transferred house. once  the funds are ploughed back either by payment to a builder or own construction ,the exemption is justifiable.
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Discussion / Re: suscipious purchases
« Last post by CA.BHUPENDRASHAH on May 19, 2015, 06:55:50 PM »
Also see the case of Paresh Gandhi ITA No:-5706/M/2013[/color]
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Discussion / capital gains
« Last post by vsaiyar on May 10, 2015, 09:06:03 AM »
The object of section 54 is to give relief to an assessee who has replaced his existing residential house either by a new one or constructed a new house.  By merely making payment to a builder pursuant to an agreement does not amount to purchase of new residential house.  The builder may or may not deliver the house to the assessee depending upon various circumstances.  The decisions of the courts though mostly in favour of the assessee do not appear to be correct?
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Discussion / Attention Hon'ble Justice President of ITAT
« Last post by brettlee on May 08, 2015, 02:37:38 PM »
Respected President Sir, do something for Delhi ITAT benches here the things are not good. I would like to share a recent incident with you, it is that the departmental representatives (DR) has move adjournment applications in so many cases contending that they have no trust in the benches where Hon'ble Diva Singh and Hon'ble N.K. Saini are presiding the bench. I donít know what is the reason behind those applications but my humble request is that do something in this matter, it is a very serious matter because from tomorrow so many advocates will also make similar requests, there is saying in English that without fire there would not be any smoke so please enquire the matter seriously so that dignity of this tribunal will remain clean. It is also pointed out that you are here from few days and not aware about the politics of the Bar and Bench however it is suggested that before transferring any person from one place to other please enquire from the respective bars about their conducts.
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Discussion / Falsity of ITAT Bar Member
« Last post by brettlee on May 07, 2015, 09:58:14 AM »
. One ITAT Member( Bar Member- Advocate)  few days before in order to impress me, has said that he is very well connected with Supreme Court, I immediately asked from that member then why he is not trying for his elevation in High Court so that he would have at least one PSO, I further asked  him to do something about the security of ITAT members which is very thin in a way that any body can go to their house and do any nonsense Act with them. The member mouth was shut and he has no answer of my questions.
Dear new friends don't bother about your looks and dresses in ITAT rather concentrate on your cases we are here to fight for justice and not for doing ramp walk in ITAT, and any person who criticize you is actually feel jealous from you and that is why he want to divert your attention from Income Tax to other concern of life. I complained to my mother also that many persons are criticizing my clothing sense and my looks, my mother said that have you ever seen rag pickers when they are on their job many dogs bark on them and you are a rag picker and when ever any body say so assume them stray dogs and don't bother about them       
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Discussion / Verdict on Salaman and tension in Booly wood-
« Last post by brettlee on May 07, 2015, 09:36:11 AM »
Since Yesterday I am observing a great disarray among Bollywood after hearing the punishment of this fellow salman. I am of the view that we have to respect law, hatts off that judge who convict him. If I would have been judge I would have punished him for lifetime imprisonment. So that fear of breaking law among the society exist, these new comers of boollywood are showing their sympathy so that his home production would provide work to these fellows. No body has thought about victim family, today an article is published in Indian Express revealing about the conditions of the victim family, his son become education less his home conditions are not good, I am asking questions from the persons who are showing sympathy towards this celebrity who has ability to engage one of most costly lawyer, that whether they have ever taken care of the family members of the victim. I appeal to the State Govt that appeal should be filed in High Court to increase his punishment so that a strong message would go in society. He is a educated person, have ability to get advise from legal luminaries so there would be no mercy in such cases rather maximum punishment should be awarded.   
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Discussion / s.80IB(10), clause (d)
« Last post by rajul5234 on May 02, 2015, 09:03:55 AM »
Supreme Court in SLP(C)22450 /2011 & others Dt. 30/4/15  Veena developers , Manan Corp. & others Dismissed.

Manan Corporation Gujarat H.C. decision final on issue of clause (d) appended to s.80IB(10) w.e.f. 1/4/05 is prospective and cannot be applied to deny deduction to approval granted  residential projects of prior period.

R. K. Patel
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