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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 2313 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 1740 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 7602 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 16251 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 4653 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 1869 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 1371 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 2424 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 143122 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 27918 Views 0 comment Print


Relevance of head of Income vis-à-vis concepts outside IT Act

December 12, 2015 1352 Views 0 comment Print

Everybody is aware that, the IT Act, taxes the income under various heads. There are specific provisions pertaining to each head. The provisions of each such head function under the scope defined in section 5 read with section 9. One will be aware that, there are various concepts which act as a slide on the IT Act. It means though there is no specific mention of the same in the IT Act but still those exist and are enforceable.

Referring case to TPO – now become tougher for Dept

November 24, 2015 5197 Views 0 comment Print

Those practicing on the international taxation may be aware of the fact that, in view of CBDT Inst no 3/2003[E] and decision of ITAT-SB [C], ALL the transactions above Rs. 15 crores are being referred to TPO for scrutiny and benchmarking.

Materiality – Uncertainty over Income Tax Treatments

November 11, 2015 2745 Views 0 comment Print

Background-: 1. Recently, in October 2015, the International Accounting Standards Board (IASB) who are developing International Financial Reporting Standards [IFRS] has issued two draft documents namely A. Application of Materiality to Financial Statements B. Uncertainty over Income Tax Treatments

Prosecution – made more simpler for revenue

October 31, 2015 2770 Views 0 comment Print

A perusal of this order reveals that the Tribunal has recorded a finding that it is empowered by Section 254 of the Act to stay prosecution. The said finding is the bone of contention between the parties. Pr. Commissioner of Income Tax Vs. Income Tax Appellate Tribunal, Delhi Bench (Punjab & Haryana HIgh Court at Chandigarh),

Aftermath of National Judicial Commission

October 28, 2015 594 Views 2 comments Print

In conclusion, it is difficult to hold, in view of the factual position expressed above, that the wisdom of appointment of Judges, can be shared with the political-executive. In India, the organic development of civil society, has not as yet sufficiently evolved.

Foreign Tax credit – making easy of doing Business ? Yes

October 12, 2015 1045 Views 0 comment Print

Background-: 1. Karnataka High Court has vide its order dated 25 March 2015 has pronounced a significant ruling on the issue of claiming foreign tax credit. 2. The assessee has paid tax in USA by way of source rule on an income which is exempt u/s 10A in India. 3. After referring to the Judgment […]

Problem of extension of due date for ROI / TAR, Can there be a long term solution?

October 2, 2015 814 Views 0 comment Print

Background-: 1. Those practicing on tax audti under income tax act would have experienced the thrill, suspense and irony of extension of due date. 2. It was perceived as apathy towards the burning problem of assessees at hands. Later Dr. Hasmukh Adhia has apologised through twitter. One may go through the apology and reactions of […]

Reservation…whether time has come to have a re-look at it?

September 6, 2015 1547 Views 7 comments Print

As I close this article today on September 6, 2015, the Indian Express is carrying an interview of Mr. Sitaram Yechuri with the heading If caste numbers are known, Janata Parties will gain. That’s why Census data is not coming out.

MAT u/s 115JB – no more a complete code?

August 26, 2015 10735 Views 0 comment Print

1. There were (are?) companies which used to report huge profits and distributing huge dividends and at the same time paying very small tax liability using the provisions of the Act. 2. To curb the above practices, MAT on book profit was introduced which was chargeable on reported profits with effect from 1-4-1988 with section 115J. MAT – Minimum Alternate Tax, as the words suggests, is the minimum contribution that an assessee should make by way of taxes.

Jama kharchi, structure of converting black money – demolished by ITAT

August 9, 2015 9654 Views 0 comment Print

Jama kharchi is all about converting black money to white. Jama kharchi companies ‘accommodate’ accounting entries that help both the companies and give 2-4% commission to the go-between.

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