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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


Failure to issue Notice U/s. 143(2) vitiate reassessment proceedings

August 12, 2018 2694 Views 0 comment Print

1. Whether the failure to issue a notice under Section 143(2) of the Act in course of reassessment proceedings would vitiate the reassessment proceedings altogether? 2. What is the effect in view of Section 292BB of the Act when a notice under Section 143(2) of the Act is not issued at all?

Interest U/s. 234B cannot be levied on payee for failure of payer to deduct TDS

August 10, 2018 1404 Views 0 comment Print

Reuters case: When a duty is cast on the payer to deduct tax at source, on failure of the payer to do so, no interest can be imposed on the payee under Section 234B of the Act

Provision for warranty expenses should be reliable: Apple India case

August 8, 2018 3558 Views 0 comment Print

ITAT opined that the assessee derived advantage by deferring its income to the extent of excess warranty provision to subsequent years. Therefore, such excess provision cannot be allowed as a deduction as it cannot be said to be reliable.

Order passed after due examination of issue cannot be called erroneous & prejudice to interest of Revenue

August 6, 2018 1005 Views 0 comment Print

When all requisite details were already on record with supporting evidences and same were duly examined by AO, the order of AO was not erroneous and prejudice to interest of Revenue.

Expenditure incurred on software eligible for depreciation @60%

August 6, 2018 10344 Views 0 comment Print

Expenditure incurred on the software is eligible for depreciation @60%, depreciation on the block of assets of website development cost eligible @ 60%: Re: appeal A.Y. 2006-07 of Make My Trip (India) Pvt. Ltd.

Slump Sale applicability: When consideration was not money but equity shares & debentures

July 27, 2018 7233 Views 0 comment Print

Bennett Coleman & Co. case: where the consideration was not money but equity shares and debentures, the transaction was not a Sale but an Exchange, the provisions of Section 50B were not applicable

Davis Cup Matches: Tax on Incidental & Commercial Activity Income

July 26, 2018 759 Views 0 comment Print

Income of the assessee from the incidental and commercial activity i.e. income from organizing of Davis Cup up to the limit prescribed as per the second proviso to section 2(15) of the Act, which for the assessment year under consideration is Rs. 25 lacs, will be treated as income from ‘charitable purposes’

Lease Rent for Car taken on finance lease allowed in income computation

July 19, 2018 6081 Views 0 comment Print

Recently in, Phillips India Ltd. vs. ACIT, ITAT Kolkata held that Deduction of lease rentals paid towards cars taken on finance lease allowed while computing income

Section 14A will not apply if no exempt income

July 17, 2018 2457 Views 0 comment Print

McDonald’s India case: Section 14A of the Income-tax Act, 1961 will not apply if no exempt income has been received or receivable during the previous year in question

Reopening based on change of opinion is not permissible under law

July 17, 2018 1368 Views 0 comment Print

Motorola Inc, USA appeal before Delhi ITAT: When no intangible material came to the notice of the AO to form the opinion that the income of the assessee company has escaped assessment and all the facts and figures have been brought on record by the assessee company during assessment proceedings and same had been explained: The reassessment proceedings were not sustainable, having been made after a period of 4 years from the relevant assessment years

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