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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


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

February 3, 2016 667 Views 0 comment Print

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 undertaking begins to manufacture and produce such articles or things or computer software.

How to lead a happy and purposeful life – Practical Vedanta

February 3, 2016 1857 Views 1 comment Print

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.

True Wisdom for a Happy, Peaceful and Purposeful Life

February 1, 2016 1157 Views 0 comment Print

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 of the time nobody else will.

Prayer for Peace of Mind, Mental Health & Inner Strength

February 1, 2016 3314 Views 0 comment Print

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 within himself a fragment or a part of the Supreme Power or Intelligence.

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

January 31, 2016 42810 Views 3 comments Print

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 exemption in respect of the income of a charitable or religious trust.

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

January 31, 2016 113418 Views 5 comments Print

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 deduction; first by way of deduction of capital expenditure and thereafter, by way of deduction of depreciation on the assets of the trust.

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

January 31, 2016 3538 Views 0 comment Print

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 the correctness of the claim made by the assessee in respect of the expenditure incurred in relation to such income.

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

January 31, 2016 7510 Views 1 comment Print

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 Opinion that the aforesaid education cess is allowable as a deduction under section 37(1) of the Act.

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

January 29, 2016 2175 Views 0 comment Print

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 Act. We requested the AO to supply us the reasons recorded under section 148, which the AO did.

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

January 29, 2016 1987 Views 0 comment Print

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 the profit of the project being undertaken by the builder and developer.

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