Category: Articles

A Comprehensive Guide To The law Of Reopening Of Assessments Under Sections 147 To 153 Of The Income-tax Act, 1961 (Updated: 2018)

Advocate Ajay Singh has conducted a meticulous assessment of the entire law in sections 147 to 153 of the Income-tax Act relating to the reopening of assessments. He has explained the entire procedure in a systematic manner and also cited all the important judgements on the issue. The Guide is an imperative read for all taxpayers and professionals

Attempts By CBDT To Destroy The Independence Of CIT (Appeals)

CA Paras Dawar has taken strong exception to the CBDT castigating CsIT(A) for giving relief to taxpayers “on legal grounds“. He has also condemned the CBDT’s offer of “incentives” to CsIT(A) to enhance assessments. He has argued that by dictating

Section 234F Needs Urgent Review And Withdrawal

Advocate Narayan Jain has argued that the newly inserted section 234F, which levies a fee for late filing of return, is harsh, oppressive, unreasonable and arbitrary. He has pointed out that so-called “fee” is really a “penalty” in disguise and that it results in a violation of the principles of natural justice. He has given convincing reasons in support of his contention

Date Extension Tug Of War

CA Prarthana Jalan has pointed out that it has become an annual ritual for taxpayers and the CBDT to indulge in a “tug of war” for extension of the due date for filing the returns of income. She explains that this sorry state of affairs is because the CBDT invariably delays issuing the relevant ITR Forms and other utilities necessary for filing the returns. The result of the delay by the CBDT is that the taxpayers are deprived of the time contemplated by the statute for preparing the return. The author has pleaded with the CBDT to rise above petty considerations and magnanimously extend the due date without waiting till the 11th hour to do so

New ITR Forms for Financial Year 2017-18 to be filed in time

CA Narayan Jain has systematically analyzed the numerous income-tax return (ITR) forms issued by the CBDT for AY 2018-19 and explained the circumstances in which each has to be used. He has also elaborated on the documents that are required to accompany the returns. The consequences of not filing the returns within the prescribed due dates have also been explained in a clear manner

Section 115BBE And Sections 68/69: Taxation Of Unexplained Income Or Investment

Advocate Narayan Jain has conducted a thorough analysis of the provisions of sections 68, 69 and 115BBE and explained their precise implications. The author has answered all the important queries that arise in day-to-day practice with respect to these statutory

Tax Management Through Will, Family Arrangement And Private Trust

N. M. Ranka, Senior Advocate, has explained the law and procedure of how substantial taxes can be legitimately saved through the mechanism of Wills, Family Arrangements and Private Trusts. The learned author has referred to all the important statutory provisions and judicial pronouncements on the subject. He has also emphasized the safeguards that taxpayers should take to ensure that their tax planning efforts do not fall foul of the law

The Law On Prosecution And Recovery Proceedings – Remedies Available To Taxpayers

Firoze B. Andhyarujina, Senior Advocate, has provided a comprehensive review of the constitutional remedies available under the Income-tax law with special reference to prosecution and recovery proceedings. The author has discussed all the important circulars and instructions issued by the CBDT and also referred to important judgements of the Supreme Court and High Courts on the subject

Thin Capitalisation: The Multinational Tax Avoidance Strategy

CA Ashish Chadha has explained the law on “Thin Capitalisation” in the context of section 94B of the Income-tax Act and the judgements on the point. He has also identified the issues which lack clarity and which can be potential

Section 14A & Rule 8D: Analysis Of Recent Important Judgements

CAs Ketan Ved and Rubal Arora have systematically tabulated the recent important decisions on the various contentious issues arising under section 14A and Rule 8D. The key takeaways from the judgements are given. The analysis will prove invaluable as a ready reckoner on the subject

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