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Abolition of Settlement Commission and Constitution of Dispute Resolution Committee
By S. R. Wadhwa, M.A. LLM, Advocate: The Income-tax Settlement Commission has been abolished with effect from 1st February 2021 and no application for settlement will be accepted from that date. Clauses 54 to 65 of the Finance Bill, 2021 are relevant to deal with the consequential arrangements proposed to be made to deal with the pending settlement applications. A new institution,… Read More ...
Reassessment Provisions Revisited & Depreciation on Goodwill
By Ajay Singh, Advocate, Mumbai: I. Reopening of Assessment : Section 147 to 151 “If you are losing at a game, change the game” Read More ...
Faceless Procedure Before – ITAT – Whether Valid – Vice or Virtue
By Ajay Wadhwa, Advocate, New Delhi: No professional practicing before the Assessing Officer or the Commissioner of Income tax (Appeal), (CIT(Appeal)) can ever forget instances of waiting outside the room of the concerned officer for hours together, with bags overflowing with books of account, vouchers and other documentary evidence and often being told to come back again the next day because… Read More ...
Rationalization of Provisions of Audit, Presumptive Taxation, Issue of Notice and Assessment, Safe Harbour Arising from Budget-2021
By CA. Kishor Phadke, Pune: In the historic Budget-2021, the Honourable Finance Minister has addressed number of issues which loom large from a very detailed narrative Memorandum of 79 pages. Here is an attempt to deal with some of the provisions assigned to me. Read More ...
Faceless ITAT – Whether Denial of Oral Hearing is in Violation of Principles of Natural Justice
By Dr. Ashok Saraf, Sr. Advocate, Guwahati: Natural justice demands that the person who is directly affected by an administrative action should be given prior notice of what is proposed so as to enable him to make a representation on his behalf, to appear at a hearing or enquiry if it is to be held and to meet effectively the points raised.… Read More ...
Liable to Tax – Is it a step forward?
By Ravi Mehta. The author is Managing Director & Head - Transaction Tax at RBSA Advisors LLP.: The amendment of introducing the definition of the term “liable to tax” is well intended. The proposed amendment has wide ramifications. An attempt has been made to highlight the existing issues and the resultant impact of the proposed amendment, therein. Analysis and reference of judicial precedents have been made appropriately. Analysis of the: Meaning of… Read More ...
Amendments in provisions related to Charitable trust and institutions in Finance Bill, 2021.
By CA. Chunauti H. Dholakia: In India, charitable and religious trusts play a vital role in enriching our cultural heritage and in catering educational, medical, socio-economical and religious needs of people. Hence, since the introduction of the Income Tax Act, income derived from property held for charitable or religious purposes always enjoyed exemption from tax net. However, to ensure that… Read More ...
A Few Hidden Time Bombs in that Made in India Tab containing the First Paperless Finance Bill 2021!!
By Mayank Mohanka, FCA, Sr, Partner in M/s S M Mohanka & Associates & Founder Director is M/s TaxAaram India Pvt Ltd: It is being said that, “Beauty lies in Details”, but so does the ‘Devil’. Some of the direct tax proposals & amendments as announced by our beloved FM in her Budget Speech have garnered the limelight of all news channels, like......... But at the same time, a few hidden time bombs have also been incorporated… Read More ...
Nani A. Palkhivala: God’s Gift to India – Savior of The Constitution of India – A Legend & A Role Model To The Tax Professionals
By Dr. K. Shivaram, Senior Advocate: January 16, 2021 marks a memorable day in Indian history, wherein we will be celebrating centenary of Padma Vibhushan Late Dr. N. A. Palkhivala who is widely acknowledged as ‘God’s Gift to India’. Many of us at the ITAT Bar Association (Mumbai), and the All India Federation of Tax Practitioners (AIFTP) were fortunate enough to… Read More ...
Indian Constitution – Relevancy of Judge Made Law
By Dr. M. V. K. Moorthy, Supreme Court Advocate: India is a largest democratic country in the world guided and directed by a written constitution that was adopted in the year 1950 on January 26th. Widely accepted phenomena is that constitution is very vital and inevitable for the well being and welfare oriented state in a democratic setup. Therefore one has to concede the… Read More ...