Advocate Sunil Moti Lala (assisted by CA Bhavya Sundesha) has prepared a Digest of 2000 important judgments on Transfer Pricing (605 cases), International Tax (130 cases) and Domestic Tax (1265 cases) pronounced in the period January 2018 to June 2018. …
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Year: 2018
Ancestral Property Concept – Fading Away | तथा वडिलोपार्जित-संपत्ती संकल्पनेचे विलोपन
Advocate Dinkar Parasharam Bhave has explained the entire law relating to ‘Ancestral Property’ in Hindu Law. He has made extensive reference to all the statutory provisions and the important judgements on the point. He has argued that the impact of the law is such that the concept of “joint family property” may soon be relegated to the history of Hindu Personal Law
Unsettling The Settled? Analysis Of The 5-Judge Constitutional Bench’s Decision In CC v. Dilip Kumar (2018) 9 SCC 1 On Rules Of Interpretation
Advocate Harsh M. Kapadia has dealt with the important question whether after the judgement of the Constitutional Bench in Dilip Kumar (2018) 9 SCC 1, the law laid down in Vegetable Products 88 ITR 192 (SC) that where there is ambiguity in a taxing provision, the benefit of the doubt should go to the taxpayer is overruled. The author has made out a convincing case that beneficial exemption provisions are not affected by the judgement and that they continue to deserve a liberal interpretation so as to advance the object of the legislature
Very Short Notice Is Not Fair But Used As A New Tool To Harass Assessees And Tax Professionals
CA Dev Kumar Kothari has alleged that the Department is behaving in a high-handed manner by issuing statutory notices at a late stage and threatening taxpayers with penalty for non-compliance. He argues that this is not only creating harassment for the taxpayers and professionals but also reflects inefficiencies in the working of the department. He has offered suggestions on how the department can streamline its affairs and achieve its objectives in an efficient manner
An Analysis Of The Supreme Court’s Judgement In Maxopp Investment 402 ITR 640 On S. 14A/ Rule 8D
In Maxopp Investment Ltd v/s CIT 402 ITR 640 (SC), the Supreme Court has laid down important law on the interpretation of section 14A and Rule 8D. Advocate Vipul Joshi has conducted a detailed study of the judgement in juxtaposition with the earlier judgements of the apex court in Godrej & Boyce Mfg. Co. Ltd v/s DCIT 394 ITR 449 (SC)] and CIT v/s. Essar Teleholdings Ltd 401 ITR 445 (SC) and explained its precise implications
Admissions & Retractions In Income-tax Proceedings With Reference To Survey, Search And Seizure
Advocate Narayan Jain has explained the entire law and procedure relating to admissions and retractions in income-tax proceedings. He has explained the extent to which the admissions are binding on the taxpayers. He has also explained the procedure by which taxpayers can retract from their admissions. All the important case laws on the subject have been referred to with a succinct commentary on their applicability
Section 92CE – Secondary Adjustments In Transfer Pricing: An Analysis And Emerging Issues
CA Piyush Bafna has conducted a systematic and thorough analysis of the newly introduced section 92CE of the Income-tax Act. The author has explained the circumstances in which the TPO is entitled to make secondary adjustment for the difference between …
Salient Features Of Prohibition Of Benami Property Transactions Act As Amended In 2016
Advocate Narayan Jain and FCA Dilip Loyalka have explained the salient features of the Prohibition of Benami Property Transactions Act as amended in 2016. The precise manner in which the Act identifies benami transactions has been pinpointed. The consequences that …
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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 …
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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