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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


Reopening by Reappraisal of Material Available on record During Original Assessment Proceedings is invalid

June 6, 2018 660 Views 0 comment Print

Re–Appreciation / Reappraisal Of The Material Available On Record During The Original Assessment Proceedings: Reopening Of Assessment By Forming Of Opinion That Income Has Escaped Assessment By AO, Not Allowable:

Ground & technical handling services rendered to other airlines in India- Taxation

June 3, 2018 1716 Views 0 comment Print

DCIT Vs. M/s. KLM Royal Dutch Airlines (ITAT Delhi) The technical handling services rendered by the assessee to the other airlines in India held to be part of the business of the assessee from the operation of aircraft in international traffic. In DCIT vs. KLM Royal Dutch Airlines [ITA No: 3819 /Del/2015, (A.Y. 2009-10) & […]

Search & Seizure: No Incriminating Evidence Found, No Addition Can Be Made

May 26, 2018 1623 Views 0 comment Print

Main arguments of the assessee that the addition and adjustment made to the total income are to be based only on incriminating material found during the course of search fails, then only the other issues in the appeal of the revenue as well as of the assessee will survive.

Addition to income on account of reversal of provision for royalty deleted in Skoda Auto case

May 25, 2018 1560 Views 0 comment Print

Advocate Akhilesh Kumar Sah DCIT Vs. M/s. Skoda Auto A.S. (ITAT Pune) In this case, one of the ground raised by Revenue was whether in the facts and circumstances of the case, the Dispute Resolution Panel was right in directing AO to delete proposed addition on account of reversal of provision for Royalty of Rs.1,39,18,474/-, […]

Depreciation on brand value allowed taking it as an intangible asset

May 20, 2018 4992 Views 0 comment Print

In DCIT, Ghaziabad vs. Kuantum Papers Ltd. (ITAT Delhi) decided on 1.09.2017, Revenue contended that CIT(A) has erred in law and on facts in allowing the depreciation on paper brands, which is a non-depreciable asset because its life is not limited.

Definition of total turnover given U/s. 80HHC / 80HHE cannot be adopted for Section 10A

May 4, 2018 2193 Views 0 comment Print

The definition of total turnover given under Sections 80HHC and 80HHE cannot be adopted for the purpose of Section 10A: HCL Technologies case

Reasonable foreign travel expenditure on grounds of commercial expediency allowable as deduction

May 1, 2018 3408 Views 0 comment Print

AO disallowed 20% of total foreign travel expenses during the year under consideration. CIT(A) recorded that for assessment year 2000-01 and 2001-02 the disallowance was restricted to 10% of the total expenses incurred for foreign travel, against which Revenue preferred appeal to Delhi ITAT.

Addition on estimated basis by rejecting books without any adverse material cannot stand

May 1, 2018 2064 Views 1 comment Print

ITAT Mumbai held in the case of Parle Products Pvt. Ltd. vs. ACIT that Making addition on estimate basis by rejecting the books of account in the absence of any adverse material brought on record cannot stand.

SC on Taxability of interest on share application money deposited in bank

April 28, 2018 4749 Views 0 comment Print

The present appeal has been preferred against the impugned final judgment and order dated 18.12.2012 passed by the High Court of Gujarat in Tax Appeal No. 235 of 2012 whereby the Division Bench of the High Court dismissed the appeal filed by the Revenue­the appellant herein against the judgment and order dated 21.10.2011 passed by the Income Tax Appellate Tribunal (in short The Tribunal) in ITA No. 1039/Ahd./2007 and ITA No. 240/Ahd./2008.

Section 40(a)(i) not applicable if No tax is deductible U/s. 195(1)

April 24, 2018 2787 Views 0 comment Print

If no tax is deductible under section 195(1), section 40(a)(i) of the IT Act will not come in the way of the appellant claiming such deduction from its income: Barclays Bank Plc case

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