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Question & Answer


R

Ritesh Singh

29 Jul 2021

I will get salary from 2 employers, will it be an issue?

Replies (1)                          

CA Rahul Dwivedi       30 Jul 2021

No issue

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S

Shivesh Goel

29 Jul 2021

If Property sold in name of Wife and consideration Received in Husband's Account, Whether clubbing provision will attract or wife should be charged capital gain tax. Further Husband didnt transfer consideration amount to wife account and cant transfer now.

Replies (2)                          

A RAJGARIA & ASSOCIATES       29 Jul 2021

please connect on 7679875546

CA Rahul Dwivedi       29 Jul 2021

Dear Mr. Shivesh,
As the property sold was in the name of wife so as per general principal it will be taxable in the hands of wife even though the consideration received in Joint A/c or your account. However there are chances of applicability of clubbing provision under Section 64. Detailed discussion required for further assistance and planning purpose. For that you can reach me on ca.rahuldwivedi@gmail.com or 9004485377


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A

Aman Upadhyay

28 Jul 2021

Hey i'm acting as a broker between two parties, one is a producer and second is a buyer. Buyer party is from USA and producer is in India itself. How can i get the large advance payment in my account so that i can buy at lower price and sell tgem at high prices to the buyers. Buyer party is ready to transfer the advance payment, please suggest how should i Ccept the payment without getting into any legalities.

No Reply  


S

Shivesh Goel

28 Jul 2021

Finance Act 2021 inserted an explanation to clause of Section 36(va) (related to payment of Employee’s Contributions to PF ESI before due date)
“For the removal of doubts, it is hereby clarified that the provisions of section 43B shall not apply and shall be deemed never to have been applied for the purposes of determining the "due date" under this clause”
Also FA 2021 inserted an explanation to 43B
“For the removal of doubts, it is hereby clarified that the provisions of this section shall not apply and shall be deemed never to have been applied to a sum received by the assessee from any of his employees to which the provisions of sub-clause (x) of clause (24) of section 2 applies.”
Questions arises
1.Whether Rulings of High Courts of India regarding Allowance of Employees Contribution to PF ESI after due date of fund but before 139(1) still stands?
2.Whether it is applicable from AY 2022-23 or will have retrospective effect?
3. Appeals pending before CIT(A) or ITAT of earlier AYs in respect of above Point (Disallowance of EPF/ESI) still valid or AO will reject the case and will raise the demand?
Please Clarify.

Replies (2)                          

CA Naman Maloo       28 Jul 2021

No after insertion of this explanation the ruling will not stand atleast after 01.04.21
People are challenging it's retrospective effect.

CA Rahul Dwivedi       29 Jul 2021

As per my understanding from AY 2020-23 delayed payment of employees contribution is disallowed. However retrospective effect is under litigation. If we interpret the wording wording used in the section it seems that it has retrospective implication

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V

Vaibhav Verma

28 Jul 2021

I am giving my dad 6 lacs to buy a car. We both are salaried persons. Will my dad be liable to pay tax on that 6lacs?

Replies (2)                          

CA Rakshit Jain       28 Jul 2021

No, it is not taxable. Since your dad is your relative as per Income Tax Act. But you should form a Gift deed for such transfer. For more details contact 9587334442 or Email at rakshit1192@gmail.com

CA Rahul Dwivedi       28 Jul 2021

Not taxable

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