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Clash of titans, sec 192 Vs sec 206AA

January 22, 2016 6994 Views 2 comments Print

Rashtriya Ispat Nigam Ltd. v. Addl CIT (TDS), ITAT Visakhapatnam) Even if there is no PAN, if the deductor has deducted TDS as per provisions of sec 192, Section 206AA does not over-ride section 192 in terms of the requirement of “at the rates specified in the relevant provisions of the Act.

Relevance of head of Income vis-à-vis concepts outside IT Act

December 12, 2015 1352 Views 0 comment Print

Everybody is aware that, the IT Act, taxes the income under various heads. There are specific provisions pertaining to each head. The provisions of each such head function under the scope defined in section 5 read with section 9. One will be aware that, there are various concepts which act as a slide on the IT Act. It means though there is no specific mention of the same in the IT Act but still those exist and are enforceable.

Referring case to TPO – now become tougher for Dept

November 24, 2015 5197 Views 0 comment Print

Those practicing on the international taxation may be aware of the fact that, in view of CBDT Inst no 3/2003[E] and decision of ITAT-SB [C], ALL the transactions above Rs. 15 crores are being referred to TPO for scrutiny and benchmarking.

Materiality – Uncertainty over Income Tax Treatments

November 11, 2015 2745 Views 0 comment Print

Background-: 1. Recently, in October 2015, the International Accounting Standards Board (IASB) who are developing International Financial Reporting Standards [IFRS] has issued two draft documents namely A. Application of Materiality to Financial Statements B. Uncertainty over Income Tax Treatments

Prosecution – made more simpler for revenue

October 31, 2015 2770 Views 0 comment Print

A perusal of this order reveals that the Tribunal has recorded a finding that it is empowered by Section 254 of the Act to stay prosecution. The said finding is the bone of contention between the parties. Pr. Commissioner of Income Tax Vs. Income Tax Appellate Tribunal, Delhi Bench (Punjab & Haryana HIgh Court at Chandigarh),

Aftermath of National Judicial Commission

October 28, 2015 594 Views 2 comments Print

In conclusion, it is difficult to hold, in view of the factual position expressed above, that the wisdom of appointment of Judges, can be shared with the political-executive. In India, the organic development of civil society, has not as yet sufficiently evolved.

Foreign Tax credit – making easy of doing Business ? Yes

October 12, 2015 1045 Views 0 comment Print

Background-: 1. Karnataka High Court has vide its order dated 25 March 2015 has pronounced a significant ruling on the issue of claiming foreign tax credit. 2. The assessee has paid tax in USA by way of source rule on an income which is exempt u/s 10A in India. 3. After referring to the Judgment […]

Problem of extension of due date for ROI / TAR, Can there be a long term solution?

October 2, 2015 814 Views 0 comment Print

Background-: 1. Those practicing on tax audti under income tax act would have experienced the thrill, suspense and irony of extension of due date. 2. It was perceived as apathy towards the burning problem of assessees at hands. Later Dr. Hasmukh Adhia has apologised through twitter. One may go through the apology and reactions of […]

Reservation…whether time has come to have a re-look at it?

September 6, 2015 1547 Views 7 comments Print

As I close this article today on September 6, 2015, the Indian Express is carrying an interview of Mr. Sitaram Yechuri with the heading If caste numbers are known, Janata Parties will gain. That’s why Census data is not coming out.

MAT u/s 115JB – no more a complete code?

August 26, 2015 10735 Views 0 comment Print

1. There were (are?) companies which used to report huge profits and distributing huge dividends and at the same time paying very small tax liability using the provisions of the Act. 2. To curb the above practices, MAT on book profit was introduced which was chargeable on reported profits with effect from 1-4-1988 with section 115J. MAT – Minimum Alternate Tax, as the words suggests, is the minimum contribution that an assessee should make by way of taxes.

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