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I am a computer/IT tutor. I teach them theory as well as practials. I want to know that under which business code in ITR 3 , i have to file my return? Will it be under sector - Education services, Sub sector -coaching centres and tutions (17006) or it will be under sector - Computer and related services, Sub sector - Computer training and educational institutes (14009) or any other head?

A. Dear Sir, Please consult auditor or chartered accountant.

I start a business but business place is in the name of my wife.so is possible 99 yrs agreement without any rent paid?please suggest.

A. Sir the general rule of a contract is "NO CONDERATION, NO CONTRACT" the contract will be void if there is no consideration. Such an agreement is only possible by way of a gratuitous gift. HOWEVER, because it is a business place [a valid rent agreement is a necessity] So you need to have a rent agreement. [The payment of the rent can be the minimum rent amount paid at that place according to the market value of the land] Such an agreement is legally possible only by way of a gift deed but however it shall create further future problems when it comes to the business. Thanks Shreyash Mohta

My late Brother-in-law expire in feb 2018 at Kolkata. For the AY2018-19, the gentleman who helps my elder sister / her late husband in fling ITR, Filed her HUSBAND's ITR with my Sister as REPRESENTATIVE assessee, but now says he did not upload his death certificate (possibly since he did not care to get a Legal heir's certificate ( or any equivalent alternative document required by Income TaX Dept.). Since my brother-in Law's PAN card was not closed & some FD's etc still had his name as first investor till very recently, my brother-in-law's 26AS statement shows flows into his current 26AS statement of AY 2019-20 as on date in website. My brother-in-law's Jadavpur University Pension any way stopped on his death & my sister is now getting a family pension from from Jadavpur University. 1. Has Income Tax authorities by virtue of filing of ITR 2018-19 of my late b-in-law's by my sister as Representative assessee, CONSIDERED AUTOMATICALLY to have expired in AY2018-19? OR Till such time his Death Certificate PLUS Legal Heir Certificate (or it's alternative), BOTH are submitted, they would not record his death in their records? 2. Can the Late b-in-law'ss PAN be closed now itself by my sister by appraching Brother-in-laws AO, OR only after Legal heir's certificate ( or any equivalent document acceptable by Income TaX Dept.) is obtained by my elder sister & then only can she approach AO? 3. Will my sister have to file Later husband's ITR for AY2019-20 as REPRESENTATIVE assessee ( 2nd time this year, she 1st time having filed last yr) this year also, since Late b-in-law's 26 AS shows some interest payments by banks etc. OR My Sister has to add all Bank interest flows in her late husband's 26 AS statement this year, in to her ITR 2019-20 returns & do not bother about her husband's ITR? 4. If Legal Heir's Certificate is a must, thenhow can my sister get it fastest & with least physical effort, since she is NOT in very good health? What type of CAN SOME PROFESSIONAL SERVICE be available in Kolkata to get the OVER ALL issues solved and it's rough cost? Thanks & rgds Prof A K Mitra

A. Better understanding Ur should approach any local charted accountant for better understanding

My father had purchased a property in 1970 which is in my name since last ten years. This year I demolished the house which was built on it at the time of purchase by my father and got a new plan passed by the municipal corporation and constructed new semi constructed building on it. Now I want to sell a part of it. Now my question is whether it will attract long term capital gain as my father had bought it in 1970 and it is in my name since last ten years or short term capital gain since I have constructed a new structure on it by demolishing the original structure and it has just been 11 months since i started the new construction Read Less

A. Dear Client, The best option for you would be to engage an Income Tax Lawyer or Chartered Accountant . Basically I do not see any reason why should you pay additional or more tax.You pay what what is due on you. Remember it is not mantra. Everything is written in black and white. Shanti Ranjan Behera, Advocate

I am not yet clear that my lawyer filing my taxes file my pan no AGYPR1511M Name SAMIRAN ROY

Hi.I worked in a company from 01-04-2017 to 06-08- 2018. For Financial year 2017-18 Company deducted TDS on my salary but didn't deposit it to the government, hence not issuing 'Form 16'. My 'Form 26 AS' also has no TDS credit for FY 17-18.I have an e-mail (sent by company' HR) tax calculation sheet where company has admitted to have deducted TDS for 4 months- April to July; In this sheet they have also given plan for monthly deduction of TDS for the remaining months. I also have some text messages from the company's number, in which I am informed about the deduction of TDS for the upcoming months. At present I am not working in the company I left the job there this month only , my 4 month salary is also due. so I want to know what is the legal remedy I have to recover 'Form 16 & salary dues' from them so that I can file the IT return and I don't get demand notice from income tax department.

A. Nothing more to be added. Go by the advice of Advocate Deepak Bade.

Dear sir, I live in rented premises. My landlord, while making advance tax payment for his rent income in March 2018 online through SBI portal, have made some mistake because of which it is showing as my income and the tax paid by him as TDS deducted under Part F of my form 26AS. This is absurd as i have neither sold any property nor rented any property to tenant. This is solely because of the mistake of my landlord. He has wrongly used my PAN no. Since the due date for filing return is near, I am feeling miserable. I cant declare a income which is never mine. I have tried to persuade my landlord to get the mistake reversed/rectified, but he is showing little interest. Now, please advise me steps to rectify this and how to indirectly persuade my landlord to rectify the mistake. The part F of the form is clearly showing transaction amount of Rs. 81000 and TDS of Rs. 4100 and the PAN no of my landlord. This is for FY 17-18. Please help.

A. If u are already a registered user, login in the e filling section of IT department or if not registered then register at the first instance and raise a grievance immediately on the portal. Thereafter file your IT return if required and don't mention the transaction of landlord as your income.

Hello Sir, I recently searching on Google found the informations regarding Living Kidney Donation. I have few questions below. * If I donate my Kidney for money in my own wish to the Organ Trust. Is this illegal in India ? * In case if I donate the kidney means, the amount which I received from the foreign trust to my bank account is taxable ? * If I have a valid kidney donor card, is it ok to proceed further ? * What are the legal issues and tax issues in this matter ? Kindly look into this and provide me the correct suggestion . Thank you, Renjith

A. The word donation itself states what it mean.