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Adv. Priyanshi Desai

Latest Posts by Adv. Priyanshi Desai

Income Tax: Constitutional validity of sub-clause (xviii) to section 2(24) under challenge

December 12, 2023 2484 Views 0 comment Print

Explore the legal battle: Serum Institute of India vs Union of India (Bombay HC). Analysis of sub-clause (xviii) to section 2(24) and its constitutional validity.

NFAC, Not AO, to Issue Section 148A(d) Orders & Section 148 Notices: Telangana HC

September 17, 2023 14439 Views 3 comments Print

Telangana HC rules in Kankanala Ravindra Reddy vs ITO: Section 148A(d) orders and Section 148 notices must be issued by NFAC, not AO. Explore the court’s analysis of legal provisions and implications for faceless assessments under the Income-tax Act, 1961.

Section 142(1) and 148 cannot operate concurrently: ITAT Dehradun

August 14, 2023 2598 Views 0 comment Print

Discover pivotal case of Uttrakhand Poorv Sainik Kalyan Nigam Ltd. vs ITO, where ITAT Dehradun established that Section 142(1) and 148 cannot operate simultaneously, leading to quashing of reassessment proceedings.

Loan Availed in Earlier Years: No Annual Commercial Expediency Proof Needed

July 20, 2023 663 Views 0 comment Print

The issue under consideration is that whether the assessee is required to demonstrate commercial expediency during each year concerning a loan which was availed during previous year relevant to A.Y. 2005-06.

Expressio unius est exclusio alterius

April 25, 2023 51285 Views 1 comment Print

n this Article, a detailed discussion will be on a legal maxim namely Expressio unius est exclusio alterius, which is used as one of the rules for interpretation of statutes.

Mere digitally signing of Section 148 notice cannot be regarded as issuance of notice

July 9, 2022 8052 Views 0 comment Print

Understand the significance of digitally signing a notice under section 148 of the Income-tax Act. Learn why it cannot be considered as the issuance of notice according to the Allahabad High Court.

Treat Section 148 notice as deemed to be issued under Section 148A: SC on notices issued between 01.04.2021 to 30.06.2021

May 5, 2022 18291 Views 1 comment Print

The issue of validity of notices issued between April 01, 2021 and June 30, 2021 has been a subject matter of major litigation in the past year. Large number of writ petitions were filed across the country, challenging the constitutional validity of the notices issued under section 148 of the Act.

Meaning of expression ‘substantial part of business’ for Section 2(22)(e)

January 11, 2022 3951 Views 0 comment Print

The meaning of the expression ‘substantial part of business’ for the purpose of Section 2(22)(e) Introduction Section 2(22)(e) of the Income Tax Act, 1961 will not be attracted if the company making the payment by way of loans or advances, have made such payment in the ordinary course of its business and lending of money […]

Inter-Corporate Deposit cannot be treated as loan for Section 2(22)(e)

January 11, 2022 52089 Views 0 comment Print

The Inter-Corporate Deposit does not fall within the ambit of the expression ‘loan’ specified in Section 2(22)(e) of the Income Tax Act, 1961 for the purpose of treating it as deemed dividend.

Rate of depreciation on computer accessories and peripherals

November 10, 2021 163962 Views 3 comments Print

Introduction The rate of depreciation on computers and computer software is 40%. That means while calculating taxable business income, assessee can claim deduction of depreciation@ 40% on computers and computer software. In order to claim depreciation @40%, the equipment should fall within the expression “computer”. If the equipment in question do not fall within the […]

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