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Top 50 Question
Que. Id Date Description
44423
Feb, 07
2023
AUDIT - ( 013537 )

I had uploaded form 3cb and 3cd for A.Y.2022-23 on 18-09-2022 after generating UDIN & consumed the UDIN for original 3cb & 3cd. Some technical errors were noticed by the Dept. I wish to REVISE 3cb & 3cd correcting the defects I am not revising ITR. please clarify the following 1. whether new UDIN is to be Generated? If yes what is the date of audit report? whether it is original date or Revised date of reports?

BY: CA. JAIN JAWAHAR LAL

Total Answers : 1 | View Answers | Post Answers

44422
Feb, 02
2023
GST - ( GSTR 9C )

Dear All, One person is having 3 businesses e.g. business A,business B & business C under same PAN.Client has not submitted GSTR 9C upto FY 2019-20 although aggregate turnover of that year exceeded Rs.5 Crs.But client has submitted seperate GSTR 9C from FY 2020-21 onwards in spite of individual turnover of all businesses doesn't exceed Rs.5Crs. In the meantime client has received a notice from GST Dept. u/s 65 for conducting audit from FY 2017-18 to FY 2021-22 for business A. Now the query is how to save client from penalty provisions for FY 2019-20 regarding business A ??? This is also to be noted that individual turnover of business A in FY 2019-20 was below Rs.5Crs. Please guide us.

BY: SUDIP KUMAR MUKHOPADHYAY

Total Answers : 0 | View Answers | Post Answers

44420
Feb, 01
2023
DIRECT TAXES - ( WRONG ASS YEAR IN TDS CHALLAN DEPOSITED ONLINE ON INCOME TAX SITE )

In the TDS challan deposited online in Dec 2022 by mistake on income tax site Asessment year was wrongly put as 2021-22 instead of 2023-24 and now demand has been raised for same challan amount plus interest while checking Statement status. What shoud be done to rectify mistake

BY: Mahesh Kumar

Total Answers : 2 | View Answers | Post Answers

44421
Feb, 01
2023
DIRECT TAXES - ( RECTIFICATION UNDER SECTION 154 )

While filing the return, wrong section was selected and filed. Can we rectify the return filing section from 139(4) to 139(1) under sec 154 plz Clarify

BY: PONNUSAMY R

Total Answers : 1 | View Answers | Post Answers

44416
Jan, 28
2023
GST - ( 082701 )

Whether GST refund on account of Services input @18% can be claimed now where output of goods is 5% under Inverted duty structure. This is applicable in case of Suppliers selling on Eportal like Amajon,Flipcart

BY: Mahesh Kumar

Total Answers : 1 | View Answers | Post Answers

44417
Jan, 28
2023
GST - ( 082701 )

Whether GST refund on account of Services input @18% can be claimed now where output of goods is 5% under Inverted duty structure. This is applicable in case of Suppliers selling on Eportal like Amajon,Flipcart

BY: Mahesh Kumar

Total Answers : 1 | View Answers | Post Answers

44418
Jan, 28
2023
MISC. - ( UNABLE TO VIEW MY APPLICATION HISTORY IN MCA V3 PORTAL )

Previous Forms in V2 portal not showing in My Applications of new V3 portal. I have created V3 login in October 2022 only. (MCA Help desk suggested to login with V2 credentials but, it sowing error of User already exist)and No Response from MCA for ticket raised. Provide and Solution for the issue.

BY: SRIKANTH TUMMANAPALLI

Total Answers : 1 | View Answers | Post Answers

44419
Jan, 28
2023
DIRECT TAXES - ( 241485 )

DTAA Applicability : We have received a service invoice from a company which is a resident of Germany. But the payment is required to be remitted to its bank account in UK. Which country DTAA we should refer? DTAA with Germany or DTAA with UK? Any notification/rules regarding this?

BY: Ajith Kumar K

Total Answers : 1 | View Answers | Post Answers

44415
Jan, 27
2023
GST - ( INPUT CREDIT FOR THE FY 2021-22 )

Assessee had opted for filling quarterly return. As per the 2B of Dec.'22 quarter, ITC of fy 2021-22 booked now by the supplier. Can it be taken by now as the 30-11-22 elapsed for taking credit for FY 2021-22

BY: SURAJ KUMAR CHOUDHARY

Total Answers : 1 | View Answers | Post Answers

44413
Jan, 20
2023
DIRECT TAXES - ( 082701 )

If We provide dates in filter on Incometax site Only challans paid in Dec 22 and Jan 23 appear While Challan of Nov 22 aappears in OLTAS CSI file Which file to upload while filing Quarterly TDS report .

BY: Mahesh Kumar

Total Answers : 2 | View Answers | Post Answers

44414
Jan, 20
2023
MISC. - ( TREATMENT OF PARTNERS CURRENT ACCOUNT )

One of our client who is a partnership Firm has filed its return of income u/s.44AD admitting 8% income on gross turnover. The partners have shared the gross receipts amount received in banks in their proportionate ratios. Since the return is filed/s.44AD the share of profit from firm in partners books is less than what has been transferred from bank. For Eg; Gross receipts Rs.1000000/-(Rs.5 lacs each transferred to 2 partners) Share of profit is Rs.40000/- each only (8% of Rs.1000000/- offered u/s.44AD) What is the treatment of the amount showing as excess credit in the books of the partners

BY: Parvathi

Total Answers : 2 | View Answers | Post Answers

44410
Jan, 19
2023
DIRECT TAXES - ( 082701 )

TDS challan deposited in dec 22 and after are not being validated because of sudden change made by Tax people. How to file TDS returns

BY: Mahesh Kumar

Total Answers : 1 | View Answers | Post Answers

44411
Jan, 19
2023
COUNCIL DECISION - ( USE OF CA LOGO )

A member who is completing 25 years in practice wants to hold a get together of all present & past article students. On this occasion he wishes to give small mementos to those who attend the event. Can he emboss the CA Logo along with his firm name on the mementos?

BY: BHALCHANDRA GANGADHAR KALE

Total Answers : 1 | View Answers | Post Answers

44412
Jan, 19
2023
GST - ( E INVOICE )

A seller liable for e -invoicing has not generated e - invoicing. Kindly guide what is consequences for SELEER ? Kindly guide what is consequences for PURCHASER ?

BY: samirkumar gokulbhai kasvala

Total Answers : 1 | View Answers | Post Answers

44408
Jan, 18
2023
GST - ( 104792 )

Can Defence Personal claim exemption in GST for purchase of Car from Dealer

BY: CA. SHIRODKAR YESHWANT VINAYAK

Total Answers : 1 | View Answers | Post Answers

44409
Jan, 18
2023
DIRECT TAXES - ( TAX U/S 115QA-CHALLAN NO. AND MINOR HEAD )

Our Company has to pay tax on distributed income to shareholders on buy-back of shares u/s 115QA of the I. T. Act, 1961. Please guide which challan is to be used and which major head (tax applicable) and which minor head (Type of Payment) is to be ticked for payment of such tax online? In the PDF challan 280 downloaded from the I. T. Website, code 106 is Tax on distributed profits of Domestic Companies and code 107 is Tax on Distributed income to Unit Holders. None specify tax on distributed income to shareholders on buyback of shares. Please help so that there should not be mistake in payment.

BY: BHARAT KUMAR KEDIA

Total Answers : 0 | View Answers | Post Answers

44406
Jan, 14
2023
GST - ( NEGATIVE LIABILITY GST -COMPOSITION SCHEME - SERVICE PROVIDERS )

Sir, I am a Practicing CA under Composition scheme and a Negative liability has arisen due to error in non reporting of the Out put service value in the Annual return 2020.21. The related credit not availed . In order to set off the Negative liability ,I had voluntarily declared higher tax due than the actual tax due in CMP08 of third Quarter 2021.22 .The Actual tax was paid . Annual return for 2021.22 was filed and there was an Error Message in GSTR 4 for 2021.22 ,directing me to declare appropriate Out put service value in consonance with the Tax due shown in CMP 08 third quarter. The said error message occurs even after the GST Dept has adjusted all negative liabilities for all Assessees Pl guide how to solve this issue ?

BY: A.Jeevanantham

Total Answers : 1 | View Answers | Post Answers

44407
Jan, 14
2023
DIRECT TAXES - ( AUDIT U/S 44AB )

One thing I want to know what will happen ,if turnover is below 1 cr and profit is less than 8%/6%,then tax liability would be huge if there is no audit u/s 44AB . What will be the course of action then ??

BY: SUDIP KUMAR MUKHOPADHYAY

Total Answers : 4 | View Answers | Post Answers

44405
Jan, 12
2023
MISC. - ( 254311 )

Hi Can only one form 15CB issued for making single payment against more than one invoice (date of deduction of TDS is different for each invoice)?

BY: SANTHOSH K L

Total Answers : 0 | View Answers | Post Answers

44403
Jan, 09
2023
DIRECT TAXES - ( CSV FILE FORM 15H TO BE SUBMITTED ONLINE )

Can anybody send above file format to upload on Income Tax site. Utility on Income tax portal is not able to validate Section code of Income details. Thanks in advance. CA Mahesh Aneja mahesh_aneja@rediffmail.com mahesh1aneja@gmail.com

BY: Mahesh Kumar

Total Answers : 1 | View Answers | Post Answers

44404
Jan, 09
2023
MISC. - ( CA NAME BOARD )

As per our CA Ethics, what is the size of name board that can be displayed outside the office? A complaint raised by another CA against me. He is not a wellwisher. My office situated in a 6 storied govt. Building, so for appropriate visibility I fixed a board without any glowing lights,etc I completely read the ethics but I can't found any measurement of board size.It is better to reduce the size or keep it as it is. Please answer as soon as possible.

BY: PRASANNA M

Total Answers : 3 | View Answers | Post Answers

44402
Jan, 07
2023
DIRECT TAXES - ( 082701 )

Utility to upload Form 15H is not validating Section code in Income details file. This defect is there since Last year and has not been fixed by Income tax deptt/Co having prepared theutility (perhaps Infosys) Writing to Incometax helpdesk has not helped either. They close the querry after raising certain questions(

BY: Mahesh Kumar

Total Answers : 0 | View Answers | Post Answers

44398
Dec, 31
2022
DIRECT TAXES - ( 139(9) & 234A )

Filing return under 139(1) in time and due to defect notice , assessee responded notice and file ITR U/S 139(9). Can authority charged interest u/s 234A ? Sec 234A specifically mentioned return not filed u/s 139(1) & 139(4). Any case law available to get waiver of interest U/S 234A for filing return u/s 139(9).

BY: CA. CHAVAN TRUPTI GAJANAN

Total Answers : 2 | View Answers | Post Answers

44399
Dec, 31
2022
DIRECT TAXES - ( 139(9) & 234A )

Filing return under 139(1) in time and due to defect notice , assessee responded notice and file ITR U/S 139(9). Can authority charged interest u/s 234A ? Sec 234A specifically mentioned return not filed u/s 139(1) & 139(4). Any case law available to get waiver of interest U/S 234A for filing return u/s 139(9). Even tax was paid on due date while filing return u/s 139(1).

BY: CA. CHAVAN TRUPTI GAJANAN

Total Answers : 0 | View Answers | Post Answers

44400
Dec, 31
2022
DIRECT TAXES - ( 212760 )

As per the latest provisions of the Income-tax Act we cannot file belated/revised IT return for the AY 2022-23 after 31.12.2022 but we can file the ITR for the same period only after 1st April, 2023 under Updated Return U/s. 139(8A) Category. If any one wants to file the revised/belated return for the AY 2022-23 in between 1st January, 2023 to 31st March, 2023, whether any option is there to file the same..?

BY: santhoshreddy.m

Total Answers : 3 | View Answers | Post Answers

44401
Dec, 31
2022
DIRECT TAXES - ( 212760 )

If a person is deducted TDS on interest amount of Rs. 1,00,000 @ Rs. 10,000 on fixed deposits made with the bank in the FY 2021-22. He is not having any other income except the interest earned amounted to Rs. 1,00,000/-. His case is reported in Form 26AS & AIS. Whether he is required to file the ROI since TDS is deducted..? If he does not file the return for the AY 2022-23 what will happen..?

BY: santhoshreddy.m

Total Answers : 3 | View Answers | Post Answers

44395
Dec, 27
2022
GST - ( 104792 )

IS THE WORKS CONTRACT SERVICES TO INDIAN RAILWAYS IS TAXABLE UNDER GST

BY: CA. SHIRODKAR YESHWANT VINAYAK

Total Answers : 3 | View Answers | Post Answers

44396
Dec, 27
2022
DIRECT TAXES - ( 082701 )

A person having income less than 2.5 lacs files income tax return in January 23 for Fin Year 2021-22. He shall not have to pay late fees. Am I correct

BY: Mahesh Kumar

Total Answers : 4 | View Answers | Post Answers

44397
Dec, 27
2022
DIRECT TAXES - ( 082701 )

A person having income less than 2.5 lacs files income tax return in January 23 for Fin Year 2021-22. He shall not have to pay late fees. Am I correct

BY: Mahesh Kumar

Total Answers : 1 | View Answers | Post Answers

44394
Dec, 26
2022
MISC. - ( CAN A CA AS A PARTNER SIGN IN ITS INDIVIDUAL CAPACITY )

As a partner, can a CA sign certificated in its individual capacity. If yes , can he sign the Net worth certificate of his partner.

BY: MOHIT LOONKAR

Total Answers : 1 | View Answers | Post Answers

44391
Dec, 24
2022
GST - ( CANCELLATION OF NEW REGISTRATION )

GST registration was obtained in TCS category instead of taxpayer category. How to cancel the same and obtain afresh registration as taxpayer category? Currently option to cancel or surrender is not available under Registration tab of the GST portal.

BY: SURAJ KUMAR CHOUDHARY

Total Answers : 0 | View Answers | Post Answers

44392
Dec, 24
2022
TDS/TCS - ( 082701 )

TDS Payments made during Oct and Nov 22 were being confirmed by OLTAS but payment during Dec 22 is being verified by Income Tax site. Will not there be problem while filing TDS return for Oct to Dec 22 Quarter.

BY: Mahesh Kumar

Total Answers : 1 | View Answers | Post Answers

44393
Dec, 24
2022
GST - ( INPUT ON CAPITAL GOODS PURCHASED FOR SERVICE ACTIVITY )

for Dry Cleaning services , machine, equipment's were purchased in the nature of Capital Goods. How GST input on the same could be availed and utilised in payment of GST output on such laundry services

BY: SURAJ KUMAR CHOUDHARY

Total Answers : 2 | View Answers | Post Answers

44390
Dec, 22
2022
Capital Gains - ( 54EC & 54F SIMULTANEOUSLY )

Can anybody claim exemption u/s 54EC & 54F simultaneously ??

BY: SUDIP KUMAR MUKHOPADHYAY

Total Answers : 3 | View Answers | Post Answers

44387
Dec, 21
2022
Capital Gains - ( EXEMPTION U/S 54/54F FOR SELF CONSTRUCTED RESIDENTIAL HOUSE )

if new self construction property completed (OC Received) within 1 year before sale of old property, can we consider it as "purchase" and claim exemption or provision is silent on before construction property (specifically mentioned construction should be completed within 3 Years after sale of property) and claim exemption. Any case law available in such scenario

BY: CA. CHAVAN TRUPTI GAJANAN

Total Answers : 1 | View Answers | Post Answers

44388
Dec, 21
2022
MISC. - ( CERTIFICATE FOR ESTIMATED COST OF PROJECT )

Please guide me whether a CA can issue cartificate for ESTIMATED cost of project. Estimated cost includes Land and Building, Plant and Machinery and Misc exp. The client has to submit this certificate for pollution control Board . If CA can issue certificate then what are documents and details which should be obtained from the client.

BY: samirkumar gokulbhai kasvala

Total Answers : 1 | View Answers | Post Answers

44389
Dec, 21
2022
GST - ( CHANGE IN GST REGISTRATION APPLICATION TYPE )

Fresh GST registration was wrongly applied as Tax Collector, application is still pending for processing. How we can modify the application as General Taxpayer. Otherwise GST authority may register the same and a fresh registration is to be applied. Regards

BY: SURAJ KUMAR CHOUDHARY

Total Answers : 0 | View Answers | Post Answers

44386
Dec, 17
2022
Companies Act, 2013 - ( CSR -1 REGISTRATION )

Dear Sir, Is CSR-1 Registration is compulsory for a Government School to get funding from the Corporates ?

BY: KAMAL KISHORE VERMA

Total Answers : 0 | View Answers | Post Answers

44385
Dec, 14
2022
DIRECT TAXES - ( 118411 )

Section 2(22)(a) states that any distribution by a company of accumulated profits, whether capitalised or not, if such distribution entails the release by the compnay to its shareholders of all or any part of the assets of the Company, My question " whether will dividend and capital gain tax or only capital gain tax be applicable in the case of conversion of a company into LLP?"

BY: KETAN SHETH

Total Answers : 0 | View Answers | Post Answers

44383
Dec, 13
2022
MISC. - ( PROFESSION TAX IN W BENGAL )

Whether a Prop Firm doing trading business in kolkotta has to pay profession tax also.If yes what is the threshold limit

BY: Mahesh Kumar

Total Answers : 1 | View Answers | Post Answers

44384
Dec, 13
2022
MISC. - ( PROFESSION TAX IN W BENGAL )

Whether a Prop Firm doing trading business in kolkotta has to pay profession tax also.If yes what is the threshold limit

BY: Mahesh Kumar

Total Answers : 1 | View Answers | Post Answers

44382
Dec, 12
2022
GST - ( ANNUAL RETURN )

Dear sir can we file GSTR 9 & 9C for the Current FY 2021-22 without filing Previous year Annual return i.e. 2019-20

BY: Sachin

Total Answers : 1 | View Answers | Post Answers

44379
Dec, 07
2022
SME - ( IRRCOVERABLE DUES )

The client is registered under Udyam aadhar and GST. The client has sold goods but customer is not paying the due amount. The cheque received from customer is dishonoured . The client has issued Invoice, uploaded on GST portal, issued E way bill. Kindly guide whether remedy is available under Udyam aadhar registered person or any other alternative for recovering due .

BY: samirkumar gokulbhai kasvala

Total Answers : 1 | View Answers | Post Answers

44380
Dec, 07
2022
DIRECT TAXES - ( CASH RECEIPT )

The Tax payer is selling goods with Invoice and uplaidng invoice in GST portal . The customer is paying by cash only. Kindly guide whether is there is restriction in accepting cash and any limit.

BY: samirkumar gokulbhai kasvala

Total Answers : 3 | View Answers | Post Answers

44381
Dec, 07
2022
GST - ( WHETHER PRE-DEPOSIT OF 10% TAX IN DISPUTE CAN BE DONE THROUGH E. CREDIT LEDGER OR TO BE DONE THROUGH )

Whether pre-deposit of 10% tax in dispute can be done through E. Credit Ledger OR To be done through E. Cash Ledger

BY: Gaurav Kumar Baranwal

Total Answers : 2 | View Answers | Post Answers

44378
Dec, 04
2022
MISC. - ( DISSOLUTION OF CA FIRM WHILE KEEPING ITS NAME BY ONE PARTNER. )

Sir, I am CA Avinash Gupta partner in M/S Avinash K Gupta & Co. Our Firm have 4 partners and now we all partners mutually agree to discontinue our partnership firm. We also agree that our firm i.e. Avinash K Gupta & Co. to be continue by CA Avinash Gupta under the same name and FRN Number. I want to ask the procedure to dissolve our firm so that firm can continue by CA Avinash Gupta. Please provide details regrading forms and other procedures that we have to file to SSP Portal.

BY: CA. GUPTA AVINASH

Total Answers : 1 | View Answers | Post Answers

44376
Sep, 22
2022
DIRECT TAXES - ( DSC FOR PASSWORD CHANGE )

A cooperative society has procured New DSC in the name of Secretary who has recently joined. While resetting password of Society , message appears DSC of previous secretary's PAN required. How to fix this problem

BY: Mahesh Kumar

Total Answers : 0 | View Answers | Post Answers

44377
Sep, 22
2022
DIRECT TAXES - ( DSC FOR PASSWORD CHANGE )

A cooperative society has procured New DSC in the name of Secretary who has recently joined. While resetting password of Society , message appears DSC of previous secretary's PAN required. How to fix this problem

BY: Mahesh Kumar

Total Answers : 0 | View Answers | Post Answers

44375
Sep, 21
2022
AUDIT - ( COMMUNICATION WITH PREVIOUS AUDITOR IN CASE OF COMPILED BALANCE SHEETS )

Whether a CA is required to obtain NOC from previous Chartered Accountant in case of Compiled Balance Sheets certified by him (not audited under any law) ?

BY: Gaurav Kumar Baranwal

Total Answers : 1 | View Answers | Post Answers

44374
Sep, 20
2022
DIRECT TAXES - ( TDS MATTERS )

A reality co has demanded full and final payment 2500000-from an applicant. It has credited Interest for late posession Rs 22500-(25000--2500 TDS) Should asessee deduct TDS on 2500000- or on 2477500-(2500000-22500) Net payable amount

BY: Mahesh Kumar

Total Answers : 2 | View Answers | Post Answers