Tax questions

Joint Development Agreement

Facts of the case: A. I the Landowner purchased a property being Land & Building vide Registered Deed of Conveyance in the year 1987. B. In the year April 2021 I entered into a JDA with a Developer for construction of a Commercial Building on the above mentioned Property. C. It is agreed that the Developer shall construct and handover to me 50% of the Constructed Premises to be constr...

Tax Problem due to salary arrear

I work as a teacher in delhi government. I joined School A- In the year 2022 I didn’t received my 3 month salary - Aug, Sep and Oct. But when calculating total gross income for tax purpose, school included the amount of these unpaid salaries. Even in the form 16 it was included. Now coming to year 2023. I transfered to school B.I received the salary as arrear (Aug Sep Oct 2022)in the month o...

I wanted to sell my flat and wanted to understand how to avail tax exemption on capital tax gain

Dear Sir, I own 2 flats in Bengaluru, 1 flat bought under gram panchayat limit with e Khata ( during Jan 2015) at sale deed price 9,75,500 which is owned jointly along with my wife as secondary owner. The other flat which I bought during 29/09/2021 with sale deed value 53,02,000 value which is single owner on my name. Currently both property on Housing loan SBI and LIC respectively. I am plan...

Calculation of Capital gains on property purchased in 1988 and sold in 2024

Dear Sir/Madam, I had purchased a piece of land in April 1988 for Rs. 10,000. Thereafter, I spent money on its construction, improvement, extention and addition as under : 1. For construction in1994-95 = Rs. 40,000 from my savings informed to my office 2. For construction in 1995-96= Rs.1,04,500 Withdrawal from GPF/from savings informed to office 3. For construction in 1995-96 = Rs; 2,0...

Section 54F Guidance

Hello: I am an Indian citizen and I already own one house. I am in the process of buying one more house for INR 80L. The sales agreement is expected to be signed in March 2024. It will be financed as: INR 20L Equity and INR 60L Home Loan. My EMI will be INR 50K per month. To fund the same, I will be using Long Term Capital Gains from Equity and Equity MFs. The purchase cost in 2019 was ...

Affiliate system

We are in the process of establishing an affiliate system where we will compensate our affiliates, who could be located anywhere in the world, including India. Our plan is to make most payments in USD via PayPal, but for affiliates based in India, we are considering the option to pay in INR as well. Could you provide detailed guidance on the following aspects: Tax Compliance: What are the...

Purchase of immovable property (SFT-012)

My parents have bought a property, and the papers are registered with my mother, father, brother and i as owners including our PAN. The payment was made in full by my parents, but the property is now showing up as a purchase of immovable property in my AIS and has been flagged by the Tax department . I received the following message: Attention XYZ (XXXXXXYXYX) Income Tax Department h...

TDS on resale of under construction property

Can anyone please guide on below: (1) Mr. x bought a under construction flat from one of an allottee (original buyer) before possession and conveyance deed for Rs. 60 lakhs in FY 2022-23. (2) Money was paid to the original buyer / allottee in FY 2022-23 after holding TDS @ 1% amounting to Rs. 60,000/- (3) The flat was transferred by the original buyer/allottee in the name of Mr. x in A...

Calculation of the Cost of the New flats for the Land owners

Jda signed oct.2012. builder not completed (65% only complete and left august 2017 ) the project. builder proceeded to nclt. association challanged in sc . and finally through mediation under retired supreme court judge , the case settled by S.court order( Sept-2020) to take over the project jointly by the land owners and the association and complete the project with own funds and execute the s...

Form 26QB related payment in Installments or Lumpsum

I'm buying an under-construction flat above 50L.. So far I have paid 9% of Total flat cost to builder and 90% will be arranged through Home loan.. The builder is insisting I pay the 1% TDS on the TOTAL Flat cost which I have already paid in Form 26QB.. But there is a column in the form regarding "Amount already paid/credited currently" in which I have mentioned the 9% value paid in actual s...

Carry Forward Loss

Hi, I read articles on your website which were very helpful. I have some query and it would be really great if you could please help me with your suggestions. Thank you very much in advance. Background: I am a salaried employee and I had traded in F&O in AY21-22 (only 2 Large transactions during lockdown) and incurred a huge combined loss of approx. Rs.21 lakhs total. This was reported...

Legal Opinion Needed for Tax Strategy on Property Sale with Loan Discrepancy

I hope this message finds you well. I am currently involved in a complex property sale transaction and need your expert analysis to ensure that the financial structuring aligns with legal and tax compliance. Sequence of Events and Payments: Initial Amount Transferred: A sum of ₹13 lakhs was transferred at the outset of this transaction. Loan Sanctioned: Subsequently, a loan of ₹87 lakhs ...

Questions surrounding house purchase

I am purchasing a property in Delhi in my mother's name. But since she is a housewife with no source of income, I will be her co-borrower in the home loan that we will be borrowing from a bank. 1) Now, given that I will be a home loan co-borrower for that flat that will solely be in my mother's name, will I be able to claim HRA exemption by signing a Rent Agreement with my mother for the sam...

NRI Flat Owner May Sell in Dec. 2023 which received in Feb. 2023 by Redeveloped Property

I am the original owner of a flat we purchased in .1973 Our building was redeveloped, and possession given in Feb. 2023. We may want to sell our flat now, but need to know if long-term or short-term capital gains would apply? We are not purchasing any other flat in India. We were told to wait 3 years by one CA. To avoid short-term CG, when can I sell? Also, what do I use as the cost-basi...

Penal interest by court on income tax authorities - taxable or not?

Dear Sir, 1. I was denied permission to file Revised Returns for previous seven years, to claim refund of excess Income Tax deposited by me. I approached High Court Punjab and got the relief : 2. An extract of High Court Order of Punjab and Haryana is given below :- “Writ petition is allowed and the amount of income tax paid by the petitioner for the relevant years be refunded to him alo...

Income Tax Refund On Orders of High Court along with penal interest and cost of case - Taxable?

Dear Sir, 1. I was denied permission to file Revised Returns for previous seven years, to claim refund of excess Income Tax deposited by me. I approached High Court Punjab and got the relief : 2. An extract of High Court Order of Punjab and Haryana is given below :- “Writ petition is allowed and the amount of income tax paid by the petitioner for the relevant years be refunded to him alo...

44ADA or 44AD or ITR-3 for Digital Marketing Services (Freelancing)

I am reaching out for assistance in understanding the appropriate ITR form that I should be filing, given my professional status as a freelancer. My work encompasses a range of services, including content creation, digital marketing, web development, and blogging, which I provide to various clients. The options I am considering are 44ADA, 44AD, or ITR-3. However, I am uncertain which of thes...

Is it legal to buy cryptocurrency in USA and sell in India?

Hello, As there are some arbitrage in cryptocurrency exchanges in USA and INDIA , is it legal to send USD to friend in USA and let her buy bitcoin over there and tell her to send those bitcoin to your wallet and later on sell these bitcoins in India? Scenario is , Lets say I transfer 100$ to her US bank account. She buys bitcoin in US crypto exchange and transfer those bitcoins to my wallet....

Credit Note

I filed Quarterly Return for the period for July-Sep'23 with credit note Amount CGST Rs. 17162.10 & SGST Rs. 17162.10. Out of this amount Rs.8010.00+Rs.8010.00 deducted as SGST & CGST respectively. The balance amount of CGST Rs.9152.10 & SGST Rs.9152.10 shown negative at last column - total Liability (Outward supplies other than reverse charge). From october'23 I opted for a monthly file inste...

GST Registration Query for Online Mentorship Classes and Courses

I am planning to start an Online Coaching Business on my own with no capital as such. I will be providing mentorships to students and also there will be certain skill based courses which I want to sell. I am the instructor of those courses as well. I don't want to start by incorporating a Pvt Ltd or Partnership. I am thinking of starting as an individual and get a Trade License from the local b...