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CA Manish Agarwal

Latest Articles


Understanding TDS with Judicial Judgements

Income Tax : The Tax deducted at source (TDS) is covered under chapter XVII of the Income Tax Act, 1961. There are number of sections & subsect...

October 10, 2020 63971 Views 9 comments Print

Understanding DTAA with Case Laws

Income Tax : There are two kinds of DTAA. Comprehensive Agreements & Limited Agreements. Comprehensive Agreements scope is to addressing all s...

October 9, 2020 109891 Views 6 comments Print

Provision for Expenses – Allowable expenditure

Income Tax : We have to make provision for various expenses based on the estimates at the year end as we are following the accrual system of ac...

October 7, 2020 143403 Views 1 comment Print

TDS on Expense Provision for which no invoice been received

Income Tax : One of the most disputed arguments between assessee and income tax department is that whether payments made towards specified expe...

April 1, 2020 348487 Views 57 comments Print

Procedure for issuance of Lower / Nil TDS Certificate

Income Tax : Every finance professional are making estimated accounts of the company and based on that you can also prepare the estimated compu...

March 30, 2020 38339 Views 0 comment Print


Understanding TDS Provisions with Latest Case Laws – Part – II

October 19, 2011 10129 Views 0 comment Print

Trade Discount : In the case of S.D. Pharmacy Pvt. Ltd. ITA Nos. 948/Coch/2008, A.Y. 2005-06, dt. 5-5- 2009. It was held that trade discount are not in the nature of commission and hence no TDS is required to be deducted u/s 194H of the act. This was again confirmed in the case of Add CIT v Pearl Bottling (P) Limited.

Understanding Deemed Dividend with Latest Case Laws

September 25, 2011 65385 Views 3 comments Print

It is very important to have the knowledge of provisions of deemed dividend under section 2(22)(e) of the Income tax act, 1961 before making any transaction with the closely held companies.

Understanding Transfer Pricing With Latest Case Laws

May 20, 2011 3654 Views 0 comment Print

Data of the rate charged to unrelated parties should be available. 01. Transfer Pricing provisions are not attracted in the case of transfer of the shares of the company when due to DTAA provisions, capital gain on such shares are not taxable. 02. TNM method requires comparison of net profit margins realized by an enterprise from an international transaction and not comparison of operating margins of enterprises as a whole.

Year End TDS Compliance- Points to Keep in Mind

March 8, 2011 8347 Views 0 comment Print

You kind attention is invited to the amendment made vide Notification No. 41/2010 dated 31 May 2010 and the notable features of the amended TDS Rules which are applicable to the month of March and to the Quartered ended 31st March 2011 are as under: (a) Time limit for deposit of TDS for the entire month of March will be 30th April instead of two separate time limits viz. 7th April for TDS up to 30th March and 31st May for TDS as of 31st March.

MCA Notified Ind-AS – Key Issues and Differences with IASB IFRS

March 2, 2011 6443 Views 0 comment Print

The Ministry of Corporate Affair (MCA) has notified 35 Indian IFRS standards (known as “Ind-AS’), without announcing the applicability date. In its press release, the MCA has stated that Ind-AS will be applied in a phased manner, to ensure smooth transition for all stakeholders. The notification of Ind-AS is a significant step toward the implementation of converged standards in India. Companies may particularly note that the MCA will intimate the implementation date later; however, it does not state if the implementation is deferred. Also, the question regarding whether a company can apply Ind-AS early, if it desires to do so, and the manner of quarterly reporting still remains open.

Income Tax – Major Highlights of Union Budget – 2011-12

March 2, 2011 5701 Views 0 comment Print

The following are the major Highlights of the Union Budget 2011-12 presented by the Hon’ble Finance Minister Mr. Pranab Mukherjee in the Parliament on Monday (i.e. Feb. 28th 2011). Direct Tax Code (DTC) is proposed to be introduced from April 1st 2012. As a consequence, no DTC provisions have been incorporated in the Budget proposals. The proposals/initiatives that require urgent attention and made in the Finance Bill- 2011 are as follows:

Budget 2011-12- Quick Highlights

February 28, 2011 2814 Views 0 comment Print

Section 282 in respect of Document Identification number has been omitted. Section 194LA had been introduced which deals with TDS of FIIs investment in Infrastructure debt fund @ 5%. In section 115-0, the benefit of DDT exemption to SEZ developer & SEZ units has been omitted. Now they have to pay DDT on their declared dividends.

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