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Important Direct Tax Proposals in the Finance Bill,2013 explained in a lucid manner in the first ever video format.

To download the video, pls. visit

http://subashagarwal.blogspot.in/search/label/DIRECT%20TAX%20PROPOSALS%20IN%20FINANCE%20BILL

 ;D ;D ;D


Its hilarious, pls visit:

www.subashagarwal.blogspot.in/2013/02/blog-post_8670.html

A video prepared from PPT after much research on 'Important issues in Income-tax assessments". A must- see for the income tax professionals. Pl visit:  www.subashagarwal.blogspot.in

SOME RECENT REPORTED  DIRECT TAXES JUDGEMENTS

PLs. visit:
www.subashagarwal.blogspot.in

 Absence of fresh notice of hearing in a penalty case on changed incumbent of office- Does it vitiate the penalty order?
The position of law dealt comprehensively with special reference to the Apex Court judgement in SMT. AZIZUNNISA BEGAM'S CASE in my article on the issue is avaialble at

http://www.subashagarwal.blogspot.in/search/label/SUPREME%20COURT%20IN%20SMT.%20AZIZUNNISA%20BEGAM%E2%80%99S%20CASE%20-%20WHETHER%20%20SLAMS%20THE%20DOOR%20ON%20NATURAL%20JUSTICE%3F

       Any order passed by the CIT(A) granting relief to the appellant by admitting additional evidence but without giving a specific opportunity of being heard to the A O. to rebut the same is in contravention of rule 46A(3). Such orders are liable to be set aside and the matters are normally restored back 'to the file of the AO. for fresh examination.
For the analysis of the entire issue with reference to Rule 46A, please refer my article available at -
http://subashagarwal.blogspot.in/search/label/ADMISSION%20OF%20ADDITIONAL%20EVIDENCE%20BY%20THE%20CIT%28A%29-%20BACK%20TO%20SQUARE%20ONE%20AT%20TRIBUNAL%20STAGE

Hon'ble ITAT , Kolkata Bench in the case of Surendra Commercial & Exim (P) Ltd., ITA No.916/Kol/2011, order pronounced  on 15 February, 2013, has followed  Merilyn Shipping , Spl. Bench Verdict post- interim suspension by the Hon'ble A.P High Court.

For full text visit:
http://www.subashagarwal.blogspot.in/2013/02/kolkata-tribunal-also-lifts-embargo-on.html

   :) After interim suspension of the Special bench verdict in Merilyn Shipping by the Hon'ble A.P High Court, CBDT had sent a written communication to all the CIT(A)s in the country enclosing a copy of the Andhra Pradesh High Court's order of 'interim suspension' informing them that the 'perverse' order of Special Bench has been stayed on the issue. After that CIT(A)s were refusing to follow Merilyn Shipping. After the article written by me was hosted in ITAT Online, a Ld. CIT(A) at Kolkata has been pleased to follow the judgment of the Hon'ble Calcutta High Court in Pijush Kanti Chaudhury vs. State of West Bengal referred to by me in the Article, holding that the 'stay' of an order does not destroy its binding impact.

•   For the Full text of the order of the Ld. CIT(A), Please visit-
www.subashagarwal.blogspot.in

In my view Interim suspension order passed by the Hon'ble A.P High in the case of Merilyn Shipping (spl. bench order of Visakhapatnam bench) does not affect the binding value of the special bench order. The same  continues to hold the field and may still be relied upon by the CIT(A)s and ITAT to give relief to the assessees on the paid /payable issue in respect of sec 40(a)(ia). To know why, pls visit-
www.subashagarwal.blogspot.in