Category: Articles

The authors have conducted deep research into how the transfer pricing regulations in India, OECD and other countries function and how effective it is in preventing the menace of transfer pricing manipulation. The authors have identified weaknesses in the law and made valuable suggestions on how it can be strengthened.

Hon’ble Justice Daga uses his perspective as a serving judge to outline the qualities that a successful lawyer should have. ‘Industry’ and ‘Integrity’ are two qualities that every professional must possess to succeed, he emphasizes. He cites the example of Nani Palkhivala to illustrate the heights to which a professional can rise with the proper approach.

Hon’ble Justice Rebello provides a unique perspective from his position as sitting judge of the Bombay High Court with rich experience in tax matters as to the advantages available to the Country and what measures can be taken to capitalize on them. He lauds the use of technology and points out that this has not only reduced the delay in disposal of tax matters but has also resulted in complete transparency in the functioning of Courts.

Analysis of six important judgements (Oct to Dec ’09) CA Anant N. Pai No practitioner can afford to be unaware of latest judgements & whether experts view the judgement as being right or wrong. Towards that end, the author has …

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The author has conducted pain-staking research to identify the core principles of law on which reopening of assessments under sections 147 & 148 of the Income-tax Act are based. He has also sorted through the plethora of case law to identify the important ones that cannot be missed. This ready-referencer will prove invaluable to a busy practitioner looking for a judgement on a point.

Are Derivatives really speculative transactions? CA Anant N. Pai The author argues that the judgement of the Special Bench in Shree Capital Services requires reconsideration. He argues that there is an inconsistency in the Tribunal’s finding that a derivative is …

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The author uses strong logic to make two controversial arguments. One, that the amount taxed under the new s. 56 [2][vii] can be treated as cost of asset acquired in computation of business income and second, that the conversion of a firm into a LLP under the Limited Liability Partnership Act 2008 does not attract capital gains liability.

What causes War and bloodshed in the name of GOD? The author explores the fascinating connection between religious beliefs and the causes of eternal human conflict. He uses Palestine – the place where three religions converge – as a case study to explain his thesis on why it has become the focal point of a global war.

The Learned Judge laments that the Income-tax Act is a “national disgrace”. He says that it is unfortunate that the law is so complex that even practising Lawyers and Judges have to employ
Chartered Accountants or tax experts to file their income tax returns. He uses his vast experience to provide several suggestions on how the law can be made simple, concise and effective.

Pakistan – The Global Terrorism Monster! CA Anant N. Pai ‘Indian’ The author minces no words in demanding that with the imminent conversion of Pakistan into ‘Talibanistan’ and its growth into a global terrorism monster, India must exercise the right …

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