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Anonymous   28 October 2022 at 21:21

Can oci residing in india borrow rs from resident indian

The Reserve Bank of India's guidelines in this regard are a bit confusing and have changed over the years. I need a definite answer if such a transaction is allowed or if RBI permission is required.
I am willing to pay for a detail answer with specific authority cited. There is no litigation or anything of that kind so I am not looking for any judgment but rather some authoritative explanation from the RBI. The following links provide conflicting information. The facts in my case are that both the OCI and the Indian citizen are residing in India which is not covered in the links below:

http://www.legalservicesindia.com/article/2562/Borrowing-And-Lending-Money-By-Residents-of-India-To-NRI.html
https://rbi.org.in/Scripts/BS_FemaNotifications.aspx?Id=11441
https://www.rbi.org.in/Scripts/BS_ViewMasDirections.aspx?id=10191#C13

Anonymous   30 September 2022 at 09:34

Stamp duty on plot during redevelopment

Sir, I’m residing in Mumbai Suburban. I have a query wherein during redevelopment of a pvt society during Development Agreement with the developer, the developer pays stamp duty and gst for the society. What is the calculation/ rules for the same.

murali swayambu   15 August 2022 at 03:57

Partnership

Earlier three partners promoted one firm and done business it is a registered firm. Every year compliance part is taken by 1 partner 2 financial by another 3 business by 1. Post three years business went on loss and partners moved out but now I came to know from email that income tax return not filed and other two partners are not reachable at my level. Now demand under section 147 is issued can I pay my portion of demand and can ask department to find other two partners or since they absconded whether I need to pay all dues. Since demand is 1.3 crores I can discharge by liability of 1 third.please advice

Dinesh Kandpal   30 July 2022 at 18:05

Capital gain.

Hello sir,
Income tax department has raised queries on capital gains so need your suggestion.

1) They say allotment letter issued by the builder on their letter head doesn't have a seal so it cannot be recognised as valid allotment. The allotment was from April 2015 and property registered in May 2016 so they claim 2016-2017 ready reckoner as market rate for capital gain.

2) Source of Payment - As the funds are directly paid from Mothers account, so can we show the bank statement of the mother as payment proof? They don't consider receipt issued by the builder as evidence. Please guide.

Regards
Dinesh

gurinder singh   27 July 2022 at 14:34

Vat penalty

e way bill expired due to a sudden storm on hills as vehicle had to take shelter for few hours for storm to pass. VAT officer intercepted and asking to deposit tax and penalty. I asked trader to pay tax and I will pay penalty as he will get his tax refund, adjusted subsequently. Trader is not agreeing. He says his CA has advised him that he will not get his tax amount back. This seems illogical to me as govt will logically not take tax twice on same goods. Am I right or the trader is right?

Read more at: https://www.lawyersclubindia.com/forum/penalty-under-vat-for-expired-e-way-bill-225228.asp

kishorchandra p mehta   14 July 2022 at 12:58

Fixed deposit interest

RESPECTED SIR,

I AM HAVING SAVING ACCOUNT IN MY NAME WHEREIN THE INTEREST OF MY WIFE IS BEING CREDITED. THE FIXED DEPOSITS STAND IN JOINT NAME WHEREIN FIRST NAME IS OF MY WIFE.
IN THIS REGARD, PLEASE LET ME KNOW, FOR FILING INCOME TAX RETURN, THE SAID INTEREST SHOULD BE TREATED AS MY INCOME.

KINDLY GUIDE IN THE MATTER.
THANKS.
K.P.MEHTA

Anonymous   07 July 2022 at 13:25

Apartment of co-operative housing society

I am a member of a Co-operative Housing Society in West Bengal. I paid to the Society in instalments, the proportionate cost of land and cost of construction of the building during construction of the building. After completion of construction, the Society transferred the ownership of my apartment to me by a deed of conveyance. The stamp duty value of the apartment is the circle rate, which is higher than the construction cost paid by me to the Society.
My question is whether Income tax act section 56 (2) (X) (b) will be applicable for the transfer of ownership of the apartment by the Society to me?

Asim Das   30 June 2022 at 22:08

Gst related query

Sir,
A developer constructed multi storied building under joint development agreement . now this building contains various flat some having carpet area more than 60 sq mt some units less than 60 sq. mtr.
So while selling flats /residential units having carpet area less than 60 sq. mt. can he impose 1% GST and for those having more than 60 sq. mts. carpet area 5 % , the price limit being within the prescribe limit as per Gst law.
Please guide me.
Regards

Madhavi Dave   12 May 2022 at 17:50

Gujarat vat liquor registration

Dear Experts,
I have applied for Vat on 19.03.2022 then it was rejected by officer without issuing Deficiency note or any intimation . The I was told to reregister the application which I did on 11th April 2022.

The Office went to leave so as the Assistant Commission. Now Deputy Commissioner assured me to hear my case appointing another Officer she has issued Acknowledgement earlier 10th May 2022 and now 12th May 2022. It has already been two months but no response from Deputy Commission . Earlier Application Rejection Order was not issued.

What remedy on my part I want to file appeal but without rejection order I cant do anything.

Please help.
Thanks in Advance.

Paras Chhajed   11 May 2022 at 12:15

Income tax on state government department

Various battalions of state special armed forces are set up at various locations by the State Government. The battalion is headed by an IPS officer Hindustan Petroleum Corporation Ltd. has allotted a retail petroleum outlet to the battalion. The battalion got allotted PAN under the Government Category (PAN-AVCGB1453K) and also got GSTIN before commencement of business of selling petrol and diesel. The turnover during the year 2021-22 was Rs.8.53 crores and net profit was Rs.9.75 lacs.
Please advise whether the battalion is required to get its account audited u/s 44AB of Income Tax Act, 1961 and whether it is required to file its return of income. What would be the status of battalion for filing return of income, which ITR would be applicable and what would be the rate of income tax.


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