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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

1. Tax Management

A rupee of tax saved is much more than the rupee of income earned. After understanding the tax laws, availing of various exemptions, deductions and incentives provided under the tax laws and resorting to tax management / tax planning, many tax payers could promote their resources and prosper. So much so that one could reduce the tax burden to a tolerance limit. Brunt of taxation can be substantially reduced by adopting proper tax planning. Tax management is sound law and certainly not bad morality to so arrange one’s affairs as to reduce the brunt of taxation to a minimum.

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

firoze andhyarujina

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

“Legislature would be guilty of an unconstitutional delegation of its legislative function and power if instead of laying down the policy of law or some other standard or objective criteria for the application of the law, it leaves the matter of selection of the persons or objects for directing the law against them, according to the uncontrolled discretion of the administrative authority.”

State of West Bengal vs. Anwar Ali Sarkar AIR 1952 SC 75.

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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 sources of dispute. He has called upon the authorities to clarify the contentious issues so as to enable seamless implementation of the law

1. Introduction

Debt and equity are the elementary sources of raising funds for any business organisation. Although, it is of supreme importance for every business entity to adopt the right financing mix of debt and equity, certain entities tend to become highly leveraged by having a thin capital structure.

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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

Section 14A of the Income-tax Act, 1961 [Act] was introduced by the Finance Act, 2001 with retrospective effect from 01 April 1962, to provide for disallowance of expenditure incurred / deemed to have been incurred in relation to income not chargeable to tax.
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Are We Doing Injustice With Ourselves While Getting Justice For Others?

CA Prarthana Jalan has issued the timely warning that professionals get so obsessed with their professional duties, that they do not even realize that they are neglecting their own well-being and that of their families. She urges everyone to maintain a healthy work-life balance lest we face health and emotional problems later in life

Just a few days back, somebody asked me “what are your working hours”?

To this question with curved eyebrows I started with “10-6, no actually 9.30 to 7 or sometimes beyond or early to that, depends upon the work” and eventually the correct answer that I was able to arrive at was surprisingly from the time I get up in the morning till the time I am asleep in the night.

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The Law On Taxability Of Loan Waivers Explained

Sashank Dundu

Advocate Sashank Dundu has systematically analyzed all the recent judgements of the Supreme Court and High Courts on the controversial question as to whether benefits arising from waiver of loans constitute a capital or revenue receipt. He has also provided a clear-cut explanation of the interplay between sections 41(1), 28(iv) and 56(2)(x) on the taxability of such benefits

Waiver of Loan – Capital or Revenue – Benefit or Perquisite – Whether the law is settled?

1. Introduction:

1.1 Recently the Supreme Court in the case of Mahindra and Mahindra Ltd. [2018] 93 taxmann.com 32 (SC), laid down the law that waiver of loan shall not be taxable either u/s 28(iv) or s.41(1). The law has been laid down in respect of two sections under the Income-tax Act as follows :

• As per the requirement of s.28(iv), the value of any benefit or perquisite, whether convertible into money or not, arising from business or the exercise of a profession. It clearly mentions that such benefit can be in any form, which can also be convertible into money. However, it should not be money. The Apex court has now clarified that ‘waiver of loan’ should be treated as ‘receipt of money’ and hence such receipt of money would fall outside the purview of s.28(iv) and accordingly cannot be taxable.

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Digest Of 900 Important Judgments On Transfer Pricing, International Tax And Domestic Tax (Jan To March 2018)

Sunil-Lala

Advocate Sunil Moti Lala (assisted by CA Tushar Hathiramani and CA Bhavya Sundesha) has prepared a Digest of 900 important judgments on Transfer pricing (245 cases), International Tax (55 cases) and Domestic Tax (600 cases) pronounced in the period January 2018 to March 2018. The author has meticulously and systematically classified the judgments into various categories to enable ease of reference. A PDF copy of the Digest is available for download. He has also given the appeal numbers in all cases so as to enable the judgements to be retrieved from the
website of the respective Court or Tribunal. The digest will prove invaluable to all practitioners of taxation law

The Digest comprises of all the important judgements dealing with transfer pricing, international taxes and domestic taxation laws. A brief head note is given for each case. The Digests for the earlier periods are available here

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Section 2(22)(e) Of The Income-tax Act, 1961 – Last Word Yet To Be Said

FCA Prakash Agarwal has analyzed all the recent judgements on the controversial issue as to what is a “shareholder” so as to attract the provisions of section 2(22)(e) of the Income-tax Act relating to taxation of “deemed dividends”. He points out that there is yet no clarity as to whether the expression means a “registered” shareholder or a “beneficial” shareholder. The author has provided his own opinion on the subject as well

Two recent judgements of the Apex Court have kept the pot boiling with regard to the meaning of word ‘shareholder’ appearing in section 2(22)(e). Though, everyone had assumed that the controversy and litigation in the matter had ended with the disposal of a large number of appeals from various High Courts decided by the Apex Court on 05.10.2017 upholding the decisions of the High Courts, a few well known ones were by the name of Madhur Housing, Ankitech, Caparo etc.

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E-Assessment: Electronic Communication Of Notices Under The Income-tax Act

Vinay-Kawdia

CA Vinay Kawdia has explained the legal framework for communication of statutory notices and orders in the electronic format and drawn attention to all the relevant circulars and notifications issued by the CBDT. He has also highlighted the practical consequences of the move to communicate electronically and cautioned that it could expose taxpayers to unwanted harassment

Introduction:

As a part of Government’s initiative towards E-governance, Income-tax Department has brought digital transformation of its business processes to a significant extent through the Income-Tax Business Application (ITBA) project which provides an integrated platform to conduct various tax-proceedings electronically through the ‘e-Proceeding’ facility available on it. To facilitate this initiative CBDT has issued series of circulars on the subject matter in last 2 years, to note a few:

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GST Act: Power Of Police To Investigate Offenses

Ashok Saraf

Dr. Ashok Saraf, Senior Advocate, has deliberated upon the important question whether the police has power to investigate cognizable offences under the GST Act, 2017 (both Central as well as State) by taking resort to the provisions of section 4(2) of the Code of Criminal Procedure, 1973. All relevant statutory provisions and judicial pronouncements have been referred

An important question that arises for consideration after the enactment of the Goods and Services Tax (GST) Act, 2017 (both Central as well as State) is as to whether police can investigate a cognisable offence of evasion of tax under the GST Act by taking resort to Section 4(2) of the Code of Criminal Procedure (CrPC), 1973 and whether police has the power to conduct search and seizure in respect of a cognisable offence under the GST Act without specific power having been conferred on the police and/or the Bureau of Investigation which comes under the police department under the GST Act to investigate into any offence committed under the GST Act.

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