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Messages - ashutosh majumdar

#136
Discussion / Re: Section 14A
December 08, 2007, 06:46:18 PM
Hi,

I don't see why not. The powers of the CIT (A) are co-terminus with the powers of the AO and he enjoys the powers of enhancement- i.e. he can do everything that the AO could have done but omitted to do.

Seems pretty clear to me.

Regards,

Ashutosh.
#137
Discussion / Re: Is Max India right?
November 21, 2007, 10:19:28 AM
Hi Kapil,

Thanks for clearing that up. Makes more sense now.

Ashutosh.
#138
Discussion / Is Max India right?
November 20, 2007, 09:15:59 PM
In Max India, the Hon'ble SC has held that for considering the validity of an order passed u/s 263, the position prevailing "on the date of the order of the CIT has to be considered". Now how can this be? My point is that if the Q is whether the order of th AO is erroneous or prejudicial to the interests of the revenue, the position prevailing "on the date of the order of the AO" has to be seen. If the AO did the correct thing as per the law prevailing when he signed the order can a subsequent position prevaling at the time the CIT considers the matter make the former order bad-in-law. Obviously not. The rest of the order of the SC fits in with this logic so I don't know if their reference to "on the date of the order of the CIT" can be regarded as being obiter dicta.

Ashutosh.
#139
Discussion / Re: Inspired by LPO
June 24, 2007, 01:34:34 PM
If I had a business plan, would I be sitting here?? Make your own!!  :-* to you too. Ashutosh.
#140
Discussion / Inspired by LPO
June 16, 2007, 01:34:14 AM
I think LPO (Legal Processing Office) may be the future of our profession. This article says it all: http://www.itatonline.org/news.php#mysore

Imagine being in Mysore (!) and doing work for clients in New York, Los Angeles and London and earning in Euros and Dollars!!!! ;D Simply fantastic, no? Wonder how long before the big six (four?) pile on the bandwagon. Ashutosh.
#141
Discussion / Is NTT dead?
May 31, 2007, 09:48:47 AM
In Madras Bar Association's case*, the SC has held that there is a doubt whether wholesale transfer of powers can take place in favour of a tribunal. The matter has been referred to the Constitution Bench. The matter may take several years to be heard. Does this mean that the NTT is for all practical purposes dead? I am very happy about this.  ;D Ashutosh.


*http://www.itatonline.org/pdf/gandhi_madras_bar_asson_company_law_tribunal.pdf