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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


Computerised Machines not eligible for Depreciation @60%

October 22, 2016 17989 Views 1 comment Print

Appendix I in Income Tax Rules, 1962 in respect of rates at which depreciation is admissible provides depreciation on computers including computer software @ 60%. Recently, in Dinamalar vs. The ITO [T.C.A.No.624 of 2016, Decided on 02.09.2016], the assessee in respect of the claim of depreciation on computers and computer peripherals, claimed depreciation on the items, viz.

Client Creation Cost- Is it intangible asset entitled to depreciation @ 25%?

October 21, 2016 2953 Views 1 comment Print

Client acquisition cost paid by the appellant was towards acquiring an intangible asset and therefore eligible for depreciation under section 32(1)(ii) of the Act @ 25%.

Income Escaping Reassessment Void if Reasons not supplied

October 13, 2016 2827 Views 0 comment Print

Bombay High Court held that Supply of Reasons Recorded for Making Reassessment is Necessary Otherwise the Income Escaping Assessment shall be Void. The Assessing Officer(AO) is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the AO is bound to dispose of the same by passing a speaking order.

Nature of TDS Liability in Respect of Salaried Doctors, in- House & Visiting Consultants in a Nursing Home

September 24, 2016 4468 Views 0 comment Print

ITAT, Bangalore held that, in the instant case, since consultant doctors were paid fixed remuneration and the working conditions were under supervision and control of the hospital authorities, services were rendered by the doctors, in the nature of employee. Hence, payments were subject to TDS under section 192 of the Act.

Addition for mere appearing of TDS credit in form 26AS not justified

September 15, 2016 11215 Views 0 comment Print

AO is also equally responsible to find out whether the credit entry found on 01.07.2010 is genuine or not. The AO cannot take advantage of the ignorance or handicap of the assessee and say that there was undisclosed receipt by the assessee.

Estimation of Gross Profit by Rejecting Rate claimed by Assessee

August 25, 2016 7196 Views 0 comment Print

The fall in gross profit ratio could be for various reasons such as increase in the cost of raw material, decrease in the market price of finished product, increase in the cost of processing by the assessee etc.

Rent Income as main Business: Chargeable as Business Income?

August 22, 2016 9437 Views 0 comment Print

The business of the company was to lease its property and to earn rent and therefore, the income so earned should be treated as its business income. The High court was not correct while deciding that the income of the appellant should be treated as Income from House Property.

Non Completion / Registration of Property & Deduction U/s. 54/54F

August 18, 2016 4205 Views 0 comment Print

Claiming Of Deduction Under Section 54F Of The Income Tax Act, 1961 When Property Builder Could Not Complete The Flat While Assessee Fulfilled Condition Under Above-Mentioned Section.

Due Date of 30.09.2016: Enhancement From Practical Point of View

August 16, 2016 16340 Views 3 comments Print

These days, in the era of e-filing of Income Tax Returns, there remains heavy pressure on e-filing portal around 30 September. It is being seen in last two years, the date of 30th September for filing of returns has been enhanced due to practical problems faced by assessees.

S. 50C Difference upto 10% in Value given by Appellant & Dept Valuer-Ignore?

July 27, 2016 7141 Views 0 comment Print

Section 50C of the Income Tax act, 1961(herein referred to as the Act) has been inserted in the Act by the Finance Act, 2002, w.e.f. 1-4-2003. This section is causing hardships, in many cases, to the assessees since its inception. Many appeals are arising in respect of this section.

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