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Taxchopal Latest Questions

mkg
mkgTeacher
Asked: April 2, 2025In: Income Tax

How many type of Assessment and Appeals are in the Income Tax?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on May 1, 2025 at 10:46 am

    The Income Tax Act prescribes 5 main types of assessments, each with a different purpose and scope: 1️⃣ Self-Assessment – [Section 140A] This is done voluntarily by the taxpayer while filing the income tax return. If tax is payable as per return, it must be paid before filing. ✔ No notice from deparRead more

    The Income Tax Act prescribes 5 main types of assessments, each with a different purpose and scope:

    1️⃣ Self-Assessment – [Section 140A]

    • This is done voluntarily by the taxpayer while filing the income tax return.

    • If tax is payable as per return, it must be paid before filing.

    • ✔ No notice from department required.


    2️⃣ Summary Assessment – [Section 143(1)]

    • Also known as Intimation.

    • Done by CPC through computerised checks.

    • Adjustments for arithmetical errors, mismatch in TDS, etc., are made.

    • ✔ No detailed scrutiny involved.


    3️⃣ Scrutiny Assessment – [Section 143(3)]

    • Involves detailed examination of the return and accounts.

    • Done to verify correctness of income, claims, exemptions, deductions, etc.

    • ✅ A notice under Section 143(2) is mandatory.

    • Commonly called Regular Assessment.


    4️⃣ Best Judgment Assessment – [Section 144]

    • Used when:

      • No return is filed,

      • Return is defective and not rectified,

      • Compliance is not made with notices.

    • Officer assesses income based on available material.


    5️⃣ Reassessment / Income Escaping Assessment – [Section 147/148]

    • Done when the Assessing Officer believes some income has escaped assessment.

    • Notice issued under Section 148.

    • Time limits and prior approvals apply as per amended provisions post Finance Act, 2021.

    𝗧𝘆𝗽𝗲𝘀 𝗼𝗳 𝗔𝗽𝗽𝗲𝗮𝗹𝘀 (With Relevant Sections)


    1️⃣ Appeal to CIT(Appeals) – [Section 246A]

    • First appellate authority.

    • Can appeal against order of Assessing Officer.

    • Must file appeal within 30 days of receiving order.


    2️⃣ Appeal to Income Tax Appellate Tribunal (ITAT) – [Section 253]

    • Against orders of CIT(A) or certain orders of AO.

    • ITAT is the second level appellate authority.


    3️⃣ Appeal to High Court – [Section 260A]

    • On substantial questions of law arising from ITAT orders.

    • Must be filed within 120 days from date of ITAT order.


    4️⃣ Appeal to Supreme Court – [Section 261]

    • Against High Court judgment, only if case involves important legal principles.

    • Requires certificate of fitness from High Court.


    5️⃣ Revision by CIT (u/s 263/264)

    • Not an appeal, but a review power:

      • Section 263 – Revision by CIT if order is erroneous and prejudicial to revenue.

      • Section 264 – Revision in favor of taxpayer.


    🔄 Faceless Assessment and Appeals (Recent Development)

    • Introduced to bring transparency and efficiency.

    • Conducted electronically, without physical interface.

    • Applies to 143(3), 144 assessments and CIT(A) proceedings.


    🧾 Summary Table:

    Type Section Authority Purpose
    Self-Assessment 140A Assessee Tax paid while filing ITR
    Summary Assessment 143(1) CPC Automated preliminary check
    Scrutiny Assessment 143(3) AO Detailed examination of return
    Best Judgment Assessment 144 AO Non-compliance or defective return
    Reassessment 147/148 AO Income escaped assessment
    Appeal to CIT(A) 246A Commissioner (Appeals) First level appeal
    Appeal to ITAT 253 ITAT Against CIT(A)/AO orders
    Appeal to High Court 260A HC Legal issues in ITAT orders
    Appeal to Supreme Court 261 SC Appeal on legal grounds
    Revision (In Favour of Assessee) 264 CIT Review to help assessee
    Revision (In Favour of Revenue) 263 CIT Rectify errors harming revenue

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: March 25, 2025In: Corporate Laws

What is FCRA? Where does it applicable?

  • 0 0 Answers
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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: March 24, 2025In: Income Tax

Can we take income tax exemption for Gift in kind to a charitable trust?

  • 0 0 Answers
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Jaimal Deswal
Jaimal DeswalBeginner
Asked: March 24, 2025In: Income Tax

Tax benefit , new vs old

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: March 2, 2025In: Others

How much bank account should I open as an individual?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 12, 2025 at 2:40 pm

    The number of bank accounts an individual should open depends on their financial goals, income sources, and spending habits. Here’s a practical approach: 1️⃣ Primary Savings Account (Must-Have) Used for salary credits, savings, and daily transactions. Choose a bank with good digital banking servicesRead more

    The number of bank accounts an individual should open depends on their financial goals, income sources, and spending habits. Here’s a practical approach:

    1️⃣ Primary Savings Account (Must-Have)

    • Used for salary credits, savings, and daily transactions.
    • Choose a bank with good digital banking services and low fees.

    2️⃣ Secondary Savings Accounts (For Budgeting & Goals)

    • Helps separate funds for specific purposes (e.g., travel, emergency fund, investments).
    • Can be in a different bank to avoid overspending.

    3️⃣ Investment accounts (For Wealth Growth)

    • Linked to mutual funds, stock market, or fixed deposits.
    • Recommended if you actively invest.

    4️⃣ Business or Freelance Accounts (If Self-Employed)

    • Keeps personal and business expenses separate.
    • Required for tax filing and accounting.

    5️⃣ Joint Account (If Needed)

    • Useful for couples, aging parents, or dependents.
    • Ensures easy fund access for shared expenses.

    💡 Best Practice:
    ✅ 2-3 accounts are sufficient for most individuals.
    ✅ Avoid multiple accounts unless necessary (to prevent maintenance fees and complexity).

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: March 1, 2025In: Corporate Laws

What is the difference between a subsidiary and joint venture?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 2, 2025 at 4:37 pm

    What is a Subsidiary? A subsidiary company is defined under Section 2(87) of the Companies Act, 2013 as a company where another company (holding company) meets either of the following conditions: ✅ Owns more than 50% of its total share capital; or ✅ Controls the composition of its Board of DirectorsRead more

    What is a Subsidiary?

    A subsidiary company is defined under Section 2(87) of the Companies Act, 2013 as a company where another company (holding company) meets either of the following conditions:
    ✅ Owns more than 50% of its total share capital; or
    ✅ Controls the composition of its Board of Directors.

    The parent (holding) company has significant control over the subsidiary’s operations, decision-making, and financial reporting.

    What is a Joint Venture (JV)?

    A joint venture is a business partnership where two or more companies collaborate for a common goal. Although the Companies Act, 2013 does not explicitly define a JV, it is generally understood as a strategic alliance where parties:
    ✔️ Contribute capital, resources, and expertise
    ✔️ Share risks and profits
    ✔️ Make joint decisions as per the JV agreement

    A JV can be structured as a company, partnership, or contractual arrangement, depending on the agreement between the parties.

    Key Differences Between a Subsidiary and a Joint Venture

    Factor Subsidiary Joint Venture
    Legal Definition Defined under Section 2(87) of the Companies Act, 2013. Not explicitly defined under the Companies Act but recognized under business laws.
    Ownership & Control Parent company holds >50% ownership and exercises control. Ownership is shared as per the JV agreement.
    Legal Structure A separate legal entity from the holding company. Can be a company, partnership, or contractual entity.
    Financial Consolidation Financial statements must be consolidated with the parent company as per Ind AS 110. Usually accounted for using the equity method under Ind AS 28.
    Liability The subsidiary is legally separate, but the parent may be liable in certain cases. Liability is shared based on the JV agreement.
    Decision-Making The holding company has full control over operations and management. Decisions are made jointly as per the JV agreement.
    Purpose Formed for long-term expansion under the holding company. Usually created for a specific project or business collaboration.
    Dissolution Exists indefinitely unless sold, merged, or wound up. Can be terminated as per the agreement or after project completion.

    Real-Life Examples

    🚗 Subsidiary Example:
    Maruti Suzuki India Ltd. is a subsidiary of Suzuki Motor Corporation, Japan, where Suzuki holds a majority stake and controls its operations.

    🔩 Joint Venture Example:
    Tata Steel and Nippon Steel formed a JV in India to manufacture high-quality steel, sharing expertise, investment, and control.

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CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: February 27, 2025In: Income Tax

What is the change in capital gain tax as per finance budget 2025?

  1. CA Vishnu Ram Enlightened
    Added an answer on February 27, 2025 at 11:46 am

    Capital Gains Taxation: Before & After Budget 2025 Asset Type Earlier (Before Budget 2025) After Budget 2025 Indexation Allowed? Listed Equity Shares & Equity-Oriented Mutual Funds (Holding > 12 Months) ✅ LTCG up to ₹1 lakh – Tax-free (Section 112A) ✅ LTCG above ₹1 lakh – Taxed at 10% (wiRead more

    Capital Gains Taxation: Before & After Budget 2025

    Asset Type Earlier (Before Budget 2025) After Budget 2025 Indexation Allowed?
    Listed Equity Shares & Equity-Oriented Mutual Funds (Holding > 12 Months) ✅ LTCG up to ₹1 lakh – Tax-free (Section 112A)
    ✅ LTCG above ₹1 lakh – Taxed at 10% (without indexation)
    ✅ LTCG up to ₹1.25 lakh – Now tax-free
    ✅ LTCG above ₹1.25 lakh – Now taxed at 12.5% (without indexation)
    ❌ No Indexation Allowed
    Unlisted Shares (Holding > 24 Months) ✅ LTCG taxed at 20% with indexation (Section 112)
    ✅ Non-residents taxed at 10% (without indexation)
    ✅ No change in tax for residents (still 20% with indexation)
    ✅ Non-residents now taxed at 12.5% (without indexation)
    ✅ Yes, for residents
    Debt-Oriented Mutual Funds (Holding > 36 Months) ✅ LTCG taxed at 20% with indexation (before April 1, 2023)
    🚨 After April 1, 2023 – No indexation, taxed as per slab rate
    ✅ No change – Gains taxed as per income tax slab rate (without indexation) ❌ No Indexation (since April 1, 2023)
    Real Estate (Land & Building) (Holding > 24 Months) ✅ LTCG taxed at 20% with indexation
    ✅ Exemptions available under Sections 54 & 54F if reinvested in property
    ✅ No change – Still 20% with indexation ✅ Yes
    Gold & Other Capital Assets (Holding > 36 Months) ✅ LTCG taxed at 20% with indexation ✅ No change – Still 20% with indexation ✅ Yes
    Cryptocurrency (Virtual Digital Assets – VDAs) ✅ LTCG taxed at 30% (without indexation or deductions) ✅ No change – Still taxed at 30% without indexation ❌ No Indexation Allowed

    🔹 Key Takeaways from Budget 2025

    ✅ Indexation rules remain unchanged – It is still available for unlisted shares, real estate, and gold, but not for listed shares, debt funds, or cryptocurrencies.
    ✅ LTCG tax on listed equity shares & mutual funds has increased from 10% to 12.5% (without indexation).
    ✅ Threshold for tax-free LTCG on listed shares has increased from ₹1 lakh to ₹1.25 lakh.
    ✅ Non-residents (including FIIs) now pay 12.5% instead of 10% on LTCG from unlisted shares.
    ✅ No impact on taxation of debt mutual funds (still taxed at slab rate without indexation).

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: February 24, 2025In: Corporate Laws

On what value Labor cess shall be calculated?

  1. CA Vishnu Ram Enlightened
    Added an answer on February 25, 2025 at 10:35 am

    As per Section 3(1) of the Act, labour cess is levied at 1% of the "cost of construction." Cost of Construction Includes (Rule 3 of the Cess Rules, 1998) ✅ Material Cost – Cost of raw materials used in construction✅ Labour Cost – Wages and salaries paid to workers✅ Hire Charges – Rent for machineryRead more

    As per Section 3(1) of the Act, labour cess is levied at 1% of the “cost of construction.”

    Cost of Construction Includes (Rule 3 of the Cess Rules, 1998)

    ✅ Material Cost – Cost of raw materials used in construction
    ✅ Labour Cost – Wages and salaries paid to workers
    ✅ Hire Charges – Rent for machinery and equipment
    ✅ Architectural & Design Fees – Payments to consultants, engineers, and designers
    ✅ Contractor’s Bills – Total contract value for civil work

    Cost of Construction Excludes

    ❌ Land Cost – Purchase price or lease rent of land
    ❌ Compensation to Workers – Paid under the Workmen’s Compensation Act
    ❌ GST Component – Indirect taxes levied under GST

    Labour Cess on Supply and Service Cost with GST

    • Labour Cess is not levied on GST; it is calculated on the pre-tax cost of construction.
    • If a construction contract includes both supply and services, the cess is applied to the total contract value before adding GST.
    • Example Calculation:
      • Supply Cost (Materials): ₹50,00,000
      • Service Cost (Labour, Machinery, etc.): ₹30,00,000
      • Total Cost (before GST): ₹80,00,000
      • GST @ 18% (if applicable): ₹14,40,000
      • Labour Cess @ 1% on ₹80,00,000 = ₹80,000
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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: February 18, 2025In: Corporate Laws

When Labor cess is applicable?

  1. CA Vishnu Ram Enlightened
    Added an answer on February 24, 2025 at 7:52 pm

    The Building & Other Construction Workers’ Welfare Cess (BOCWW Cess) is a levy imposed on the construction costs incurred by employers for building and other construction activities. As per Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions ofRead more

    The Building & Other Construction Workers’ Welfare Cess (BOCWW Cess) is a levy imposed on the construction costs incurred by employers for building and other construction activities.

    As per Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, read with Section 2(d) of the Building and Other Construction Workers’ Welfare Cess Act, 1996, the term “building or other construction work” has a broad scope. It includes activities such as construction, alteration, repairs, maintenance, and demolition related to various structures, including buildings, streets, roads, railways, airfields, irrigation systems, drainage works, flood control projects (including stormwater drainage), power generation and distribution, waterworks, oil and gas installations, electric lines, telecommunication networks, dams, canals, tunnels, bridges, pipelines, transmission towers, and cooling towers. The government may also specify additional construction works through notifications. However, it excludes any construction activities covered under the Factories Act, 1948, or the Mines Act, 1952.

    The BOCWW Cess is imposed on the total construction cost incurred by employers. As per Sections 3(1) and 3(3) of the Building and Other Construction Workers’ Welfare Cess Act, 1996, along with Notification No. S.O. 2899 dated 26.09.1996, the cess is charged at 1% of the total construction cost.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: February 13, 2025In: Accountancy

When Ind AS are applicable?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on February 24, 2025 at 7:57 pm

    Ind AS applies based on company size and listing status. 1. Mandatory Applicability: From April 1, 2016 → Listed & unlisted companies with net worth ₹500 crore+. From April 1, 2017 → All listed companies & unlisted companies with net worth ₹250 crore+. From April 1, 2018 → Banks, NBFCs &Read more

    Ind AS applies based on company size and listing status.

    1. Mandatory Applicability:

    • From April 1, 2016 → Listed & unlisted companies with net worth ₹500 crore+.
    • From April 1, 2017 → All listed companies & unlisted companies with net worth ₹250 crore+.
    • From April 1, 2018 → Banks, NBFCs & insurance companies with net worth ₹500 crore+.
    • From April 1, 2019 → NBFCs with net worth ₹250 crore+.

    2. Voluntary Adoption:

    • Any company can opt for Ind AS but cannot switch back to old standards.

    3. Not Required for:

    • Small companies not meeting the above criteria.
    • Some banks & insurance companies (Ind AS implementation under discussion).

    Net Worth = (Paid-up Share Capital) + (Reserves & Surplus) – (Accumulated Losses) – (Deferred Expenditure Not Written Off)

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