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Suraj R. Agrawal

Latest Articles


Fair Value Concepts | Ind AS 113 – Fair Value Measurement

CA, CS, CMA : With the introduction and the subsequent adoption of Ind AS by many Indian companies, the emphasis on valuation has increased. The...

March 28, 2020 48300 Views 1 comment Print

Commencement of property construction prior to transfer of original asset not an impediment for section 54F exemption

Income Tax : The Delhi High Court in case of Bharti Mishra held that section 54F prescribes appropriation of sale consideration within one year...

April 2, 2019 3477 Views 0 comment Print

ITAT has Power to grant stay beyond 365 days : Bombay HC

Income Tax : Even in case of substituted third proviso to Section 254(2A) of the Act which restricts the power of the ITAT to grant stay beyond...

January 21, 2016 2154 Views 0 comment Print

Bogus Purchases: Addition solely based on sales-tax dept. info not sustainable

Income Tax : ITAT Mumbai held in the case of Hiralal Chunilal Jain vs. ITO that addition for alleged Bogus Purchase not sustainable as AO had m...

January 20, 2016 7655 Views 0 comment Print

CUP method can be applied by a comparing a pricing formulae instead of pricing quantification in amount

Income Tax : Pr. CIT vs. Toll Global Forwarding India Pvt Ltd (Delhi High Court) CUP method can be applied by a comparing a pricing formulae, r...

January 12, 2016 828 Views 0 comment Print


Latest Judiciary


HC quashes Black Money prosecution against Srinidhi Karti Chidambaram

Income Tax : Madras High Court quashes prosecution proceedings initiated under the Black Money (Undisclosed Foreign Income and Assets) and Impo...

April 10, 2019 7734 Views 0 comment Print

Commencement of property construction prior to transfer of original asset not an impediment for section 54F exemption

Income Tax : The Delhi High Court in case of Bharti Mishra held that section 54F prescribes appropriation of sale consideration within one year...

April 2, 2019 3477 Views 0 comment Print

Brand usage – not an international transaction

Income Tax : Whether the usage of foreign Associated Enterprise (AE) brand name on the cars manufactured and sold by the tax payer amounted to ...

April 27, 2017 1233 Views 0 comment Print

Transaction approved by RBI & Govt not sufficient & assessee has to benchmark royalty payment separately

Fema / RBI : The assessee did not benchmark the royalty payment separately. On enquiry by the TPO, it relied on RBI approval given in 1995 and ...

October 9, 2016 1351 Views 0 comment Print

High pitched assessments: 100% demand stay must be Granted

Income Tax : The Tribunal granted 100 percent stay of demand because (a) the assessed income was more than 10 times the returned income. (Instr...

April 8, 2016 11800 Views 0 comment Print


A liaison office of a foreign co identifying suppliers/ material is not a permanent establishment under Article 5 of India-USA DTAA

September 3, 2015 1454 Views 0 comment Print

Columbia Sportswear Company vs. DIT (Karnataka High Court)- A liaison office of a foreign company which identifies a manufacturer in India, negotiates the price, helps in choosing raw material to be used, ensures compliance with quality,

Scope of additions that can be made in a pending assessment and in a completed assessment pursuant to a search u/s 132

September 2, 2015 2560 Views 0 comment Print

Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course

Analysis of CBDT’s Explanatory Circular on Provisions of Black Money Act, 2015

August 6, 2015 1631 Views 0 comment Print

THE BLACK MONEY (UNDISCLOSED FOREIGN INCOME AND ASSETS) AND IMPOSITION OF TAX ACT, 2015 (referred to here as ‘the Act’) as passed by the Parliament received the assent of the President on the 26th of May 2015. It levies tax on undisclosed assets held abroad by a person who is a resident in India at the rate of 30 percent of the value of such assets, provides for a penalty equal to 90 percent of the value of such asset, and also provides for rigorous imprisonment of three to ten years for wilful attempt to evade tax in relation to a undisclosed foreign income or asset.

Entire capital gains have to be included without computing benefits of indexation while computing 'book profits'

August 3, 2015 1627 Views 0 comment Print

115JB lays down that every assessee for the purpose of this section shall prepare its Profit & loss account for the relevant previous year in accordance with the provisions of part II & III of Schedule 6 of the Companies Act, 1956.

Allowing credit period to the AE has to be considered along with main international transaction of sale of goods

July 31, 2015 981 Views 0 comment Print

The transaction of allowing credit period to the AE on realization of sale proceeds is not an independent transaction and has to be considered along with the main international transaction of sale of goods.

No obligation to deduct TDS on amounts paid as reimbursement of expenses

July 30, 2015 18241 Views 0 comment Print

Delhi High Court in the case of CIT vs. DLF Commercial Project Corp held that There is no obligation to deduct TDS on amounts paid as reimbursement of expenses because it do not have the character of income.

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