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My “Ideal” Tribunal Member
By Shri S. E. Dastur, Senior Advocate : In the year 2021, 21 Hon’ble members have been appointed. Shri S. E. Dastur, Senior Advocate one of the legends of the tax profession had shared his thoughts titled “My Ideal Tribunal Member” - which was Published at Platinum Jubilee Souvenir of ITAT in 2016 at Delhi dt. 25-1-2016] and also in the publication of… Read More ...
EXEMPTIONS. A CONTRAPOINT
By ANADI VARMA: Availing of substantial exemptions and deductions is a subject of hot debate under the income tax law.The article makes one simple contrapoint on the debate,hitherto not given due importance in the tax debates. Read More ...
Impact Assessment of CBDT Circular on TDS on Benefits or Perquisites u/s 194R on Business
By Mayank Mohanka, FCA, Partner S M Mohanka & Associates & Founder Director, TaxAaram India Pvt Ltd: In this Article, the author has done an in-depth and comprehensive impact assessment analysis of the CBDT Circular on TDS on Benefits or Perquisites u/s 194R on Businesses. The author has also identified some key and commonly recurring financial transactions in any Business, which may require compliance under the new TDS provision u/s 194R w.e.f.… Read More ...
Clause by clause analysis of provisions of Reassessment under the Income Tax Act, 1961
By Tushar Hemani, Sr. Advocate and Siddharth Hemani, Law Intern: Law on the existing provisions of reopening is to a great extent settled. However with the introduction of completely new provisions, lot of uncertainty is now created amongst tax payers as well as tax administrators. Even Courts are finding it difficult to learn and interpret these new provisions. In this paper, we plan to discuss… Read More ...
Contribution by Charitable Trusts – Current Legal Status in Maharashtra
By CA Anilkumar Shah, caanilshah@gmail.com: There is a confusion prevailing amongst the trusts and professionals regarding the Contribution payable to Hon. Charity Commissioner’s offices especially when the online verification forms generated after uploading annual audited account statements, shows Contribution payable by all the trusts, irrespective of the exemptions available and the stay by Hon. Bombay High Court for collection of… Read More ...
Concept of Beneficial Ownership in the context of Article 13 regarding Capital Gains
By Ashish Chadha: The article evaluates the recent judgment of the Mumbai Tribunal in light of the available jurisdiction of Indian and Foreign Courts on the said issue along with the guidance provided in this regard in the Committee Reports. Read More ...
ON RULE OF CONSISTENCY
By ANADI VARMA: The contest between rule of consistency or stare decisis vs the traditionally accepted principle that res judicata does not apply to income tax proceedings has been a dispute of long standing.Various fora have,on facts of their case and their reading of law have given varying judgments .The article is an attempt to understand the issue,place… Read More ...
Apex Court in UOI vs Ashish Agarwal: The Analysis
By Adv. ABHISHEK ANAND: In the said judgment the Apex court may have accepted the possible view taken by the different High Court’s of the country that the Notice issued u/s 148 after 31st March 2021 is void as per Finance Act, 2021 but at the same time the Court has disregarded the applicability of the said observation- and… Read More ...
Bearing of Human Presence on constitution of a Fixed Place Permanent Establishment in Digital Economy
By Ashish Chadha: The article highlights the relevance of human presence in establishing a fixed place permanent establishment in the modern era digital economy. It includes various foreign court judgments on the said issue and brings to light the discussion in the OECD Model Convention commentary on the same. Read More ...
Can a Certificate issued under CGST Rule 89(2)(m) by a CA, be made a basis, for Arrest u/s 69 read with section 132 of the CGST Act?
By Mayank Mohanka, FCA, Partner S M Mohanka & Associates & Founder Director, TaxAaram India Pvt Ltd: in this article, a sincere and honest attempt has been made to analyse and interpret the real purport of such legislative provisions concerning the invoking the power of arrest u/s 69 read with section 132 of the CGST Act, in the context of issuance of the prescribed Certificate by a Chartered Accountant under Rule 89… Read More ...