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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


TP: Turnover criteria cannot be ignored while selecting comparables

February 26, 2016 1981 Views 0 comment Print

Bombay High Court held In the case of CIT vs. M/s. Pentair Water India Pvt. Ltd. that we find no infirmity in the findings of the Tribunal. In fact, the Tribunal has endorsed the views of the CIT Appeals whilst coming to such conclusions.

S. 12AA Deemed registration effective after 6 month from application

February 25, 2016 2404 Views 0 comment Print

Registration of the application under Section 12AA of the Income Tax Act in the case of the assessee shall take effect from 24.08.2003 i.e. post 6 months from the date of application for registration.

Mere change in head of income not attracts concealment penalty

February 25, 2016 3349 Views 0 comment Print

it was held that where complete disclosure of income had been made in the return of income and head of the income undergoes a change at the hands of the Assessing Officer would not by itself justify the imposition of penalty under Section 271(1) (c).

TP: Software developer cannot be compared with service provider

February 24, 2016 2767 Views 0 comment Print

ITAT Bangalore held in the case of GXS India Technology Center Pvt. Ltd. vs. ITO that a company which is engaged in development of software products and services cannot be compared to a company which is purely software development services provider.

Green signal to – Female member can be Karta of HUF – Delhi HC

February 24, 2016 4900 Views 0 comment Print

Delhi High Court held In the case of Mrs. Sujata Sharma vs. Shri Manu Gupta that post Hindu Succession (Amendment) Act, 2005 which amended the Hindu Succession Act, 1956, all rights which were available to a Hindu male are now also available to a Hindu female, there is no reason why Hindu women should be denied the position of a Karta.

TP: No deduction u/s 10A on enhanced value after ALP adjustment

February 24, 2016 2284 Views 0 comment Print

ITAT Delhi held in the case of Headstrong Services India Pvt. Ltd. vs. DCIT that both the submission of the assessee is unacceptable. Regarding first submission for not carrying out any transfer pricing adjustment in view of the benefit enjoyed by it u/s 10A is concerned, we find that no exception has carved out by the statute for non-determination of the ALP of an international transaction

Demand Stay extension valid, if no change in facts from last stay

February 22, 2016 1091 Views 0 comment Print

ITAT Mumbai held in the case of Goldman Sachs (India) Securities Private Limited vs. ACIT that application for further stay is in favour of assessee. The reasons are that firstly, there is no change in the facts and circumstances since the last stay was extended by the Tribunal, and secondly, the major demand which has been raised prima facie appears to be covered by the decision of the Tribunal

No disallowance of Penalty paid for procedural non-compliances

February 22, 2016 10807 Views 0 comment Print

As per the nature of business of the assessee, certain procedural non-compliance are not unusual, for which assessee is required to pay some fines or penalties. In our considered view, these routine fines or penalties are compensatory in nature; these are not punitive.

Expense allowed once business is setup despite non-commencement

February 22, 2016 1437 Views 0 comment Print

ITAT Mumbai held in the case of M/s. Multi Act Realty Enterprises Pvt. Ltd. vs. ITO that setting up of business’ and ‘commencement of business’ may be too different and independent events. For the purpose of deductibility of the business expenses, the reference point would be initial setting up of the business.

S. 54EC deduction allowed if cheques presented within 6 months

February 22, 2016 1801 Views 0 comment Print

In the present case, the assessee had filed an application with National Housing Bank on 23.12.2004 and submitted along with this application Cheque No.669766 dated 23.12.2004. This fact has not been disputed by the Ld. DR appearing on behalf of the revenue.

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