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Advocate Sameer Bhatia

Latest Articles


Indian Government retracts retrospective taxes imposed under Income Tax Act, 1961

Income Tax : Apropos, the move to retracts retrospective taxation by the Indian government by Taxation Laws (Amendment) Bill, 2021 is undoubted...

August 8, 2021 1572 Views 2 comments Print

Non-Consideration of material on record – A Ground for Reopening u/s 147?

Income Tax : 1. Perface The Finance Act, 2021 with effect from 01st April, 2021 completely overhauled, renovated and re-regulated the provision...

May 31, 2021 2679 Views 1 comment Print

Subsidy under Income Tax Act – ‘Whether a Privileged Tax’

Income Tax : The word `Subsidy’ is a word of pivotal importance and finds a mention in the American Heritage Dictionary of the English Langua...

June 30, 2020 106808 Views 4 comments Print

Jurisdictional Requirement for assumption of Power under section 148

Income Tax : 1. Introduction Section 148 of the Income Tax Act, 1961 is a complete code in respect of the powers conferred with the jurisdictio...

February 21, 2020 4677 Views 0 comment Print

Pre-Budget Tax proposals in response to Union Budget, 2019

Income Tax : Advocate Sameer Bhatia Introduction The Union Budget, 2019 catering to both direct and indirect tax avenues will be tabled before ...

June 25, 2019 2064 Views 0 comment Print


Latest Posts in Advocate Sameer Bhatia

Indian Government retracts retrospective taxes imposed under Income Tax Act, 1961

August 8, 2021 1572 Views 2 comments Print

Apropos, the move to retracts retrospective taxation by the Indian government by Taxation Laws (Amendment) Bill, 2021 is undoubtedly a welcome move that is likely to attract the interest of numerous foreign investors besides several business conglomerates world over. Retrospective taxation, an evil strongly deprecated and denounced even by the Indian Supreme Court in many […]

Non-Consideration of material on record – A Ground for Reopening u/s 147?

May 31, 2021 2679 Views 1 comment Print

1. Perface The Finance Act, 2021 with effect from 01st April, 2021 completely overhauled, renovated and re-regulated the provisions pertaining to section 147 of the Income Tax Act, 1961. Over a considerable period of time, the provisions of section 147 were subject matter of massive debates, dialogues and discussions with many a times, courts taking […]

Subsidy under Income Tax Act – ‘Whether a Privileged Tax’

June 30, 2020 106808 Views 4 comments Print

The word `Subsidy’ is a word of pivotal importance and finds a mention in the American Heritage Dictionary of the English Language which quantifies it as `Monetary-assistance granted by a government to a person or group in support of an enterprise regarded as being in the public interest.’

Jurisdictional Requirement for assumption of Power under section 148

February 21, 2020 4677 Views 0 comment Print

1. Introduction Section 148 of the Income Tax Act, 1961 is a complete code in respect of the powers conferred with the jurisdictional assessing officer to step into the assessment/reassessment proceedings. In addition, section 148 embodies and inherently carries with it the layers of riders attached primarily falling in nature of the time constraints, assumption […]

Pre-Budget Tax proposals in response to Union Budget, 2019

June 25, 2019 2064 Views 0 comment Print

Advocate Sameer Bhatia Introduction The Union Budget, 2019 catering to both direct and indirect tax avenues will be tabled before the Parliament by the Hon’ble Finance Minister Smt.Nirmala Sitharaman as on 05th July, 2019. Since, with the passage of time, the parent legislation under the direct taxes i.e. the Income Tax Act has acquired a […]

Right to appeal – Whether fettered in view of SC verdict

June 1, 2016 2827 Views 0 comment Print

The Income Tax Act, 1961can be designated as perhaps one of the most debated, mannered, contested, and deliberated legislative code on tax measures,whose many provisions saw the ray of light and shade ever since thrown open to the judicial scrutiny. Since the taxing straw is dealt with the warmth of ex-cathedra vigour by the authorities concerned blended with the soul of judicial character accompanied by ensuring a chilling effect on the interpretation of provisions at large from assessee’s point of view

Issuance of Notice u/s 282A – Qua Clause 109 of Finance Bill 2016

March 4, 2016 3037 Views 0 comment Print

Clause 109 of the Finance Bill, 2016 effective from 01st day of June, 2016 tabled in the Parliament by Hon’ble Finance Minister Sh. Arun Jaitely seeks to counter the licit deletion of the Explanation appended to section 66A of the Information Technology Act, 2008 thereby facilitating the issuance and communication of notices electronically and through digitized mode.

Revision of Belated Return – Qua Clause 65 of Finance Bill, 2016

March 2, 2016 31519 Views 1 comment Print

In reference of Clause 65 of Chapter III leading the cause of Direct Taxes with effect from the 1st day of April, 2017,there stands a consequential amendment and substitution of sub-section (4) of Section 139 dealing with the channel of filing belated return. A return not tabulated and indexed to the filed with the Income Tax department.

Vodafone International: `Victim of Choked Recovery’

February 22, 2016 3726 Views 2 comments Print

One among st the main issues surrounding the impasse is the payment of ejected liability carrying a whopping sum of Rs.14000 crore by Vodafone International Holdings B.V. under the parasol of Capital Gains Tax to the Indian tax administration. An issue squarely won by Vodafone in a proactive tax war with the authorities at the Hon’ble Supreme Court of India sometimes designated popularly as the `Tax Terrorism’.

Inadvertent Claims in ITR – Whether a Hard Nut To Crack

June 23, 2015 3915 Views 0 comment Print

Income Tax law provides an exhaustive, encyclopedic and compendious machinery to deal with the issues of what can be conceived and what can be believed with regard to the jurisprudence of taxing the subject as a whole. In this profitable and solvent venture of taxing the subject through the route of his due filings with the respective authorities and agencies designated and deputed by the government

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