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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 7792 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 5148 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 3086 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 2822 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 4198 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 1879 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 1888 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 12292 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 2635 Views 0 comment Print


Proof of demand of illegal gratification must for conviction, mere recovery of notes not sufficient- SC

October 12, 2015 3458 Views 0 comment Print

Supreme Court held In the case of P. Satyanarayana Murthy V. The Dist. Inspector of Police and ANR that the proof of demand of illegal gratification is the gravamen of the offence under Sections 7 and 13(1) (d)(i)&(ii) of the Act and in absence thereof, unmistakably the charge there for, would fail.

No TDS liability arise on mere passing of book entry which gets reversed subsequently

October 12, 2015 7033 Views 0 comment Print

Delhi High Court held In the case of DIT Vs. M/s Ericsson Communications Ltd. that mere passing of the book entries, which are reversed, would not give rise to an obligation to deduct TDS by the Assessee, as clearly, there is no debt that can be said to be acknowledged by the Assessee.

Reassement based on point considered during original assessment not permissible

October 12, 2015 847 Views 0 comment Print

High Court held In the case of M/s Swarovski India Pvt. Ltd. V. DCIT that in this case, queries and issues have been specifically raised and answered by the assessee in the original assessment proceedings. Thus, even though AO did not make any addition in the assessment order

Valuation of property covered under Ceiling Act for Wealth Tax cannot be higher than maximum compensation

October 12, 2015 1291 Views 0 comment Print

Supreme Court held In the case of SRI S.N. Wadiyar (Dead) through LR V. Commissioner of Wealth Tax that a property which is going to be taken over by the Government at a compensation of Rs. 2 Lakhs and is awaiting notification under Section 10 of the Act for this purpose

Adjustment of refund with demand u/s 245 cannot be done without application of mind

October 12, 2015 2498 Views 0 comment Print

Uttarakhand High Court held In the case of CIT (TDS) & others vs. State Bank of India & others that every authority of discretionary power would be obliged to act, in the first place, being guided by relevant considerations and ignoring irrelevant considerations.

Valuation as per deeming provision u/s 50C not applicable on mere transfer of rights in land

October 9, 2015 2222 Views 0 comment Print

ITAT Jaipur held In the case of ITO vs. Tara Chand Jain that the right in land cannot be equated with the land or building. Therefore, it is concluded that section 50C is applicable to transfer of capital asset only in respect of land or building or both and is not applicable to right in land. In the present case

Expenses having no nexus with earning of income u/s 57 not allowed

October 9, 2015 959 Views 0 comment Print

ITAT Chennai held In the case of M/s. M.R.M. Plantations P. Ltd. vs. DCIT that u/s 57 only expenditure incurred in connection with earning of income was allowable as deduction. The assessee admitted that the entire income is by way of interest from the bank deposits.

Reassessment u/s 147 is void if reasons for reopening not provided despite specific request of assessee

October 9, 2015 1640 Views 0 comment Print

ITAT Jaipur held In case of ACIT vs. Shri M.R. Seetharam that it is mandatory that Assessing Officer should furnish the copy of the reasons recorded for initiation of re-assessment proceedings under Section 147 exactly as it is recorded by the Assessing Officer.

Deduction u/s 54F available on residential house irrespective of size of house used as residence or by whom it is being resided

October 9, 2015 3486 Views 0 comment Print

ITAT Jaipur held In the case of Seema Singh Beniwal vs. DCIT that there is no restriction that what percentage of the size of flat should be used for residential purposes under the Income Tax Act. It is clarified by the CBDT that purchase of plot of land is a part of residential house for claiming of deduction U/s 54F.

Change in method of ALP in transfer pricing adjustment not permitted on same set of facts

October 8, 2015 4206 Views 0 comment Print

ITAT Pune held In the case of M/s. Vishay Components India Pvt. Ltd. vs. ACIT that where the revenue from year to year has accepted the method adopted by the assessee for benchmarking its international transactions with its associate enterprises, in the absence of any reasons brought

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