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Ca Keshav Jha

Latest Posts by Ca Keshav Jha

Final Order U/S 144C not appealable if Assessee not filed objection against  draft assessment order

May 20, 2024 8553 Views 0 comment Print

Learn about the case of Skybridge Solutions Private Limited vs. DCIT (ITAT Hyderabad) regarding the final assessment order passed under Section 144C without objection against the draft assessment order. Understand the implications and key takeaways from the judgment.

Time Limit to Pass Section 154 Rectification Order – Judicial Precedents

February 27, 2022 10995 Views 0 comment Print

Sub-section (8) of section 154 specifies that rectification application under this section need to be disposed off in a time bound manner (i.e. six months from the end of the month in which application is received).

Transfer Pricing: Additions deleted in absence of comparable

December 20, 2021 1323 Views 0 comment Print

The Hon’ble ITAT deleted the transfer pricing adjustment on account of interest on receivables due to failure of revenue authorities to find out even a single comparable in assessee’s segment charging interest in uncontrolled market conditions.

Transfer Pricing: No penalty for mere difference in level of capacity utilization

December 20, 2021 1206 Views 0 comment Print

It has held that difference in the level of capacity utilization is an accepted principle, though denied in the relevant AY to the respondent. The same cannot, however, tantamount to filing without good faith and due diligence.

A change of opinion cannot be the basis of reopening the completed assessment

October 5, 2021 2565 Views 0 comment Print

JRS Pharma and Gujarat Microwax Private Limited Vs DCIT (Gujarat High Court) Question of law: whether the revenue is justified in reopening the assessment for the year under consideration? Writ application filed before the Hon’ble HC of Gujrat challenging notice u/s 148 of the Income Tax Act, 1961 for reopening the assessment for AY 2013-14. […]

Mutual Agreement procedure – OECD Recommendation on Stage 2 Peer Review Reports regarding time limit

July 28, 2021 822 Views 0 comment Print

The Double Taxation Avoidance Agreement (DTAA), inter alia, provide rules and mechanisms for allocation of taxing rights amongst the treaty partners; avoidance of economic and juridical double taxation; and resolution of taxation not in accordance with the treaty through the Mutual Agreement Procedure (‘MAP’).  MAP is an inbuilt and alternate tax dispute resolution mechanism available to the taxpayers under the DTAAs. It is […]

Procedure for filing objections before DRP

May 28, 2021 61047 Views 0 comment Print

The Finance Act, 2009 introduced with effect from 01.10.2009 an alternate dispute resolution mechanism to facilitate expeditious resolution of disputes in tax related matters for foreign companies and for transfer pricing matters.

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