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Question & Answer


V

Vishal

26 Apr 2018

I own a apartment flat in bangalore which I want to give on rent. The flat is in my name and registered to my PAN number. I have another HUF PAN card for my family. Is there a way I can display my rent income to the HUF PAN card.

Replies (2)                          

CA Rahul Agarwal       26 Apr 2018

Hello Vishal, You need to show as your income not as income of HUF..

CA Ankur Jain       2 May 2018

no

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B

Bappa D

10 Apr 2018

I am having resident savings account in 3 banks . I have redesignate one account from one bank to NRO just after reaching abroad. (Not yet NRI as per IT act yet ..) ... My question is if I do not redesignate other bank accounts due difficulties in doing so from out side india .. will it be problem ? If yes what can be the consequences ??

Replies (2)                          

RK & Associates       11 Apr 2018

I think you meant Resident as per IT act
However in this case the condition to convert your bank account starts immediately after you move abroad.
So you have to get the accounts converted to NRO/NRE as the case may be.
Further if you don't plan to use the other two accounts and let it be as it is - then no consequences

CA Rahul Agarwal       11 Apr 2018

As per FEMA regulation, when a resident’s status changes to NRI the resident savings account have to be converted to an NRO account. In simple words, it’s illegal to maintain a saving bank account for NRIs. Most of the people make a mistake of maintaining a resident saving bank account even after becoming an NRI. However, the law does not allow it.
Banks prescribe specific forms for the conversion of existing savings accounts to NRO accounts. Forms can be obtained from the bank or downloaded from the bank website.
Documents: A new account opening form also needs to be submitted to support the conversion request. Address proof of the overseas address must also be provided. Copies of the applicant’s passport, valid visa or work permit and OCI/PIO card (if applicable) must be submitted.

If you have already moved abroad without completing this formality, you can get copies of all your documents attested by the Indian Embassy or Notary and send them to the branch.

In the present case, Once the status changes to NRI the redesignation should be done.

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J

John Reddy

10 Apr 2018

If we sell land which is registered in my name , but the money is transferred by the buyer to another person's bank account then who pays the tax? Will it be me who is selling the land but has not got any money? Or will it be the person to whose account the money has been transferred by the buyer?

Replies (1)                          

CA Rahul Agarwal       10 Apr 2018

Taxability arises once the asset is transfered, You are required to pay tax on capital gain as soon as you acquire right to receive the price in lieu of the asset transferred irrespective of the time of actual receipt.Capital gain are charged on accrual or receipt basis.

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S

Sai Natha Reddy Buchupalli

8 Apr 2018

I am a student and I did online tutoring.my total earnings in financial year are 20,000/-only and there is no other source of income.TDS of 10% has already been deducted.I am not interested in tax refund.Is it mandatory to file returns?

Replies (1)                          

CA Rahul Agarwal       8 Apr 2018

Its not mandatory to file return of income but it is recommended to file as you will be asked clarification of not having claimed tds jn near future. To avoid complexities to give appropriate reply in future its our recommendations to file return and claim credit.

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S

Sagar Khurana

8 Apr 2018

I have taken total 9.5 lakh from brother through online banking in fy 2017-2018( 2.5 lakh on 4-april-2017, 2 lakh on 10 may 2017, and 5 lakh on 18-dec-207). All the transaction are through online banking. Then I have returned back 9 lack to my brother through online banking on 1-jan-2018. As per my knowledge all above transaction are non-taxable events( Gift). I and my brother have not made any GIFT deed for the above transactions. Is it compulsory to make GIFT deed for online banking transaction in blood relations to show as gift. If GIFT deed is compulsory, then Can we make one gift deed of all the above transactions now and if yes then how we can make gift deed for backdate online transactions

Replies (1)                          

CA Rahul Agarwal       8 Apr 2018

Making of gift is recommended but not mandatory in this case. Gift deed if desired could have been done before effecting a transaction.

Since there has been short term requirement of 9.5 lakh out of which 9 lakh has already been returned. You can either treat balance of 50k as unsecured loan from brother or gift as per your convenience. Income tax officer will not in ang way treat this as an income as this is an exempt transaction

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