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Akhilesh Kumar Sah

Latest Articles


Avoid Heavy Penalty: Ensure Timely Filing of Tax Return

Income Tax : Where a person required to furnish a return of income under Section 139, fails to do so within the time prescribed in sub-section ...

August 29, 2020 15744 Views 4 comments Print

Difference between terms Business & Profession for income tax purposes

Income Tax : The Section 2(13) of the Income Tax Act, 1961, contains an inclusive definition of the term business. There are differences betwe...

June 30, 2020 110978 Views 13 comments Print

Whether writing of bad debts in accounts sufficient to claim deduction U/s. 36(1)(Vii)?

Income Tax : The Delhi High Court, has held in CIT vs. Samara India(P) Ltd. (2013) 216 Taxman 93 , following the decision of Supreme Court in T...

June 28, 2020 59621 Views 1 comment Print

Question of Deductibility of an Expenditure U/s. 57(iii) of Income Tax Act, 1961

Income Tax : The provisions of the Income-tax Act relating to allowances disclose that the expenditure or outgoing sought to be deducted should...

June 10, 2020 132410 Views 7 comments Print

Distinction between Capital & Revenue Receipt

Income Tax : In CIT vs. Bharti Hexacom Ltd. [2014] 221 TAXMAN 323, the Delhi High Court has observed (at page 341), that if the money paid rela...

June 10, 2020 61311 Views 3 comments Print


Latest Judiciary


A New Light on Reassessment Under Income Tax Act, 1961

Income Tax : In our view this is not a fair or proper procedure. If not in the first notice, at least at the time of furnishing the reasons the...

April 16, 2020 2130 Views 0 comment Print

L&T Case: Classic example of change of opinion

Income Tax : The assessee had challenged reopening of assessment on two grounds. The CIT(A) had accepted the arguments of the assessee, in ligh...

September 9, 2019 4539 Views 0 comment Print

Allowance of depreciation on the basis of consistency: BSE Ltd. case

Income Tax : We noted that in the very first year i.e. AY 2011-12, the depreciation has already allowed the claim of depreciation. We noted tha...

September 3, 2019 876 Views 0 comment Print

Liability for provisions can be measured only by using a substantial degree of estimation

Income Tax : The estimate of warranty made by the assessee on the basis of past history cannot be treated as a provision for any ascertained li...

July 1, 2019 3285 Views 0 comment Print

Initiation of penalty not valid if AO fails to record satisfaction for the same

Income Tax : Where no satisfaction had been recorded by the AO for initiation of penalty in the assessment order the same cannot invite the ass...

June 13, 2019 5241 Views 0 comment Print


Additional grounds with evidences admitted by Tribunal for the sake of justice

September 12, 2017 3120 Views 0 comment Print

The learned AR argued the assessee was entitled to raise additional ground of appeal before the Tribunal, even though the claim had not been made either before Income-tax Officer/AO or the First Appellate Authority. It was further argued that the additional ground of appeal raised by assessee was purely legal in nature.

USA is not a person or authority under the Indian Income Tax Act

August 18, 2017 1437 Views 0 comment Print

USA is not a person or authority under the Indian Income Tax Act, subsidy or grant received from it does not attract Explanation 10 to section 43(1), extraction of coal from mines and processing thereof tantamounts to production

Extend Due Dates for Composite scheme & GST Return filing

August 17, 2017 25788 Views 16 comments Print

There are many assessees who are still in the process of migration & many files have not been yet converted at the GST portal as final due to some technical and procedural problems. Also, there are problems in respect of claim of ITC in filing of GST Returns.

Request to extend due date of filing ITRs from 31st July, 2017 to 30th Sep, 2017

July 30, 2017 108123 Views 36 comments Print

Due to the implementation of the GST law from 01.07.2017 and the necessity of linking of PAN with Aadhaar Number from 01.07.2017 while filing ITR, has caused severe problems to tax-payers.

CIT not entitled to withdraw Sec. 12A registration for non charitable activities

July 28, 2017 2205 Views 0 comment Print

Commissioner has invoked its powers under Section 12(AA)(3) of the Act. The said powers are circumscribed by the limitations imposed under Sub Section 3 of Section 12AA of the Act. The Commissioner, nowhere has given the finding that the activities of the Respondent­ institution are not genuine one or that the said activity carried out are not in consonance with the object of the institution.

Notice under section 143(2) has to be served within stipulated time

July 27, 2017 6765 Views 1 comment Print

According to section 143(2) of the Income Tax Act, 1961(for short the Act), where a return has been furnished under section 139 of the Act, or in response to a notice under section 142(1) of the Act, the Assessing Officer(AO) or the prescribed income-tax authority, as the case may be, if, considers it necessary or expedient to ensure that the assessee has not understated the income

Section 50C cannot be applied if valuation difference is less than 10%

July 27, 2017 8250 Views 0 comment Print

A welcome decision of Mumbai ITAT in respect of the charging of capital gain on the difference between the valuation adopted by the Stamp Valuation Authority and declared by the assessee

Government Subsidy: Whether Of Revenue Or Capital In Nature?

July 19, 2017 10647 Views 0 comment Print

Whether the ITAT was correct in law in holding that the amount received by the assessee by way of exemption of sales tax payments was not a trading receipt but was a capital receipt, hence not liable to tax?

Maintenance of accounts and records under CGST Rules, 2017

July 9, 2017 12612 Views 4 comments Print

According to rule 56 of the Central Goods and Services Tax (Second Amendment) Rules, 2017, as per Notification No. 10/2017- Central Tax, dated 28.06.2017, the following accounts and records have to be maintained by a registered person:

Whether tax U/s. 221 of the IT Act takes within its ambit interest component?

July 9, 2017 2307 Views 0 comment Print

Section 221 of the Income Tax Act, 1961, prescribes penalty according to its provisions when an assessee is in default or is deemed to be in default in making a payment of tax.

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