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Taxchopal Latest Questions

Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 13, 2025In: Corporate Laws

Can a section 8 Company do commercial activity? What will be the impact?

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 13, 2025In: Corporate Laws

Are Ind AS applicable on section 8 Company?

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 12, 2025In: Income Tax

How an India origin foreign ctizen can file ITR in India, how we receive OTP to validate the ITR?

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 12, 2025In: Income Tax

How an Indian origin foreign citizen can get PAN in India or can apply for correction in PAN in India?

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 12, 2025In: Income Tax

Do an Indian origin foreign citizen or NRI ned to link adhar with PAN in India?

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Ankit
AnkitBeginner
Asked: July 14, 2025In: Income Tax

What tds % to be deducted by buyer for property from NRI seller assuming selling is making LTGC

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on July 15, 2025 at 11:43 am

    Hi Ankit, Buying a property from an NRI will require deducting TDS at 12.5% on the sale price under Section 195, assuming it is a long-term capital gain and the transfer took place on or after July 23, 2024. If it was before this date, then the rate will be 20% on the sale price. Surcharges will beRead more

    Hi Ankit,

    Buying a property from an NRI will require deducting TDS at 12.5% on the sale price under Section 195, assuming it is a long-term capital gain and the transfer took place on or after July 23, 2024. If it was before this date, then the rate will be 20% on the sale price.

    Surcharges will be applicable at 10% if the sale consideration is between 50 lakhs to 1 Cr and 15% if more than 1 Cr.

    Health and Education cess @ 4% applicable on the tax additionally.

    Please read my previous answer for the details on the process of deduction.

     

     

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Answer
SK Sinha
SK SinhaBeginner
Asked: July 11, 2025In: Corporate Laws

How to withdraw PF from previous organisation?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on September 18, 2025 at 7:41 pm

    Hi, below is the process to withdraw PF from your previous organization's PF Trust account. Keep ready the below documents : UAN and PF account number (if you have it) Aadhaar (copy), PAN (copy) Cancelled cheque or passbook page showing your bank account + IFSC Resignation/relieving letter and dateRead more

    Hi, below is the process to withdraw PF from your previous organization’s PF Trust account.

    1. Keep ready the below documents :
    • UAN and PF account number (if you have it)
    • Aadhaar (copy),
    • PAN (copy)
    • Cancelled cheque or passbook page showing your bank account + IFSC
    • Resignation/relieving letter and date of exit from employer.

    2. Fill the form 19.  This form can be downloaded from EPFO website or you can ask the HR of your previous organization to provide you with the same

    3. Write to HR to pay you the final PF amount or transfer it to your next employer’s PF trust/EPFO account. You can send your payment request through email or by any other means as well. Add all documents mentioned above as an attachment.

    4.  In case you don’t receive any reply from the HR of your previous organization, or they don’t cooperate, you may lodge a grievance on EPFO’s grievance portal (EPFiGMS). For that, you can register as a “PF Member” and give your UAN / details; EPFO will route the grievance to the correct office.

    5. If the EPFO response is unsatisfactory, you may escalate through CPGRAMS/PMO as a final remedy.

     

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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?

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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?

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