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P
Parth
If i purchase product without gst number but when i sell its applicable so how i return in gstr3b
Show sales and pay tax on it in Gstr 3b and show unregistered purchase
CA Jaya Agarwal 4 Nov 2020You need to pay tax without taking benefit of purchase
A
Ashish
Hi, Recently, we have sold a residential plot and with that money I wanted to purchase an apartment, for which the builder is offering possession in Dec 2024, would want to know if I pay the builder the complete amount of net sale proceed then will there be a tax liability on me.
Request more insight.
Dear Ashish, You can book a Flat and pay amount as booking amount to get exemption.
CA Jaya Agarwal 4 Nov 2020For taking full benefit of tax liability, Within a period of one year before or two years after the date of transfer of old
house, the taxpayer should acquire another residential house
Hi Ashish,
As per Income tax Act, in order to claim exemption, you need to invest capital gains proceeds in purchasing another property within next two years. Thus, if you can substantiate the purchase and other conditions are met, exemption can be claimed.
It is advisable to discuss the case with additional facts and take advise thereon.
Regards
Namita Agarwal
FinCheff Advisors LLP| Partner
MSME Business Forum India| Strategic Advisor
Mobile: +91 93545 62098
Email: namita@fincheff.com
https://www.fincheff.com/
Since the period of possession would be beyond 3 years from sale this might cause trouble to you in future although you can claim exemption today.
T&C applyA
Ajit
The rent agreement for my Commercial building expired on April end of this year. The tenant has not paid rent from March. He has also not renewed the rent agreement. The rent in expired agreement was 146000 per month.
I don't know how much rent he will pay this year. How should I calculate the advance income tax to be paid? If he pays me no rent, should I still pay tax, since rent is legally due from the tenant. He is also not ready to renew the agreement or vacate.
Since rent income is taxed on accrual basis and not on cash accounting basis, is it not taxable, even if rent is not received in that financial year, especially if he does not vacate?
There's a concept called Unrealised Rent under Income Tax... which has few conditions as well to ensure it is not taxed.
CA Jaya Agarwal 4 Nov 2020If following conditions are satisfied, then unrealised rent pertaining to the previous year is to be deducted from actual rent of the previous year:
➣ The tenancy is bona fide.
➣ The defaulting tenant has vacated the property, or steps have been taken to compel him to vacate the property.
➣ The defaulting tenant is not in occupation of any other property of the assessee.
➣ The assessee has taken all steps to recover such amount, including legal proceedings or he satisfies the Assessing Officer that legal proceedings would be useless.
P
Piyush Agrawal
Can I take online transfer of 6 lakh from my father in law for car purchase as a gift
Hey Piyush,
Yes you can do that and can show it as Gift in consideration of amount transferred and not car purchased.
Kindly contact us @ 9825330911 in case of any further query
Yes, you can but you should make gift deed for that. For more assistance call at 7667559772
CA Namita Agarwal 5 Nov 2020Yes, you can. For further assistance , please contact us
Mobile: +91 93545 62098
Email: namita@fincheff.com
Visit us at www.fincheff.com
V
Vijay Gs
ITR filed under section 54 insted of 54F regarding exemption of LTCG from sale of society allotted site and purchase of FLAT investing full sale consideration. Do I need to rectify
Sec 54 applies on sale of residential property and 54F applies on sale of any assets other than residential property
CA Jaya Agarwal 9 Oct 2020Dear Sir,
You should rectify the return as both section deals with different type of property.
Capital Gain on sale of vacant allotted by housing society is it treated as Residential property or other than Residential property please clarify
T&C applyC
Chirag Sharma
I have purchased a flat from cooperative society. the components of the payment made include interest on land on which cooperative society is built amounting to rs 3 lac. total consideration including aforesaid interest is 52 lac which cast tds deduction liability on me under 194 ia
cooperative society officials have a view that such Interest component should not be considered as part of consideration and than total consideration will be 49 lac and there will be no 194ia liability
whether such interest will form part of consideration for hhe purpose of 194ia or not
Dear Sir,
Total payment made is Rs. 52 lacs whether interest part or not, all the payments made will be considered as consideration. Hence Sec 194IA will be applicable.
For more information call at 7667559772
A
Amritpal Singh
For property sold in FY2019-20, can we invest capital gain amount to purchase new property till Nov'2020?
Dear Sir,
Under Section 54 the IncomeTax Act, an individual or HUF selling a residential property can avail tax exemptions from Capital Gains if the capital gains are invested in purchase or construction of residential property. For the said exemption seller should purchase a residential house either 1 year before the date of sale/transfer or 2 years after the date of sale/transfer. Hence, in your case you can purchase new property in F.Y. 2022-2023 and thereafter only.
For more assistance call at 7667559772
K
Kapil Kumar
Can i recieve money in UK from my friends account in UK and transfer him money in india from my india account without any tax implication?
Payment from UK account to Indian account has no tax implication, but payment to foreign account from Indian account needs ca certification in Form 15CB.
For more information call at 7667559772
R
Ranjan
I wish to know whether retreachment compensation is taxable or can get rebate upto Rs 5 lakh.
The retrenchment compensation received by a workman is exempt provided that in general it does not exceed the sum calculated on the basis provided in Section 25F(b) of Industrial Disputes Act, 1947 or any such amount as is specified by the Central Govt. by a Notification, whichever is less. The maximum exemption is Rs. 5 lakhs where retrenchment is on or after 1-1-1997.
CA Jaya Agarwal 5 Oct 2020Dear Sir,
There are some conditions for retrenchment compensation:
The employee must be a workman.
The employee must have offered continuous service for a period of 240 days in the previous 12 months, which will be calculated as a year of continuous service.
Least of the following will be exempt from tax:
The amount of average pay provided to the employee
Rs 5,00,000
The actual amount received
For more assistance call at 7667559772
P
Pradeep Mahendra
At present I am working in a bank in Mumbai as a consultant who issues me F16 form but in Pay slip shows total payment as Personal allowance instead of salary structure like bifurcation as Basic Pay, HRA, DA etc...
Can I claim HRA vide any section. I have one residential property in my name at Jaipur which is not let out and locked there.
If yes what amount may I claim. My gross salary is 15 lac and Rent paid for previous F Y is 240000 . What about 80GG section.
I need few clarifications. Please connect on 7045760379
CA Jaya Agarwal 5 Oct 2020Dear Sir,
First I need to know whether you are consultant or on employment basis. This will decide your income taxability. If you are consultant, TDS will be deducted @ 10% flat, without HRA benefits under head business and profession and there you can claim deduction for rent paid u/s 80GG
For more assistance call at 7667559772
If your company is not paying you HRA how will you claim HRA that's the basic condition.
If you need any further assistance feel free to contact me at canamanmaloo@gmail.com