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Vswaminathan

Latest Posts by Vswaminathan

TDS on RSU on VESTING and Capital Gan Tax on SALE of Vested RSU – A Supplement to ‘Critique’

March 30, 2023 2877 Views 0 comment Print

Understand TDS on RSU vesting and Capital Gains Tax on the sale of vested RSU. Explore the critique and supplement, delving into legal aspects, challenges, and implications for high-end salaried employees. Learn about the intricacies of RSU taxation and potential rectification steps for aggrieved individuals.

TDS on RSU on Vesting & Capital Gains Tax on Sale of Vested RSU – A CRITIQUE

March 15, 2023 27417 Views 2 comments Print

Presently RSU (Restricted stock unit also known as Sweat Equity) allotted by a foreign grand parent company, free of cost to employee of Indian subsidiary, is being taxed as ‘perquisite’; and for the purpose, the FMV of the ‘vested units’, as on the date of vesting, is considered as the taxable perquisite value.

Owner of Apartment – Concepts of – “Transmission” X “Transfer”

September 15, 2021 2835 Views 2 comments Print

It is commonly known (or expected to be known/beware) that in respect of the property rights in/to an Apartment, its ‘owner’ has to decide, even while alive, as to whom (one or more persons) he intends those rights should, on his demise, instantly pass on.

Due Date for tax return filing u/s 139 & for payment of SA- Tax u/s 140A- Taxpayer Pushed to the Wall !

August 5, 2021 2409 Views 0 comment Print

Stay informed about the due dates for tax return filing and payment of SA-Tax. Find out how taxpayers are being pushed to the wall with this new tax regulation.

ITAT order on Taxability of ESOP to Dubai Based Employee of HDFC Bank

February 8, 2021 3447 Views 5 comments Print

The assessee is an individual, who is an employee of HDFC Bank Limited, Mumbai, and currently on deputation to HDFC Bank Representative Office in Dubai. The status of the assessee is of the non-resident.

A Tale of Much Ado About Nothing – Levy of GST on Real Estate

July 27, 2020 1716 Views 1 comment Print

PREAMBLE That is the impressively fancy title of a comedy by William Shakespeare. The intended message, as claimed, is that deceit is not inherently evil, but something that can be used as a means to good or bad ends. There are many examples of deception and self-deception. Leaving it open to be deciphered by anyone who is […]

Law Vs Case Law> Role of A Professional (CA & Lawyer) (Part II)

July 20, 2020 1332 Views 0 comment Print

This is a supplement to the earlier published Article under the above Title (‘the earlier Article’). Law Vs Case Law Role of A Professional (CA And Lawyer)- Part I 1.The idea of acquiring and holding a ‘Unit’ in a building, with ‘ownership’ rights, – notwithstanding its peculiar characteristics, as distinct from an independent and exclusively […]

Law Vs Case Law Role of A Professional (CA And Lawyer)- Part I

July 14, 2020 2937 Views 0 comment Print

By and large,  clients engage CAs  for professional assistance, from the initial stage of preparing and filing tax return,  then during the assessment proceedings, and, thereafter, up to the second appeal stage of ITAT for representation.

Provisions of section 55 – ‘Stamp duty value’ X ‘cost of acquisition’ (Amendment – Rationalisation in Reverse Gear)

June 15, 2020 16329 Views 7 comments Print

There is no correlation – real or virtual- between the ‘stamp duty value’ and ‘cost of acquisition’; and, as such, the amendment as proposed is both in Form and Substance, wanting/ devoid of any merit!

Section 144C and its Offshoot Amendment of section 246A!

January 27, 2020 1443 Views 0 comment Print

i) While re-adjudicating on the directions of the ITAT, the DRP has exceeded the directions. ii) In framing the final assessment order, the Assessing Officer has put the assessee in a more worse position than it was before filing appeal.

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