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CA Dev Kumar Kothari

Latest Articles


Extent of due date for ITR Filing- Writ Petitions seems inevitable

Income Tax : ITR last dates - Writ Petitions (WP) seems inevitable for directions to extend last date for filing of non-audit Income Tax Return...

July 25, 2022 18888 Views 3 comments Print

Very Short Notice is not fair but used as a new tool to harass Assessee & Tax Professionals

Income Tax : Reasonable time for preparation of case by taxpayer must be kept in mind while issuing any notice. While fixing time interval betw...

October 20, 2018 6012 Views 3 comments Print

Constitutional Validity of Dividend distributed Tax

Income Tax : Dividend distributed Tax (DDT): Dividend paid by companies is a payment and expenditure. The tax on dividend payouts is not tax on...

September 6, 2018 7074 Views 0 comment Print

Provisions of S. 68 of Income-tax Act, must be read with Negotiable Instruments Act, 1881, particularly when liability is acknowledged on realization of cheque

Income Tax : When on receipt of money by way of cheque a liability is acknowledged by receiver as loan or deposit or share capital, it need to ...

February 7, 2018 4506 Views 0 comment Print

Responsible citizenship- protect environment

Corporate Law : Responsible citizenship- protect environment: Environmental concerns- avoid wastage- case study -street Lights –proper time of s...

July 23, 2016 22744 Views 1 comment Print


Latest News


2023 ITR Deadline: Extend Filing Date for Business Professionals

Income Tax : Learn about the 2023 Income Tax Return (ITR) deadline for business professionals and why an extension is needed for non-audit case...

July 22, 2023 12597 Views 1 comment Print

Vivad se Viswas Scheme- Suggestion for the benefit of revenue

Income Tax : Respected PM Sir and FM madam, I append below a write up for benefit of revenue by increasing scope  and  properly managing ‘D...

December 18, 2020 5061 Views 0 comment Print


Good news for HOME / FLAT BUYERS in Delhi Area

November 27, 2014 4948 Views 0 comment Print

CA Dev Kumar Kothari Today on 26.11.14 in news channels it has been  reported that more  construction will be allowed in Delhi area as floor area ratio has been considerably increased for various types of plots. This is very good news for home/ flat buyers because cost of proportionate share in land will reduce substantially. Builders […]

Human & Social Values – Cleanliness – Remember Child Stories & Poems

November 7, 2014 33987 Views 0 comment Print

Though this article is not for main subjects of this website, however, I believe that what we learned in our nursery and primary classes is very important for being a good human being and good member in the society. Hence I request the website to public this article so that many of us who have forgotten early learnigns in our life are recalled and given adequate importance.

Changes relating to TAX AUDIT REPORT

July 30, 2014 16997 Views 0 comment Print

The amended forms shall come into force on the date of their publication in the Official Gazette of the Notification which is dated 25.07.2014. So it may be applicable to Tax Audit Report for Assessment Year 2014-15 also if the report is tendered after such date.

CA,CMA,CS AND LL.B (practicing tax laws) can specialize in tax compliances & attestation

October 12, 2013 21661 Views 10 comments Print

As per my experience generally CA,CMA,CS AND LL.B (particularly advocates who are tax practioners) – all are basically experts and can do related jobs if required to do so. However, some specialization and reservations are order of the day in any society and system.

Tax payers & consultant must be more careful & serious while preferring claims

September 1, 2013 5154 Views 0 comment Print

In case SREI (supra.) judgment has been rendered by the DELHI HIGH COURT in a Writ Petition against an order of the settlement commission. The issue before the High Court was on S. 50B relating to Slump Sale.

Prizes-Capital receipts – Abhinav Bindra ITAT

August 6, 2013 4364 Views 0 comment Print

CA Dev Kumar Kothari Prizes or rewards are ‘capital receipt’ in hands of NON-PROFESSIONAL SPORTS PERSONS like Shri Abhinav Bindra. Why same theory should not be applied to professional sports person? A capital receipt cannot be deemed ‘income’.

GRATUITY- direct cheque issued to LICI, allowed by CIT(A), ITAT, HC and confirmed by SC as contribution to Gratuity Fund

July 22, 2013 13587 Views 0 comment Print

We find lot of complications and procedural delays in setting up and approval of gratuity funds. This can be simplified and any payment made for funding gratuity liability made to insurers like the Life Insurance Corporation of Indian can be allowed.

Result Orientation and Objectivity by Monetary Limits for Various Proceedings in Tax Matters

July 21, 2013 991 Views 0 comment Print

Acceptance of return is general approach of government: It can be said that acceptance of returns filed by assessee is general approach of the GOI. This is evident from the fact that majority of returns are accepted as per self assessment and they get finality once an intimation is prepared and accordingly tax is demanded or refund is issued.

Section 115J, 115JA & 115JB may ultra vires Constitution of India & Income-tax Act, 1961

July 14, 2013 26662 Views 0 comment Print

CA Dev Kumar Kothari Section 115J, 115JA and 115JB may be ultra vires the Constitution of India and the Income-tax Act,1961 – a study with reference to some very weakly prepared and contested cases about validity of provision for tax on book profit / minimum alternate tax (MAT) and some suggestions for tax payers and […]

Bonus Share- A Point of View – No capital gain tax if the cost is nil or not ascertainable

July 14, 2013 18016 Views 8 comments Print

Section 45 is charging section. Various sub-sections of this section provide for charging of any profit or gains and in some specified exceptions even ‘capital value’ is also deemed to be capital gain taxable under the head.

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