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CA Vispi T. Patel

Latest Articles


Union Budget 2022-23 – Direct Tax Proposals

Income Tax : The Finance Minister has introduced the Union Budget 2022 (‘Budget’) in the Parliament aiming to boost economic growth and rev...

February 5, 2022 16386 Views 0 comment Print

Section 14A disallowance- South Indian Bank Ltd Vs. CIT (Supreme Court)

Income Tax : The issue before the Hon’ble Supreme Court (SC) was whether section 14A of the Income-tax Act, 1961 (the Act) enables the Depart...

September 21, 2021 7488 Views 1 comment Print

CBDT Extends Time Limits for Tax/TP Audit/ITR Filing – AY 2021-22

Income Tax : The Finance Ministry vide Circular no. 17/2021 dated 09 September, 2021 announced extensions to the deadline for the filing of the...

September 14, 2021 48438 Views 1 comment Print

Union Budget 2021-22 – Analysis of Direct Tax Proposal

Income Tax : The Finance Minister has introduced the Union Budget 2021 (‘Budget’) in the Parliament amidst the panic and upheaval caused to...

February 6, 2021 28200 Views 3 comments Print

Income Tax Due date chart post Recent due date extensions

Income Tax : With the COVID-19 pandemic playing havoc and resulting in many practical challenges, the Indian Government has come out with vario...

October 30, 2020 92292 Views 5 comments Print


Latest Judiciary


SC Ruling: Effect of dismissal of SLP filed before Supreme Court

Income Tax : In the case of Khoday Distilleries Ltd. The SC has explained the judicial effect of the dismissal of a Special Leave Petition, fil...

April 23, 2019 10215 Views 1 comment Print

TPO cannot suo-motu assume jurisdiction to determine ALP price of SDT not referred to him

Income Tax : Hon’ble Bombay High Court (HC) held that the transfer pricing officer (TPO) cannot suo-motu assume jurisdiction to determine the...

March 28, 2019 1350 Views 0 comment Print

Determination of PE for Services Provided by Seconded Employees in India

Income Tax : Samsung Electronics Co. Ltd. Vs. DCIT (Int. Taxation)- ITAT Delhi Analysis of the Samsung Case on the Determination of a Permanent...

September 27, 2018 3879 Views 0 comment Print

AAR on Determination of PE and other connected issues in Master Card Case

Income Tax : AAR has held that digital and other connected equipments can, depending on the business model, determine the formation of a perman...

June 6, 2018 3513 Views 0 comment Print

Lease equalisation charges allowable expense; ICAI Guidance Note carries great weight: SC

Income Tax : Supreme Court Ruling – The Guidance Note issued by Institute of Chartered Accountants of India on lease rental income which help...

May 2, 2018 26031 Views 0 comment Print


Latest Notifications


CBDT issues important directives on Safe Harbour Rules

Income Tax : The CBDT has issued Notification No. 25 of 2020 dated 20 May 2020, wherein it has notified the year of applicability of the ‘...

May 20, 2020 11055 Views 1 comment Print

CBDT Extends CbCR deadline for constituent entities having parent entity in USA

Income Tax : The Circular has extended the due date to 30 April 2019, for furnishing Country-by-Country Reports (CbCRs), in respect of reportin...

April 8, 2019 1812 Views 0 comment Print


Key Amendments to Form no. 3CD effective from 20 August 2018

July 25, 2018 43548 Views 0 comment Print

CBDT vide Notification No. 33/2018 amends Form no. 3CD in respect of tax audit under section 44AB. The new reporting requirements, especially with reference to secondary adjustment, limitation on interest deduction, GAAR, Country-by-country Report, etc. are onerous and obligatory on the taxpayers and chartered accountants. Introduction: The Central Board of Direct Taxes (CBDT) vide Notification […]

Analysis of Supreme Court Judgments on Permanent Establishment

July 17, 2018 29037 Views 0 comment Print

The general principle of taxation is that a person, who is resident of a country, would normally be taxable on his/its global income. However, as a rule of exception to this general principle, a person may also be taxed in the country of source i.e., the place where the business of a person is carried on, though he may be a resident of another country.

CBDT issues Final Notification on POEM – Section 115JH of Act

June 30, 2018 12936 Views 0 comment Print

The CBDT has issued the Final Notification No. 29/2018 dated 22 June 2018 (applicable from AY 2017-18) for exception, modification and adaptation in respect of a foreign company said to be resident in India due to its place of effective management (POEM) being in India, under Section 115JH of the Income-tax Act, 1961 (the Act). […]

Analysis of Draft Notification on foreign company resident in India U/s. 115JH

June 29, 2018 1902 Views 0 comment Print

Draft Notification of exception, modification and adaptation in respect of foreign company said to be resident in India under section 115JH of the Act The Central Board of Direct Taxes (CBDT) on June 15, 2017 issued a Draft Notification (notification) vide F No. 370142/19/2017-TPL for exception, modification and adaptation in respect of foreign company said […]

AAR on Determination of PE and other connected issues in Master Card Case

June 6, 2018 3513 Views 0 comment Print

AAR has held that digital and other connected equipments can, depending on the business model, determine the formation of a permanent establishment of a non-resident enterprise in India. There are also other related issues which will have ramifications on the methodology of conducting business in India.

Lease equalisation charges allowable expense; ICAI Guidance Note carries great weight: SC

May 2, 2018 26031 Views 0 comment Print

Supreme Court Ruling – The Guidance Note issued by Institute of Chartered Accountants of India on lease rental income which helps to compute lease equalisation charges, held to be allowable as a deduction. There is no express bar in the Income-tax Act, 1961 regarding the application of such accounting standards.

Union Budget 2018-19 Tax Proposals

February 8, 2018 948 Views 0 comment Print

In the first budget since the end of demonetization and GST went online, the Finance Minister has again provided a thrust to the rural and agrarian economy, with the hope that it may stimulate growth. Please find enclosed herewith the Tax Bulletin analyzing the direct and indirect tax proposals as stated in the Budget.

Omission of SDT by Finance Act 2017, renders it non-existent from inception: ITAT Bangalore

December 22, 2017 4722 Views 0 comment Print

Whether the omission of reference of section 40A(2)(b) from section 92BA by virtue of the amendment of Finance Act, 2017 w.e.f. 01.04.2017 shall be deemed not to be on the statute since its introduction w.e.f. 01.04.2012?

Tribunal cannot stay demand beyond maximum period of 365 days

July 5, 2012 1123 Views 0 comment Print

The Tribunal is not authorized to extend stay of demand beyond maximum period of 365 days. The decision of Tribunal to extend stay of demand beyond 365 days amounted to contravention of provisions of the law.( Ecom Gill Coffee Trading Private Limited and B. Fouress Private Limited v. CIT (ITA. No. 160&161/2012)]

20% TDS deduction is contrary to S.139A & discriminatory

June 21, 2012 1691 Views 0 comment Print

Section 206AA of the Income Tax Act, which provides for furnishing a permanent account number, is contrary to Section 139A and discriminatory and therefore, read down from the statute for those persons, whose income is less than the taxable limit [A. Kowsalya & Others v. Union of India & Others (W.P 12780-12782/2010)]

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