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CA Deepak Aggarwal

Latest Articles


Services Tax Provisions under Budget 2016 in Q & A Format

Income Tax : Question - What is Krishi Kalyan Cess? Answer - An enabling provision is being made to levy Krishi Kalyan Cess on all taxable serv...

February 29, 2016 7795 Views 1 comment Print

Input Tax Credit in Model GST Law, 2016

Goods and Services Tax : ♠ Input Tax Credit means credit of input tax. ♠ Every taxable person is entitled to take credit of input tax. ♠ Input tax me...

December 15, 2015 5154 Views 0 comment Print

The Integrated Goods and Services Tax Act, 2016 (IGST)

Goods and Services Tax : This act may be called the Integrated Goods and Services Tax Act, 2016. It extends to whole India. IGST applicable on all supplies...

December 10, 2015 8660 Views 0 comment Print

Old provisions as per Negotiable Instrument Act, 1881 with amended provisions by Negotiable Instrument Amendment Act, 2015

Corporate Law : a cheque in the electronic form means a cheque drawn in electronic form by using any computer resource and signed in a secure sys...

December 10, 2015 3092 Views 0 comment Print

Quick Review of Model Goods and Services Tax Act, 2016

Goods and Services Tax : This act may be called the Central GST Act, 2016 (CGST) / State GST Act, 2016 (SGST). It extends to the whole India. In case of SG...

December 5, 2015 2837 Views 0 comment Print


Latest Judiciary


No capital gain on unaccrued contingent deferred consideration

Income Tax : Bombay High Court held that as per agreement, the deferred consideration is payable over a period of four years and the formula pr...

April 22, 2016 4222 Views 0 comment Print

S. 263 Revision for starting fishing & roving enquiries not valid

Income Tax : ITAT Mumbai held In the case of M/s. Rachana Finance & Investments Pvt. Ltd. & M/s. Repute Properties Pvt. Ltd. vs. CIT that in th...

April 22, 2016 1888 Views 0 comment Print

Sec.153A Addition without incriminating material w.r.t. completed assessments not valid

Income Tax : It is held that Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the...

April 22, 2016 1897 Views 0 comment Print

S.244A Interest payable on refund of excess self assessment tax

Income Tax : Calcutta High Court held In the case of ADIT vs. Sh. Dhan Singh Sharma that clause 244A (1) (b) is residual in nature which prescr...

April 20, 2016 12313 Views 0 comment Print

Sec.69/69A- Addition cannot be challenged on mere denial of transaction

Income Tax : ITAT Mumbai held in the case of Hassan Ali Khan vs. DCIT that the assessee claiming that he has no bank account or based on transf...

April 18, 2016 2659 Views 0 comment Print


Receipts as per maintenance agreement not in nature of rental income, assessable as income from other sources

February 2, 2016 1466 Views 0 comment Print

Delhi High Court held In the case of Abhishek Govil & Somya Salwan vs. CIT that the maintenance agreements expressly referred to the payments in question as “Maintenance and service charges”. A plain reading of the agreements also indicates that the said charges were payable as consideration for providing services mentioned therein.

Difference in opinion, whether gross total income eligible for deduction u/s 80HHC will be reduced by deduction already allowed u/s 80IA – SC

February 2, 2016 1501 Views 0 comment Print

Supreme Court held In the case of ACIT vs. M/s. Micro Labs Ltd. that – As per first thought of opinion, Section 80-IA (9) is quite unambiguous, which clearly provides that if an assessee claims any deduction under the provisions of Section 80-IA

Subsidy for wind power project being capital receipts neither taxable u/s 41(1) / 50 nor to be deducted in actual cost u/s 43

February 2, 2016 1656 Views 1 comment Print

ITAT Mumbai held In the case of M/s. UniDeritend Limited vs. ACIT that the subsidy being provided to the assessee to encourage the setting up of wind mill to promote generation of energy through non conventional sources, thus, is to be treated as capital receipt.

India- USA DTAA: Settlement amount against surrender of right to sue, not in nature of future income compensation is not assessable as income: AAR

January 31, 2016 942 Views 0 comment Print

Authority for Advance Rulings held In the case of Aberdeen Claims Administration Inc., USA and Aberdeen Asset Management Plc., UK that there is no doubt that the settlement amount is relatable to Satyam shares

Being original contract and amendments inextricably linked with business of exploration of minerals, assessable u/s 44BB – AAR

January 31, 2016 843 Views 0 comment Print

Authority for Advance Rulings held In the case of Aker Contracting FP ASA, Norway, USA that it is beyond doubt that the consideration received as per amended order is similar to consideration received as per original contract.

Settlement amount against surrender of right to sue, not chargeable to tax either as capital gain or income from other sources – AAR

January 31, 2016 10354 Views 1 comment Print

Authority for Advance Rulings held In the case of Lead Counsel of Qualified Settlement Fund (QSF), USA, that it is clear that even if right to sue is considered as capital asset covered under the definition of transfer within the meaning of section 2(47), its cost of acquisition cannot be determined.

Transfer of shares of Indian company to Singapore Company, by a Mauritius company having no PE, not taxable in India- AAR

January 31, 2016 2507 Views 0 comment Print

Authority for Advance Rulings held In the case of Dow AgroSciences Agricultural Products Ltd, Mauritius that the Article 13 of the Indo-Mauritius DTAA which deals with the taxation of capital gains is not applicable in the present case.

India- Singapore DTAA – Installation project less than 183 days not constitute PE, income not taxable in India– AAR

January 31, 2016 1075 Views 0 comment Print

Authority for Advance Rulings held In the case of Tiong Woon Project & Contracting (Pte) Ltd. that the department has correctly provided a positive response that because the project was continued in India only for 178 days in a fiscal year

India- Ireland DTAA: Transfer of exclusive rights of copyright in computer software, not mandatory to classify receipts as royalty: AAR

January 31, 2016 1297 Views 0 comment Print

Authority for Advance Rulings held In the case of SkillSoft Ireland limited that in the case of Synopsis International Old Ltd. 212 TAXMAN 454 (Kar), high court held that merely because the words non-exclusive and non-transferrable are used in the license agreement, it does not take away the software out of definition of copyright.

Penalty on Indian company as per US Court, not liable to TDS u/s 195 – AAR

January 31, 2016 403 Views 0 comment Print

Authority for Advance Rulings held In the case of Satyam Computer Services Ltd., that it is trite law that unless the payment made attracts the tax under the Income Tax Act, there would be no liability to deduct tax under Section 195 of the Income Tax Act.

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