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CA Deepak Aggarwal

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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 8017 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 5286 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 9050 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 3422 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 2999 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 4789 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 2104 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 2059 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 12775 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 2872 Views 0 comment Print


Immediate suspension of custodian license is justified where serious lapses found in safety of goods

October 1, 2015 2305 Views 0 comment Print

Madras High Court held In the case of M/s. Chandra CFS and Terminal Operators Pvt. Ltd. vs. Commissioner of Customs that as per Regulation 11(2) the Commissioner of Customs may in appropriate cases where immediate action is necessary, suspend the approval granted to a Customs Cargo Service

No addition u/s 68 on account of money received on allotment of shares, once identity of Investor Company established

October 1, 2015 1342 Views 0 comment Print

ITAT Chandigarh held In the case of M/s Lotus Integrated Taxpark Ltd. vs. The DCIT that the assessee on the basis of the documentary evidence on record has been able to prove that Non Resident Company i.e. M/s Glacis Investment Limited was an existing company

Mere non production of parties cannot be a ground of disallowance of purchases -ITAT

October 1, 2015 999 Views 0 comment Print

ITAT Delhi Has held In the case of Piyush Developers Pvt. Ltd. & Others vs. ACIT, that despite search and seizure no adverse material was found to substantiate the disallowance made by the A.O. The purchases which are disallowed relate to cement and steel which are essential for the purpose

Sec. 36(1)(iii)- Commercial expediency is to be proven for allowance of expenditure incurred- ITAT

October 1, 2015 4760 Views 0 comment Print

ITAT Delhi has held In the case of M/s Chemical Sales and Services vs. ITO that the only condition for claiming deduction under section 36(1 )(iii) is commercial expediency of the expenditure incurred and once the said condition is fulfilled

Delivery of notice u/s 148 at correct address of assessee is foundation for initiation of reassessment proceedings – ITAT

October 1, 2015 2332 Views 0 comment Print

ITAT Delhi held In the case of ITO vs. Hepta Developers Pvt. Limited that notice u/s 148 is foundation of the reassessment proceeding. The notice was sent on wrong address while the correct address was available in the return filed by the assessee.

Law of limitation binds not only assessee but also Revenue – ITAT

October 1, 2015 741 Views 0 comment Print

DCIT vs. M/s Presidency Exports & Industries Ltd. (ITAT Kolkata) We do agree that in a matter of condonation of delay when there is no negligence or deliberate inaction or lack of bonafide approach, the liberal approach has to be adopted to advance substantial justice. In the fact

Valuation of stock should be as per regular method followed, not on estimation basis – ITAT

October 1, 2015 3707 Views 0 comment Print

ITAT held In the case of Das Plaza vs. ITO that the closing stock has to be taken at the end of the year not in the middle of the year. If any addition has to be made that to be made only difference in the value as at the end of the year.

Proceedings u/s 158BD raised after gap of 3 years, even after completion of block assessment, not maintainable – ITAT

October 1, 2015 1131 Views 0 comment Print

ITAT held In the case of ACIT vs. Raj Kumar Jalan that in view of the proposition laid down by the Honble Delhi high Court in the case of CIT Vs. Bharat Bhusan Jain and others in ITA No.648/09 and 669/2009 etc order dated 08.01.2015

Disallowance of expenses on adhoc basis without finding any personal use by chairman of trust, not sustainable

September 28, 2015 4070 Views 0 comment Print

ITAT Chandigarh held In the case of DCIT vs. M/s Indo Soviet Friendship that the Assessing Officer has not brought any material on record as to how he has given his finding that the cars have been purchased for the benefit of the Chairman.

Addition in case of own mischief of assessee will not amount to double taxation – HC

September 23, 2015 1852 Views 0 comment Print

Bombay High court held In the case of R.B. Shreeram Durgaprasad (P) Ltd. vs. The CIT that concept of double taxation is not attracted in the present matter. The Export firm has to pay tax as it has actually utilized that amount as its income while the assessee has to pay tax as it attempted to conceal that income.

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