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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


Notice by Whatsapp or Email is valid if acknowledged by recipient

May 3, 2017 8274 Views 0 comment Print

Where an alternative mode (Whatsapp and Email) is used and service is shown to be effected of the notice, and is acknowledged , then surely it cannot be suggested that the Defendants had ‘no notice’

Title in Immovable Property cannot Pass unless executed on Proper Stamp Paper

April 13, 2017 3975 Views 0 comment Print

Title In The Immovable Property Cannot Pass When Its Value Is More Than Rs.100 Unless It Is Executed On A Proper Stamp Paper And Is Also Duly Registered With The Sub-Registrar

Non-appearance of supplier cannot be the sole basis to terms purchase as bogus

April 10, 2017 1428 Views 0 comment Print

Non-appearance of the supplier in absence of any other corroborate evidence cannot be sole basis to justify the stand of the Revenue that a transaction of purchase is bogus

Foolproof Password changing system & e-filing of Returns needed

April 2, 2017 4965 Views 2 comments Print

The continued emphasis on e-filing of ITRs & TDS Returns has given successful response to the electronic era in Income Tax system. As per Section 139D of the Income Tax Act, 1961, CBDT may make rules providing for:

Registration U/s. 12AA cannot be denied for mere non filing of Return

March 27, 2017 1812 Views 0 comment Print

Advocate Akhilesh Kumar Sah Just because the assessee has not filed income tax returns in earlier years, it can not be said that the activities of the assessee of the charitable trust / society were not genuine and grant of the registration under section 12AA cannot be denied

SRK gets deduction of Rs. 10 Crore of professional fees returned back

March 22, 2017 2526 Views 0 comment Print

ground raised by appellant was in respect of disallowing of an amount of Rs. 10,00,00,000/- being professional fees returned to Star India P. Ltd. The said amount had been incurred by the appellant for the purposes of his profession and on grounds of commercial expediency.

Launch ITR with e-filing utility for AY 2017-18 in First week of April

March 14, 2017 29874 Views 16 comments Print

Right from the beginning there have been emphasis on the changing and incorporating the suitable provisions in respect of Income Tax Return (ITRs) forms. Going are the days for the manual filling and filing of the ITRs. There is continuous emphasis on the e-filing of the ITRs.

S. 40(A)(3) Need to review proposed reduction in threshold limit from Rs. 20000 to 10000

March 1, 2017 27591 Views 4 comments Print

Looking to the hard realities, practical problems of traders in respect of payments for the purchases for business, there was need to increase threshold limit of Rs. 20000/- instead it is proposed to be Rs. 10000/- w.e.f. from 1.4.2017(effective date i.e. from the start of the FY 2017-18).

Aishwarya Rai gets relief from Penalty in TDS deduction default case

February 19, 2017 6918 Views 1 comment Print

In Aishwarya Rai Bachchan vs. ACIT, the assessee had not deducted tax at source, AO treated the assessee as an assessee in default under section 201(1) and passed an order demanding tax of Rs. 4,27,910 and interest under section 201(1A) of Rs. 34,233.

Freebies given to Doctors by A Pharmaceutical Company: Whether an allowable expenditure?

February 14, 2017 3891 Views 0 comment Print

Expenditure incurred by pharmaceutical companies in respect of physician sample etc. has remained controversial issue. The recent decision of Mumbai ITAT in DCIT vs. PHL Pharma P. Ltd, Mumbai has thrown new light on the issue.

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