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Rate of Depreciation on Computer Peripherals and Accessories
By Priyanshi Desai: This article is regarding the rate of depreciation on computer peripherals and accessories. Several judicial pronouncements are discussed regarding the entitlement of higher rate of depreciation on computer accessories and peripherals. Read More ...
Costs To Be Imposed On A.O, If Orders are Passed Without Application Of Mind- Hon. Bombay HC
By CA Milind Wadhwani : Assessment orders passed without application of mind liable to be set aside and invite substantial costs to be imposed on such AO Read More ...
EMPLOYEE’S CONTRIBUTION IN S 36(1)(va). EXPLANATION 2. NO RETROSPECTIVITY?
By ANADI VARMA: A catena of Tribunal decisions seem to have apparently settled the increasingly unpopular view about retrospectivity of Explanation 2 inserted in s 36(1)(va)This is a humble and respectful analysis of the orders and polite statement of inability to agree with the decisions because the settled law on Interpretation of Statutes as laid down in multiple… Read More ...
Law and procedure for Release of seized assets under Income Tax Act
By CA VINAY V. KAWDIA: Search and seizure is undoubtedly a serious invasion on the rights of citizens, therefore the revenue authorities are expected to be abundantly cautious while conducting a search. The scope of provisions related to search and seizure is very wide ranging from authorization of valid search -issue of search warrant to completion of search assessments and… Read More ...
DOCTRINE OF MERGER AND I.T.PROCEEDINGS
By ANADI VARMA : The decision of hon’ble S.C. in V. SENTHUR AND ANOTHER vs M. VIJAYAKUMAR, IAS, AND ANOTHER in contempt petition no 638 delivered on 1.10.2021[in CIVIL APPEAL NO. 4954 OF 2016 brings issue of doctrine of merger in focus again.The article attempts to collate various views hitherto expressed and judicial decisions with special reference to income… Read More ...
President for the Mother Tribunal: An appeal to appoint the regular President for the Income-tax Appellate Tribunal (ITAT) amongst the eligible Nine Vice-Presidents who have served the Institution for around two decades
By Dr. K. Shivaram, Senior Advocate: The author appeals to the Government to appoint a President for the Income Tax Appellate Tribunal at the earliest. The author emphasizes that there are nine distinguished and eligible Vice-Presidents suitable for the holding the post of the President. Further the author explains how Vice-Presidents, given their experience are better suited for the heading this… Read More ...
FAIRNESS PAYS AND UNFAIRNESS COSTS BOTH TO THE ASSESSEE AS WELL AS REVENUE
By KC Aggarwal: Revenue does not give credit for TDS deducted but not reflected in 26AS and assessee is left to fend for itself by contacting the deductor. Now under IBC 2016, Income Tax Department has to suffer for this high handed and unjust approach Read More ...
CONCEPT OF EVIDENCE AND INCOME TAX ACT
By ANADI VARMA : Issue of’’ evidence’’ has rankled a lot in income tax law.What exactly is evidence,what is the role of Evidence Act in tax law needs a basic understanding.These are some bullet points I was able to gather from my studies.I expect these to be of use specially to new entrants in field of tax litigation without… Read More ...
Admission and Retraction of Statement under Search
By Amit Kumar Gupta: A statement given under section 132(4) may be retracted depending on the facts and circumstances of the case. It is settled law that the statement recorded during the course of search including confession may be a best piece of evidence, but that by itself would not be conclusive evidence unless such statement is further supported… Read More ...
THE INCOME TAX APPELLATE TRIBUNAL – MR. PATIL CALLS FOR A JUDICIAL AUDIT
By Hon'ble Mr. Justice R.V. Easwar, Former Judge, Delhi High Court and former President, Income Tax Appellate Tribunal: Hon'ble Justice R.V. Easwar, Former Judge, Delhi High Court and former President, Income Tax Appellate Tribunal pays his respectful homage to Late Shri V.H. Patil, Advocate Supreme Court by penning down an imaginary conversation with the late Legend. Read More ...