S .K. Tyagi

Taxability of Interest subsidy or Interest Free loan received by an employee from his employer

Income Tax - Now-a -days most of the employers, especially the companies have been providing loans to their employees for the purpose of purchase / construction of a houses or purchase of vehicles. Such loans are either interest-free or at concessional rate of interest. These loans are being advanced in order to make the salary package more attractive...

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Salary – Tax Treatment of Gratuities

Income Tax - The word ‘Gratuity’, has not been defined in the Income-Tax Act, 1961(the Act). In the absence of any definition of ‘Gratuity’ in the Act, its meaning as provided in the dictionaries has to be referred to. The word ‘Gratuity’ has been variously defined in the Advanced Law Lexicon by P.R. Aiyar. The aforesaid definition is to b...

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Reimbursement of Re-location expenses: A Perquisite

Income Tax - Recently, I was approached by a multi-national company for an opinion regarding tax-treatment of the expenses reimbursed by the company on the re-location of an employee from his present location to the place of employment with the company. Of late, a number of multi-national companies and other big Indian companies have, by way of incent...

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Taxability of Income governed by Principle of Mutuality

Income Tax - There are a number of entities, the income / surplus of which is governed by the principle of mutuality and therefore, such income / surplus is not liable to income-tax. In other words, any surplus in the case of mutual concerns is exempt from income-tax and therefore, it would not form part of the gross total income of such mutual concer...

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Tax-treatment in respect of receipt on transfer / sale of Transferable Development Rights (TDRs)

Income Tax - Of late, the concept of Transferable Development Rights (TDRs) has been very much in vogue, in regard to the developers and builders engaged in the business of estate development, as also the Central, State Governments or other semi-Government agencies, which are required to provide civic amenities like roads, playgrounds, parks, etc....

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Recent Posts in "S .K. Tyagi"

Taxability of Interest subsidy or Interest Free loan received by an employee from his employer

Now-a -days most of the employers, especially the companies have been providing loans to their employees for the purpose of purchase / construction of a houses or purchase of vehicles. Such loans are either interest-free or at concessional rate of interest. These loans are being advanced in order to make the salary package more attractive...

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Posted Under: Income Tax |

Salary – Tax Treatment of Gratuities

The word ‘Gratuity’, has not been defined in the Income-Tax Act, 1961(the Act). In the absence of any definition of ‘Gratuity’ in the Act, its meaning as provided in the dictionaries has to be referred to. The word ‘Gratuity’ has been variously defined in the Advanced Law Lexicon by P.R. Aiyar. The aforesaid definition is to b...

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Posted Under: Income Tax |

Reimbursement of Re-location expenses: A Perquisite

Recently, I was approached by a multi-national company for an opinion regarding tax-treatment of the expenses reimbursed by the company on the re-location of an employee from his present location to the place of employment with the company. Of late, a number of multi-national companies and other big Indian companies have, by way of incent...

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Posted Under: Income Tax | ,

Taxability of Income governed by Principle of Mutuality

There are a number of entities, the income / surplus of which is governed by the principle of mutuality and therefore, such income / surplus is not liable to income-tax. In other words, any surplus in the case of mutual concerns is exempt from income-tax and therefore, it would not form part of the gross total income of such mutual concer...

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Posted Under: Income Tax |

Tax-treatment in respect of receipt on transfer / sale of Transferable Development Rights (TDRs)

Of late, the concept of Transferable Development Rights (TDRs) has been very much in vogue, in regard to the developers and builders engaged in the business of estate development, as also the Central, State Governments or other semi-Government agencies, which are required to provide civic amenities like roads, playgrounds, parks, etc....

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Posted Under: Income Tax |

Taxation of Joint Venture Business

Presently we have been witnessing a very different trend in relation to the real-estate development. Earlier, a builder would go for outright purchase of a piece of land from the land-lord and develop the same at his own cost and risk. The scenario in this regard is undergoing a change. The land-lord also desires to have a share in the pr...

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Posted Under: Income Tax |

Sale of a capital asset converted into stock-in-trade: Tax-treatment

In business there are occasions when a capital asset is converted into stock-in-trade and stock-in-trade is converted into capital asset. There may also be occasions when an asset ceases to be a stock-in-trade. In this context, section 45(2) of the Income-Tax Act, 1961 (the Act) is relevant. For the sake of ready reference, section 45(2) ...

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Posted Under: Income Tax |

How to avail Maximum benefit under Section 80IB(10)

Recently, I was approached by a Builder Group seeking a number of clarifications, in respect of the incentive granted U/S 80-IB(10) of the Income-Tax Act to Undertakings engaged in the development and construction of Housing Project(s). Apparently, the provisions of S.80-IB(10) look quite simple, but when one goes into the various conditi...

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Posted Under: Income Tax |

Deductibility of TDS on reimbursement of expenses

In this context, it may be stated that the income-tax authorities have been insisting that in view of Answer to Question No.30, as provided in Circular No.715, dated 8.8.1995, issued by the CBDT [215 ITR (St) 12], tax is to be deducted at source out of the gross amount of the bill, including the reimbursements. For the sake of ready refer...

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Posted Under: Income Tax |

No capital gains tax liability on firm U/s. 45(4) on retirement of its partner

As is well-known in income-tax circles, there continues to be a lot of controversy about the interpretation of the provisions of section 45(4) of the Income-Tax Act, 1961 (the Act). Under section 45(4) of the Act, capital gains tax is sought to be charged on a firm in case of transfer of a capital asset and distribution of capital assets,...

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Posted Under: Income Tax |

Revision of orders by Commissioner of Income-tax | Section 264

An assessee aggrieved by an order passed by the Assessing Officer(AO) may file an appeal against the same, to the DyCIT (A) or the CIT(A). As an alternative remedy the assessee may prefer an application to the CIT for revising the orders passed by the AO. A remedy U/s 264 is contemplated by the Legislature only to meet a situation faced b...

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Posted Under: Income Tax |

Non-resident liable to deduct TDS from payments to Indian residents?

Whether a Non-resident is liable to deduct TDS from payments made to persons resident in India? Of late the Government of India has been making use of the provisions of Tax Deduction at Source (TDS) for augmenting tax revenues. Vide Finance Act 1995 the scope of TDS has been vastly enlarged. There are certain provisions […]...

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Posted Under: Income Tax |

No TDS on interest for delayed payment of purchase price of goods

Of late, in a number of cases, an issue has arisen whether tax is deductible at source, in respect of interest payable for delay in payment of purchase price of goods. There are occasions in the case of a manufacturing or trading concern where the concern is required to pay interest for delay in payment of the price of goods purchased. At...

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Posted Under: Income Tax |

Treatment of fresh claim of assessee before completion of assessment

Whether an assessing officer is required to entertain and consider a fresh claim or a modification in a claim made at any time before the completion of assessment u/s 143(3) of the income-tax act....

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Posted Under: Income Tax |

Deduction In Respect of Leave Encashment on Resignation

The controversy as to whether the payment received by an employee by way of leave encashment at the time of his resignation from service, is entitled to exemption U/S 10 (10AA) of the Income-Tax Act 1961 ( the Act), still continues, though the Hon’ble High Courts of Bombay and Madras have held that the benefit of S.10(10AA) of the Act i...

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Posted Under: Income Tax |

Tax-treatment of share of a company in income of an AOP

An Opinion was sought by a company relating to the tax-treatment of its share of income in an association of persons (AOP). Presently, a trend is visible in the Indian business circles, where certain entities including companies undertake big infrastructure jobs, etc. through the medium of a joint venture (JV) with other entities. In othe...

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Posted Under: Income Tax |

Salary Package For Employees – Tax-Planning Measures

As is well-known, income-tax is deducted at source in respect of income from ‘Salaries’. As the income of salaried tax-payers is fixed, they are more susceptible to inflationary pressures. Therefore, there have been progressive attempts in the past, to grant relief to salaried tax-payers. In order to subserve the aforesaid objective, ...

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Posted Under: Income Tax |

Foreign Technicians in India : Liability to tax

Of late, the issue regarding the taxability of the remuneration and living allowance, etc. payable to a foreign technician on deputation in India under a Technical Collaboration or Assistance Agreement, has become quite controversial. At the root of this controversy, are the provisions of S. 9(1)(ii) of the Income-Tax Act, 1961 (the Act)....

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Posted Under: Income Tax |

Validity of reopening of assessments

There has been prevailing in the Income-Tax Department a very erroneous impression that under the provisions of the amended section 147 of the Income-Tax Act, 1961 (the Act), with effect from 1st April, 1989, the Assessing Officer (AO) has got unbridled powers to assess or reassess income which has escaped assessment. This is so, particul...

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Posted Under: Income Tax |

S. 10A / 10B Restriction on transfer of technical manpower under Circular Nos.14 and 12 of 2014

The Central Board of Direct Taxes (CBDT) had issued a Circular No.12 of 2014, dt.18.7.2014, by way of clarification regarding allowability of deduction under section 10A / 10AA, on transfer of technical man-power in the case of software industry [366 ITR (St) 1 : 106 DTR (St) 28]. Vide paragraph (4) of the aforesaid Circular No.12 / 2014,...

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Posted Under: Income Tax |

Export Incentive: Can Assessee Opt-in and Opt-out at will?

The provisions of Section 10A and Section 10B of the IT Act, 1961, provide incentive deduction in respect of profits and gains derived by an undertaking from the export of articles or things or computer software for a period of ten consecutive assessment years, beginning with the assessment year relevant to the previous year in which the ...

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Posted Under: Income Tax |

How to lead a happy and purposeful life – Practical Vedanta

1. Who Am I To realize, who am I and why I am here. I am not a body but I am a silent and peaceful Atman residing within the body....

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Posted Under: Income Tax |

True Wisdom for a Happy, Peaceful and Purposeful Life

1. The law of karma is inexorable. Therefore, be aware of the fact that the energy emanating from us in the form of thought, speech and deed should always be positive. 2. Never think or speak negatively about yourself, that puts you in disagreement with God. 3. Meditate on your God given strength and learn to encourage yourself, for much ...

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Posted Under: Income Tax |

Prayer for Peace of Mind, Mental Health & Inner Strength

There is a Power, which governs the affair of this Universe. We may call it by any name viz. Supreme Intelligence, Supreme Soul, Supreme Power, Supreme Consciousness or God. As rightly told by all the saints of diverse faiths, every human being has, within himself a spark of the Divine. To put it differently, every human being has got wit...

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Posted Under: Income Tax |

Denial of exemption U/s. 11 to the total income of a trust, in view of violation of section 13(1)(c) / 13(1)(d), is not legally tenable

Section 11 of the Income-Tax Act, 1961 (the Act) excludes from the income of charitable or religious trusts, income to the extent it is applied towards the objects of such trusts, during the previous year in India. It may be stated here that there are several conditions laid down under section 11 of the Act, for the purpose of claiming ex...

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Posted Under: Income Tax |

Charitable/ Religious Trust: Depreciation allowable as deduction in income computation

In this regard it may be stated that in the case of a charitable / religious trusts, even capital expenditure is considered as application of income towards the objects of the trust. Therefore, it is the view of the Assessing Officers that if depreciation is allowed on the assets of such a trust, then the same will lead to double deductio...

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Posted Under: Income Tax |

AO cannot straight away apply rule 8D, without considering claim of assessee U/s 14A(2)

It has been observed that for the purpose of disallowance of expenditure under section 14A of the Income-Tax Act, 1961 (the Act), in respect of income exempt from tax, the Assessing Officers (AOs) have been following a totally erroneous method of straight away applying rule 8D of the Income-Tax Rules, 1962 (the Rules), without considering...

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Posted Under: Income Tax |

Education cess is not an allowable deduction U/s. 37(1) of I.T.Act, 1961

Sometime back, one of my clients approached me with a query whether education cess presently charged along with the income-tax and surcharge, could be claimed as a deduction under section 37(1) of the Income-Tax Act, 1961 (the Act). The aforesaid query was raised, because some Income-Tax Advisor provided the aforesaid client with an Opini...

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Posted Under: Income Tax | ,

Powers of the A.O. are not plenary or unbridled

Recently, I had an occasion to deal with a case, where no notice under section 143(2) of the Income‑Tax Act, 1961 (the Act), was served on the assessee, within the stipulated period of twelve months. But after the expiry of the aforesaid period, the Assessing Officer (AO) issued a notice under section 148 read with section 147 of the ...

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Posted Under: Income Tax | ,

Whether MAT applicable to share of a company in income of a joint venture business

Of late, we have been witnessing a new and different trend in relation to the real estate development. Earlier, a builder would go for outright purchase of a piece of land from the landlord and develop the same at his own cost and risk. The scenario in this regard is undergoing a change. Now the landlord also desires to have a share in th...

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Posted Under: Income Tax |

Planning the Pay – Package of a Senior Executive

As is well known income-tax is deducted at source in respect of income from ‘Salaries’. As the income of salaried tax-payers is fixed, they are more susceptible to inflationary pressures. Therefore, there have been progressive attempts on the part of the Legislature to grant more and more relief to salaried tax-payers. In order to sub...

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Posted Under: Income Tax | ,

Dear Assessing Officer, Please Co-operate With Co-operative Banks

Co-operative banking is being aided and encouraged by the State Governments vide the various provisions of State Co-operative Societies Acts. A co-operative bank is a co-operative society, which is union of persons established according to the principles of equality, the number of whose members is unlimited and the purpose of which is, by...

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Posted Under: Income Tax |

Eligibility Of S.T.P Units and Computation of Their Profits For Deduction U/s. 10A of Income-Tax Act, 1961

Ten year tax holiday is available under section 10A to certain undertakings in free trade zones, electronic hardware technology parks, software technology parks or in special economic zones. The exemption is however subject to fulfillment of certain conditions. What are these conditions and how to meet them to avail the maximum benefit is...

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Posted Under: Income Tax |

Penalty U/s. 271C whether leviable for non-deduction of tax from salary paid abroad

number of foreign companies have established their liaison offices in India. The liaison offices of these foreign companies engage a number of employees in their offices in India. Some of the employees are deputed to these liaison offices by the parent companies from abroad. Such expatriate employees continue to be on the pay-roll of the...

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Posted Under: Income Tax |

Expenditure on repairs and renovations of accommodation provided to employee is not a perquisite

The present opinion relates to the issue whether expenditure on repairs and renovations by the employer, in respect of an accommodation occupied by the employee, could be brought to tax as a perquisite in the hands of the employee. This opinion is being provided, because there are situations where the employer has to incur expenditure on ...

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Posted Under: Income Tax |

Special Procedure for Assessment of Search Cases

The Finance Act 1995 has introduced a new chapter XIV-B in the IT Act with a view to providing a special procedure for assessment of search cases with effect from 1.7.1995. As per the Memorandum explaining the provisions of the Finance Bill 1995, in the old Scheme; valuable time was lost in trying to relate […]...

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Posted Under: Income Tax |

Educational and Medical Institutions – Heed the wake-up call!

The Finance (No.2) Act 1998 has made far-reaching changes in the provisions of Income-Tax Act 1961 relating to the taxation of educational and medical institutions. The reasons for the same, as stated in the Finance (No.2) Bill 1998, are as follows:...

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Posted Under: Income Tax |

Tax on Compensation for Breach of Contract For Sale of Land

COMPENSATION BY WAY OF DAMAGES FOR BREACH OF CONTRACT FOR SALE OF LAND –WHETHER LIABLE TO INCOME-TAX? The expression ‘contract for sale’ is defined in S.54 of the Transfer of Property Act (T.P. Act). As per S.54 of the T.P. Act, a contract for the sale of immovable property is a contract that sale of such property shall take place ...

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Posted Under: Income Tax |

Compensation for non-competition in business and its tax implications

In a free market economy, competition plays a vital role in commerce, trade and industry. While healthy competition is a sine qua non of growth and development of business in such an economy, unbridled, unfair and cut-throat competition can also ruin a businessman. It may happen that a person occupying a senior post a business organizatio...

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Posted Under: Income Tax |

Incentive Deduction U/s 80-I of Income Tax Act, 1961

Incentive Deduction U/s 80-I of the I.T. Act - A Typical Example Of What One Arm Of The Government Gives, The Other Takes Away- S.80-HH grants incentive to the tax-payer for establishing an industrial undertaking (I.U., for short) or a hotel in backward areas. S.80-HHA grants similar incentive for establishing small scale I.U. in certain ...

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Posted Under: Income Tax |

All about carry forward & set off business loss & unabsorbed depreciation by undertaking governed by section 10A or 10B

As per the provisions of Section 10A(6) or 10B (6) of the Income-tax Act, 1961, before their amendment, vide Finance Act, 2003, the undertakings were not permitted to carry forward their business losses and unabsorbed depreciation for set-off against the profits and gains of an assessment year (AY) immediately succeeding the last of the r...

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Posted Under: Income Tax |

Benefits U/S 80-IA (4)(iii) Of I.T. Act, In Respect of an Industrial Park

Section 80-IA of the I.T. Act, 1961, grants deductions in respect of profits and gains from Industrial Undertaking or enterprises engaged in Infrastructure Development, etc. As per section 80-IA (1), where the gross total income of an assessee includes any profits and gains derived by an undertaking or an enterprise from any business refe...

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Posted Under: Income Tax |

Plan, Prosper and Relax-In Commendation of Income-Tax Planning

A large part of a tax-payer’s income goes away by way of Income-tax. For this reason tax- payer is always on the look-out of ways and means for minimising his tax liability. The best way to achieve this objective is to utilise the services of a tax-expert and get one’s tax-affairs so arranged within the four corners of taxation-laws, ...

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Posted Under: Income Tax | ,

Principle of Res judicata: How far Applicable to Proceedings Under Income Tax Act?

As per S.11 of the Civil Procedure Code, no Court shall try any suit or issue between the same parties; which has been heard and finally decided. The doctrine of res judicata rests on the principle that one should not be vexed twice for the same cause and that there should be finality of litigation....

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Posted Under: Income Tax |

Suggestions to simplify income-tax law – Basis of charge and income exempt from tax

Suggestions regarding report of expert group to simplify income-tax law – Chapters II & III – Basis of charge and income exempt from tax 1. Introduction An attempt has been made in this article to offer some suggestions in respect of Chapters II & III – (Basis of charge and income exempt from tax) of […]...

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Posted Under: Income Tax |

Employers T.D.S. Headache & Its Remedy

(S.192 Of The Income Tax Act) The present day employers, particularly large corporate employers, are a harried lot. The Government has found a new tool in the form of enlargement of the scope of Tax Deduction at Source (T.D.S.) for augmenting tax revenues. Vide Finance Act 1995 , the scope of T.D.S. has been vastly […]...

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Salient features of the Finance Bill, 2015- Related to Income Tax

Save as otherwise provided in the aforesaid Bill, clauses (3) to (79) shall come into force on the first day of April, 2015, viz. from financial year (FY) 2015-16, relevant to assessment year (AY) 2016-17. Further, it may be stated that there are some amendments which have come into operation from certain specified dates, whereas some oth...

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Posted Under: Income Tax |

Salient Features of the Finance (No.2) Bill, 2014 [Relating to Direct Taxes]

Save as otherwise provided in the aforesaid Bill, clauses (3) to (71) shall be deemed to have come into force on the first day of April, 2014, viz. from financial year (FY) 2014-15, relevant to assessment year 2015-16. In this regard, there may be certain issues and objections, because the aforesaid Bill has been presented during the rele...

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Posted Under: Income Tax |

No disallowance U/s. 14A relating to expenditure attributable to dividend and tax-free interest, etc.

As regards disallowance under section 14A of the Income-Tax Act, 1961 (the Act), it is well-known that in respect of correct interpretation of the same, divergent views have been expressed by various judicial fora. In this context, please refer to the Article authored by me under the title “Disallowance under section 14A, in the light o...

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Posted Under: Income Tax |

Sure key to achieve prosperity in life

Most of the people in the world are not aware of the fact that the Cosmic plan for all living beings on the planet earth is so designed that there is a provision for all, as far as the material requirements are concerned. In this context, it must be realized that the universe is abounding in all good things, material as well as spiritual,...

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Posted Under: Income Tax |

Prayer and Gratitude for all occasions – For Happy and Purposeful life

It is also universally accepted now that a Supreme Intelligence is regulating or controlling the affairs of the Cosmos. We may call this Intelligence by any name like God, Rama, Krishna, Jesus, Allaha, etc. The universally accepted fact now is that God is an energy. Therefore, the Intelligent and Animate energy which is regulating or cont...

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Posted Under: Income Tax |

Disallowance U/s. 14A, in light of landmark judgement of P&H High Court, in the case of Deepak Mittal

Recently, the Punjab and Haryana High Court has rendered a very significant judgement, regarding disallowance under section 14A of the Income-Tax Act, 1961 (the Act), r.w.r.8D of the Income-Tax Rules 1962 (the Rules), in the case of CIT Vs Deepak Mittal [2014] 361 ITR 131 (P&H) : [2013] 219 Taxman 314 (P&H). This judgement is really a lan...

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Posted Under: Income Tax |

Fee for default in furnishing TDS / TCS statement

Sometime back a number of instances have been brought to my notice by some clients, which relate to the levy of fee for late filing of TDS / TCS statement. On examination of the provisions of the Income-Tax Act, 1961 (the Act), it was realized that the impugned fee has been levied under section 234E of the Act, which is rather an obscure...

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Posted Under: Income Tax |

Anonymous donations U/s. 115BBC will not entail levy of interest U/s. 234B and penalty U/s. 271(1)(c)

Sometime back, I had to deal with a case of a charitable institution which is running a number of educational institutions. For one assessment year, certain donations received by the trust were disclosed as anonymous donations, as per the provisions of section 115BBC of the Income-Tax Act, 1961 (the Act). As per section 115BBC(1)(i), the ...

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Posted Under: Income Tax |

TDS mismatch and adjustment of erroneous arrears–Intimation under section 143(1) by CPC

This Note deals with the intimations issued by the Centralized Processing Centre (CPC), under section 143(1) of the Income-Tax Act, 1961 (the Act), in respect of returns of income electronically filed. It has been observed that many of the intimations under section 143(1) of the Act, contain a number of errors which cause un-called for ha...

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Posted Under: Income Tax |

Circuitous amendments of section 90/90A, relating to Tax Residency Certificate

There is a peculiar history regarding the amendments of section 90 of the Income-Tax Act, 1961 (the Act), by the Finance Act, 2012 and the Finance Act, 2013, in respect of the requirement of Tax Residency Certificate (TRC) to be obtained by an assessee, in order to avail of the benefit of Double Taxation Avoidance Agreement (DTAA) between...

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Posted Under: Income Tax |

Please do not blindly follow Western model of development and culture

There is a basic difference between Western culture and the Vedic culture, which is eternal. In the Indian or Vedic culture, our Rishis and Seers have always advised to have total control over our desire for sense gratification. Instead, it is advised that one should strive to evolve to a higher level of consciousness, where no craving is...

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Posted Under: Income Tax |

Retrospective amendments of sections 9 and 2(47) of I.T.Act, 1961–Judgement of AP High Court

In this case, the Hon. AP High Court has, inter alia, held that the retrospective amendments to the Income-Tax Act, 1961 (the Act), vide the Finance Act, 2012, have no impact on the interpretation of the DTAA and the transaction in issue falls within Article 14(5) of the DTAA between India and France and the tax resulting there from is al...

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Posted Under: Income Tax |

Salient features of Finance Bill, 2013- Relating to Direct Taxes

The Finance Bill, 2013, or the Union Budget, 2013-14, was presented in the Parliament on 28.2.2013. As regard the direct taxes, there are in all fifty one (51) amendments proposed in the Finance Bill, 2013, vide, clauses (3) to (53). Forty eight amendments have been proposed in the Income-Tax Act, 1961 (the Act), whereas three amendments ...

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Posted Under: Income Tax |

No Disallowance U/s. 14A if Assessee made investment from owned fund

Recently, the Mumbai Bench of the Tribunal in the case of Reliance Industries Ltd. Vs Addl. CIT [2012] 79 DTR (Trib) 315 (Mum), has rendered a very significant judgement relating to disallowance under section 14A of the Income-Tax Act, 1961 (the Act)....

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Posted Under: Income Tax |

Exemption from long-term capital gains–Purchase of residential house in a foreign country

Sometime back, a query was raised whether the benefit of exemption under sections 54 and 54F of the Income-Tax Act, 1961 (the Act), in respect of long-term capital gains, on account of investment of such capital gains in the purchase / construction of a residential house in a foreign country, is available to an assessee, being a non-resid...

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Posted Under: Income Tax |

No disallowance U/s. 14A, regarding dividends on shares received by a trader in shares

The issue whether any disallowance of expenditure could be made under section 14A of the Income-Tax Act, 1961 (the Act), in respect of exempt in income by way of dividend earned by an assessee engaged in the business of dealing in shares and securities; has come up for consideration before various judicial fora....

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Posted Under: Income Tax |

Impact of amendment of section 9 by Finance Act, 2012, on DTAAs

Vide the Finance Act, 2012, section 9(1)(i) of the Income-Tax Act, 1961 (the Act), has been amended by insertion of new Explanations 4 and 5, thereto. Similarly, section 9(1)(vi) of the Act, has been amended by the Finance Act, 2012, by insertion of Explanations 4, 5 and 6, thereto....

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Posted Under: Income Tax |

Judgement of Gujarat HC regarding section 281, which deals with certain transfers to be void

This Note relates to the significance of the recent judgement of Gujarat High Court in the case of Tax Recovery Officer Vs Industrial Fin. Corpn. of India [2012] 346 ITR 11 (Guj), which deals with the interpretation of the provisions of section 281 of the Income-Tax Act, 1961 (the Act), relating to Certain transfers to be void. As per afo...

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Posted Under: Income Tax |

Deduction for sum payable to an employee in lieu of leave to his credit–Section 43B(f)

In the judgement of Calcutta High Court in the case of Exide Industries Ltd. Vs Union of India [2007] 292 ITR 470 (Cal), it was held that section 43B(f) of the Income-Tax Act, 1961 (the Act) was arbitrary, unconscionable and de-hors the Supreme Court decision in the case of Bharat Earth Movers Vs CIT [2000] 245 ITR 428 (SC) and accordingl...

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Posted Under: Income Tax |

Stay petition before CIT Appeal & recovery of disputed income-tax demand during pendency thereof

It is a well-known fact that the Assessing Officers (AOs) in many cases make high-pitched assessments and raise huge uncalled for demands against the assessee, as a result thereof. It is also a well-known fact that after raising such uncalled for and unjustified high demands, the Revenue authorities take recourse to coercive measures for ...

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Posted Under: Income Tax |

Roll-back of some of tough provisions proposed in Finance Bill, 2012, and changes providing additional reliefs

As a result of the aforesaid protests and representations, there has been roll-back or reduction in the rigour, in respect of some of the aforesaid proposed amendments. The same were announced by the Finance Minister in his speech, while introducing the Finance Bill, 2012, for consideration. Besides, in certain respects, some additional r...

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Posted Under: Income Tax |

Note on Amendments, vide Finance Bill, 2012, which will come into force with immediate effect

I am preparing this Note in order to clarify the position that none of the amendments relating to Direct Taxes, particularly those relating to TDS and TCS, will come into force with immediate effect. In other words, all the amendments relating to the Direct Taxes will become effective, only after the Finance Bill, 2012, is enacted as part...

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Posted Under: Income Tax |

Lead a life guided by pure wisdom

1. The biggest wonder in the world is that a human being who normally spends 80 – 100 years on the planet earth, (i) does not ever think that he / she is not the body and his real self is the Atma or Spirit within, and (ii) he never deliberates upon the purpose of the life on this planet earth....

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Posted Under: Income Tax |

Alternate Minimum Tax (AMT) on all persons other than companies

Vide the Finance Bill, 2012, the heading of Chapter XII-BA regarding alternate minimum tax (AMT), in respect of persons other than a company, has been substituted by the words ‘Persons other than a company’, in place of the words ‘Limited liability partnerships’. As per amendment of the aforesaid Chapter, provisions of AMT have b...

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Posted Under: Income Tax |

No TDS on payment for purchase of goods / services through credit card transactions

Recently, an opinion was sought from me by a client regarding TDS implications under Chapter XVII-B of the Income-Tax Act, 1961 (the Act), in respect of merchant service fees payable in the course of settlement of credit card transactions for the purchase of goods / services. In the aforesaid transactions, the functions of the relevant e...

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Clarificatory Note – Reg. provisions of section 147 r.w. Explanation 3 thereto, of I.T. Act, 1961

Explanation 3.—For the purpose of assessment or reassessment under this section, the Assessing Officer may assess or reassess the income in respect of any issue, which has escaped assessment, and such issue comes to his notice subsequently in the course of the proceedings under this section, notwithstanding that the reasons for such iss...

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Circular No. 4/2011, relating to section 281, which deals with certain transfers to be void

It may be stated that section 281 of the Act deals with ‘Certain transfers to be void’. In order to answer the purport of the aforesaid Circular, it will be necessary to correctly understand the scope of the provisions of section 281 of the Act. In this connection, it may be stated at the outset that the previous permission of the As...

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Exemption to specified persons from filing return of income for the A.Y. 2011-12

In this regard, it may be stated that sub-section (1C) was inserted in section 139 of the Income-Tax Act, 1961 (the Act), vide the Finance Act, 2011, with effect from 1.6.2011. For the sake of ready reference, the aforesaid sub-section (1C) is reproduced as follows: (1C) Notwithstanding anything contained in sub-section (1), the Central G...

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Impact of section 206AA on TDS Rates

A new section 206AA was inserted in the Act, vide the Finance (No.2) Act, 2009. As per section 206AA, any person whose receipts are subject to deduction of tax at source (TDS), i.e. the tax-deductee shall mandatorily furnish his Permanent Account Number (PAN) to the tax-deductor, failing which the deductor shall deduct tax at source at hi...

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Requirement to furnish PAN U/s. 206AA of Income-Tax Act, 1961

(1) Notwithstanding anything contained in any other provisions of this Act, any person entitled to receive any sum or income or amount, on which tax is deductible under Chapter XVIIB (hereafter referred to as deductee) shall furnish his Permanent Account Number to the person responsible for deducting such tax (hereafter referred to as ded...

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A Fresh look at disallowance under section 14A of Income-Tax Act, 1961

Section 14A, the heading of which is ‘Expenditure incurred in relation to income not includable in total income’, was inserted in the Income-Tax Act, 1961 (the Act), by the Finance Act, 2001. As per Circular No.14 of 2001 [252 ITR (St.) 65], issued by the CBDT, a new section 14A was inserted, so as to clarify the intention of the Legi...

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Opinion regarding digital signatory on return of income in case of a company

(i) Who is the digital signatory in case of the return of income of a company. (ii) Can the Financial Controller of a company also be a digital signatory in case of a company. In order to answer the aforesaid queries, it will be necessary to refer to the relevant provisions of the Income-Tax Act, 1961 (the Act), ...

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Write-off of bad debt in books of account under section 36(1)(vii)

Recently the Apex Court has rendered two very significant judgements in relation of the write-off of bad debt in the books of account of an assessee for the purpose of deduction thereof, under the provisions of section 36(1)(vii) of the Income-Tax Act, 1961 (the Act), r.w.s.36(2) of the Act. The aforesaid judgements are as follows : (i) ...

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Non-resident is not under an obligation to apply for PAN, for TDS purposes, as per section 206AA

As per the aforesaid section 206AA, any person entitled to receive any sum or income or amount, on which tax is deductible under Chapter XVII, shall furnish his PAN to the person responsible for deducting such tax at source. It is further provided therein that if the tax-deductee fails to furnish his PAN to the tax-deductor then the tax w...

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Tax-treatment of receipt of immovable property for inadequate consideration Amendment, vide Finance Bill, 2010

A number of clients have raised a query whether any amendment of section 50C of the Income-Tax Act, 1961 (the Act), has been proposed by the Finance Bill, 2010. The aforesaid query, has got its genesis in the amendment of sub-clause (b) of section 56(2)(vii) of the Act, as proposed by the Finance Bill, 2010. As per the aforesaid amendment...

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Recent judgement of Punjab & Haryana HC on disallowance U/s. 14A of I.T. Act, 1961

It was held in this case that where it is found that for earning exempted income no expenditure has been incurred, disallowance under section 14A cannot stand. In view of the finding of the Tribunal, it is clear that the expenditure on interest was set-off against the income from interest and the investment in the share and funds was out ...

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Charitable nature of educational institutions : View of Uttarakhand High Court

Recently in one of the cases of educational institutions, the Assessing Officer (AO) issued a show-cause letter calling for an explanation from the assessee, as to why it should not be treated as an association of persons (AOP), engaged in a profit making business. In support of the aforesaid allegation, the Assessing Officer excluded the...

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Queries arising out of Calendar for compliance and TDS rates for FY 2009-10

(i) Whether the revised TDS rates for payment to contractors and TDS on Hire / Rentals, are effective from 1.10.2009. (ii) Whether surcharge and education cess should not be deducted with immediate effect, from non-salary payments being made to residents (Individuals as well as domestic companies)....

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Valuation of perquisites / fringe benefits after abolition of FBT

As per the aforesaid newly inserted section 115WM, nothing contained in Chapter XII-H shall apply, in respect of any assessment for the assessment year (AY), commencing on 1.4.2010, or any subsequent AY. In other words, the fringe benefit tax (FBT) has been abolished from the AY 2010-11, onwards, i.e. from the financial year (FY) 2009-10,...

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Valuation of perquisites / fringe benefits after the abolition of FBT

With the abolition of FBT, a question arises as to the tax-treatment to be given to a number of perquisites / fringe benefits, which were earlier liable to FBT and therefore, not chargeable as perquisites in the hands of the employees, in view of the provisions of the erstwhile section 17(2)(vi) of the Act....

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Deduction in respect of a sum payable to an employee in lieu of leave to his credit–Section 43B(f)

As per the provisions of section 43B(f) of the Income-tax Act, 1961 (the Act), any sum payable by the assessee as an employer in lieu of any leave at the credit of his employee shall be allowed only in the previous year or financial year in which such sum is actually paid by him. In other words, the claim for deduction in respect of the p...

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Note regarding revised procedure for furnishing information in respect of remittances to be made to non-residents, WEF 1.7.2009

As per section 195, tax is required to be deducted at source from payment to non-residents, if the same is chargeable to income-tax under the Income-Tax Act, 1961 (the Act). In this connection, it may be stated that as per the Instruction issued by the Reserve Bank of India (RBI), except in the case of certain personal remittances which h...

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Supreme Court judgements on tax-treatment of Conveyance allowance and Leave travel concession

In both the aforesaid judgements, it has been held by the Apex Court that beneficiary of exemption under section 10(5) of the Income-Tax Act, 1961 (the Act), relating to leave travel concession / assistance is the individual employee. There is no Circular of the Central Board of Direct Taxes (CBDT), requiring the employer to collect and e...

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Some thoughts for self-improvement and enlightenment

1. When you emit noble and positive energy in the form of good thoughts, good speech and good deeds into the Cosmos, you attract high frequency, noble and protective Cosmic energy into your life. 2. What you focus upon, you empower and what you empower, you attract. Therefore, if you are normally in a complaint mode, you emit and empower ...

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No tax is deductible at source from service-tax included in a bill

The Finance Act, 1994, provided for levy of service-tax in respect of ‘Taxable services’. Section 68 of the aforesaid Act lays down that the provider of taxable services shall be liable for payment of service tax, at the specified rate. The relevant provisions in this regard are section 68 of the Finance Act, 1994, as also Rule 6 of t...

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Rule 8 D, r.w.s.14A is unjust, arbitrary and ultravires

In this regard paragraph (25) of Circular No. 14 of 2001, is relevant. The aforesaid Circular No.14 provides Explanatory Notes on the provisions of Finance Act, 2001, relating to direct taxes, which is printed in 252 I.T.R. (St) 65. Paragraph (25) of the aforesaid Circular is to be found on page 86 thereof. For the sake of ready reference...

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Claim of depreciation as per I.T. Rules, for computation of book profit/ MAT Calculation U/s. 115JB

Under the provisions of section 115JB of the Income-Tax Act, 1961 (the Act), where in the case of a company, the income-tax payable on the total income in respect of any assessment year (AY), is less than ten percent of its book profit, such book profit shall be deemed to be the total income of the assessee and tax payable by the assessee...

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Tax is not deductible at source in respect of all payments to non-residents

It has been held in the aforesaid judgements that it is not open to a person making payments to a non-resident to take a unilateral decision that the payments made by him are not sums chargeable to tax. To take that view, concurrence of the Assessing Officer as provided in section 195(2) is sine qua non. For reaching the aforesaid conclus...

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Charge of FBTon ESOP/ Sweat equity – Amendments, vide FA, 2007

Employees’ Stock Option Plan or Scheme (ESOP or ESOS, for short), was not liable to fringe benefit tax (FBT) upto the assessment year (AY) 2007-08, relevant to the financial year (FY) 2006-07. The reason for the same is that though under the provisions of section 115WB(1)(a) of the Income-Tax Act, 1961 (the Act), ESOP could be considere...

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Pension – Whether an allowable expenditure

In the present day scenario, looking at the high rate of attrition, it has become very necessary for the employers to provide various incentives to their employees in order to retain their services. One of such incentives is provision of pension to the employee after his retirement from service. In this context, it must be clearly underst...

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Note on CBDT’s Circular No.4/2007 regarding Nature of Income on Sale of Shares

As pointed out earlier, normally any profit and gain on the sale of shares held as a stock-in-trade is treated as business income, which is liable to tax at the rate of 30%. On the other hand, any gain made on the sale of shares held as investment is normally liable to tax at the rate of 10%....

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CBDT’s Circular No.4/2007 – Does not serve the intended purpose

In order to understand the implications of the aforesaid Circular in the correct perspective, it would be necessary to understand the meaning of certain terms as provided under section 2 of the Income-Tax Act, 1961 (the Act). The same are discussed...

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Landmark SC judgement in relation to Section 9 of Income-Tax

Recently, the Supreme Court has rendered a landmark judgement, dated 4.1.2007, in the case of Ishikawajima-Harima Heavy Industries Ltd. Vs. DIT [2007] 288 ITR 408 (S.C.): 207 CTR 361(S.C.). This judgement has thrown new light in respect of the expression ‘Income deemed to accrue or arise in India’, as contemplated under section 9 of t...

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