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CA Yogesh S. Limaye

Latest Articles


How to read tax judgements

Income Tax : Learn how to read tax judgements like a pro. Get tips and advice for navigating complex legal documents and understanding their co...

June 18, 2022 2706 Views 0 comment Print

Why we need a Direct Tax Code – Part – II 

Income Tax : Understanding the need for a Direct Tax Code - Part II. Explore the conceptual framework of this crucial legislation....

June 2, 2022 1968 Views 0 comment Print

Why we need Direct Tax Code – Part I

Income Tax : Explore the need for a Direct Tax Code in India. Discover the reasons behind the call for a complete replacement of the Income Tax...

June 2, 2022 8196 Views 2 comments Print

Secondment of employee…un-settling the law

Income Tax : Author, in this article, analyses a supreme Court decision in the case of Northern Operating system dated 19-May-2022 which has un...

May 27, 2022 17052 Views 0 comment Print

Freebies by Pharma Companies – shutter down?

Income Tax : It is a routine practice that Pharmaceutical and health sector companies provide freebies such as hospitality, conference fees, go...

February 28, 2022 4752 Views 0 comment Print


Latest Judiciary


Tax planning opportunity by SC?

Income Tax : The decision relates to deductibility of excise duty u/s 43B of the Income Tax Act, 1961. Section 43-B requires cumulative existen...

December 15, 2017 1962 Views 0 comment Print

May be Right Thing done in Wrong Manner

Income Tax : Background It is a matter relating to validity of re-opening of assessment on a technical ground in the case of Mayurbhai Mangalda...

December 4, 2017 1395 Views 0 comment Print

ITAT – taking virtual reality a bit too seriously ?

Income Tax : A reader should be able to come to his / her own conclusion by applying the legislative enactments and judicial pronouncements to ...

June 21, 2017 2517 Views 1 comment Print

Relief – Fees u/s 234E for late filing of TDS return

Income Tax : The power to charge fees under the provisions of section 234E of the Act while processing the TDS statements, was dwelled upon by ...

October 2, 2016 144817 Views 13 comments Print

Interest free loan to AE – Crime?

Income Tax : The critical question before special bench: Whether, on the facts and in the circumstances of the case, no arm’s length rate of ...

July 26, 2016 28071 Views 0 comment Print


May be Right Thing done in Wrong Manner

December 4, 2017 1395 Views 0 comment Print

Background It is a matter relating to validity of re-opening of assessment on a technical ground in the case of Mayurbhai Mangaldas Patel v ITO. The learned Ahemdabad ITAT Bench has noted all the facts and circumstances of the case and the law as applicable in very clear manner. It has kept some issues open […]

ITAT – taking virtual reality a bit too seriously ?

June 21, 2017 2517 Views 1 comment Print

A reader should be able to come to his / her own conclusion by applying the legislative enactments and judicial pronouncements to the facts of the case. While re-producing any portion of legislative enactment or judicial pronouncement, it is para phrased and emphasis is supplied by way of underline.

Formula One…Whats the Game?

May 3, 2017 3276 Views 1 comment Print

You would be aware that, recently Supreme Court upheld the decision of Delhi High Court in the case of Fomrula One that it does have Permanent Establishment [PE] in India.

ICDS Permanent Solution to nullify SC Decisions ?

March 28, 2017 3081 Views 0 comment Print

A reader should be able to come to his / her own conclusion by applying the legislative enactments and judicial pronouncements to the facts of the case. While re-producing any portion of legislative enactment or judicial pronouncement, it is para phrased and emphasis is supplied by way of underline.

Sec 269ST– Cash receipt– danger ahead

February 12, 2017 199497 Views 27 comments Print

Section 269ST as being proposed in the budget 2017, makes acceptance of Rs. 3,00,000/- in cash as an offence. There are no caveats like it is applicable only for business receipt etc.

Relief by Bombay HC for Joint Development Agreement (JDA)

January 30, 2017 6372 Views 2 comments Print

In this very case, the date on which the developer obtained a commencement certificate is not within the accounting year ending 31st March, 1996. At the same time, if one reads the contract as a whole, it is clear that a dichotomy is contemplated between limited Power of Attorney authorising the developer to deal with the property vide para 8 and an irrevocable licence to enter upon the property after the developer obtains the requisite approvals of various authorities.

Ordinance Raj? Not Any More

January 6, 2017 3085 Views 1 comment Print

Apex Judiciary has given a new year gift by pronouncing 2 important judgments, both by constitution bench of 7 members dated January 2, 2017. 1. Re-promulgation of ordinances is invalid and is fraud on constitution 2. A candidate can-not ask for votes in the name of religion, language, caste etc.

Relief – Fees u/s 234E for late filing of TDS return

October 2, 2016 144817 Views 13 comments Print

The power to charge fees under the provisions of section 234E of the Act while processing the TDS statements, was dwelled upon by the Legislature by way of insertion of clause (c) to section 200A(1) of the Act by the Finance Act, 2015 w.e.f. 01.06.2015. Accordingly, we hold that where the Assessing Officer has processed the TDS statements filed by the deductor, which admittedly, were filed belatedly but before insertion of clause (c) to section 200A(1) of the Act w.e.f. 01.06.2015, then in such cases, the Assessing Officer is not empowered to charge fees under section 234E of the Act while processing the TDS returns filed by the deductor.

What is a Fact!!!

July 30, 2016 27423 Views 0 comment Print

In general, for a CA, the nature of work is Ascertainment of facts and Apply principles Principles = provisions of various laws, auditing standards, accounting standards, rules regulations etc. (principles).

Interest free loan to AE – Crime?

July 26, 2016 28071 Views 0 comment Print

The critical question before special bench: Whether, on the facts and in the circumstances of the case, no arm’s length rate of interest was required to be charged on the loan granted by the non-resident assessee-company to its wholly owned subsidiary Indian company M/s. Datex-Ohmeda (India) Pvt. Ltd. (Datex)?

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