Year: 2021

Advocate Sanjiv Shah has explained the entire law on “audi alteram partem” in a simple and clear manner. He has referred to all the important judgements on the topic and highlighted their nuances. He has also clarified the misconceptions that prevail with regard to the legal principles

Dr. K. Shivaram, Senior Advocate, and Mr. Shashi Bekal, Advocate, have explained in meticulous detail the entire law and practice relating to the newly introduced scheme of ‘Faceless Appeals’. The learned authors have also offered valuable suggestions on how the scheme can be improved. They have also prepared a check-list which will enable taxpayers and professionals to derive maximum advantage from the scheme

Advocate Aditya Ajgaonkar has explained the concept of “faceless appeals” proposed to be introduced in the ITAT by the Finance Bill 2021. He has opposed the proposal and argued that it is a serious affront to the independence of the judicial function and a violation of the principles of natural Justice. He has pleaded that the proposal should be reconsidered by the Government

In CIT vs. Shriram Ownership Trust (2020) (122 155), the Madras High Court has held that a Respondent in an appeal filed u/s 260A of the Act is not entitled to challenge an adverse finding by the Tribunal. Advocate Sukhsagar Syal has explained the implications of the judgement and argued that it requires reconsideration. He has also offered practical suggestions on what litigants should do to safeguard their interests

The CBDT has issued a clarificatory circular no. 36 or 2016 dt. 25-10-2016 for exempting capital gain on acquisition of non-agricultural lands by the Government. CA Anilkumar Shah has studied the Circular and the law on the subject and explained various important issues arising therefrom

CA Anilkumar Shah has earlier explained the law relating to the taxation of donations to the corpus of a trust which is not registered under sections 12A/AA of the Income-tax Act, 1961. He has now answered queries on the effect of clause (x) to S. 56(2) of the Act on the taxability of corpus donations and also for donations from one trust to the other. A pdf version of the article is available for download