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S .K. Tyagi

Latest Articles


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 purcha...

October 23, 2020 16257 Views 2 comments Print

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 ‘Gratuit...

October 12, 2020 36456 Views 0 comment Print

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 co...

August 6, 2020 123180 Views 1 comment Print

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...

August 4, 2020 136933 Views 7 comments Print

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 builde...

August 2, 2020 85109 Views 3 comments Print


Ranchi Club Ltd. is still good law in respect of levy of Interest U/s. 234A /234B/ 234C

February 3, 2005 3269 Views 0 comment Print

The Patna High Court in the case of Ranchi Club Ltd. Vs. C.I.T. [1996] 217 ITR 72 (Pat.), rendered a very significant judgement that interest under Section 234A and 234B is to be levied on the income declared in the return of income and not on the assessed income. This judgement was passed on 13.11.1995. Thereafter, on 2.7.1996, another very significant judgement was rendered in the case of Ranchi Club Ltd. & Others Vs. C.I.T. [1996] 222 ITR 44 (Pat.)

Incentives for Business Re-Organisation by Way of Amalgamation U/s. 72A

January 29, 2004 32913 Views 0 comment Print

Section 72A of the Income-Tax Act, 1961, contains provisions relating to carry-forward and set-off of accumulated loss and unabsorbed depreciation allowance in case of re-organisation of business by way of amalgamation or demerger, etc. Section 72A has undergone a number of amendments since the year it was inserted in the Income-Tax Act, vide Finance (No.2) Act, 1977, with effect from 1.4.1978.

Transfer fees received by a co-operative housing society exempt from Tax

January 29, 2004 27795 Views 0 comment Print

Recently, the Special Bench of the ITAT, Mumbai, has rendered a judgement in the case of Walkeshwar Triveni Co-op. Hsg. Society Ltd. Vs. ITO [2003] 80 TTJ 673 (Mumbai) (SB), which has generated lot of controversy in the legal circles. This judgement has unsettled the well settled legal position in respect of the tax-treatment regarding the transfer fees received by a co-operative housing society.

Search and Seizure– Latest on Block Assessment– Chapter XIV-B of IT Act, 1961

June 30, 2002 20595 Views 0 comment Print

Chapter XIII of the Income-Tax Act, 1961 (the Act), deals with “Income-Tax Authorities”. Part –‘C’ of this Chapter deals with “Powers” of the income-tax authorities. Section (‘S.’ for short) 131 deals with “Power regarding discovery, production of evidence, etc.”. Section 132 deals with “Search and seizure”. Section 13 2A deals with “Powers to requisition books of account, etc.” and S.1 32B deals with “Application of seized or requisitioned assets”

Whether deduction U/s. 80-HHC allowable in respect of export incentives

December 29, 2001 10742 Views 0 comment Print

In the last quarter of the financial year 2000-0 1, a serious controversy arose in the Income-Tax Department and export circles of Mumbai. The controversy related to the issue whether deduction U/S 80-HHC of the Income-Tax Act, 1961 (the Act), is allowable in respect of export incentives viz. cash compensatory support (CCS), duty drawback (DDK) and profit on sale of import entitlement licences (I/L)

Educational and Medical Institutions – Beware!

January 31, 1999 6785 Views 0 comment Print

Beware! Changes in Income-Tax Act 1961 impact educational and medical institutions. Understand the consequences of omitting Sections 10(22) and 10(22A) and the amendments to Section 10(23C). Stay informed to ensure compliance. Disclaimer: For informational purposes only.

Powers of A.O to re-open assessment under amended Section147

April 1, 1989 3570 Views 0 comment Print

By the Direct Tax Laws (Amendment ) Act, 1987, a new scheme of assessment has been introduced in the newly substituted S.143 of the Income-Tax Act, 1961 (the Act, for short), w.e.f. 1.4.1989. Under the new scheme, returns filed will now be accepted as such and passing of assessment orders will not be necessary. It follows that in majority of cases there would not be any application of mind by the Assessing Officer (A.O.)

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