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Recent Posts

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Discussion / TDS liability on payment to foreign companies
« Last post by caamanansari on November 21, 2017, 06:48:04 PM »
One of my client has started business if tour and travel. He makes payment to foreign companies for booking of Hotel Accommodation on behalf of his clients. He asks me to provide certificate u/s 15CB. Those foreign companies have no permanent establishment in India. Is there any TDS liability on my client ? Please advise me the correct position of law.

CA Aman Ansari
+91 99999 31853
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Discussion / s. 80IA(4) interpretation
« Last post by rajul5234 on November 04, 2017, 08:45:59 PM »
SCA 7098 / 2017. Dt. 3/11/17. Devraj infrastructures ltd. (Guj)

Held, Deduction can be claimed from AY in which atleast 30 units are located in industrial park.

AY relevant to date of commencement of park need not be the first year for entitlement of claim.

R K Patel
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Discussion / Good decision on appeal of Revenue and filing of Paper Book
« Last post by brettlee on October 23, 2017, 05:37:16 PM »
Recently Hon'ble Delhi Bench of the ITAT in a very brave decision in the case of ACIT Vs Panchkula Finvest ITA No 2709 of 2017 order dated 12.10.2017, has held that if the revenue wants to prove that the order of the CIT(A) is perverse then burden is on revenue to file the paper book and other material to substantiate their allegations and not on assessee. This decision is rendered after considering so many decisions of the Supreme Court and High Court for the proposition that burden is on such party who alleges some thing against other
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Discussion / Re: Reopening- Internal audit mechanism
« Last post by Remdiron on September 06, 2017, 02:32:09 PM »
I'm sure the information you give is really valuable.
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Discussion / Reopening on interoretation
« Last post by rajul5234 on August 30, 2017, 12:13:11 PM »
SCA 11877 / 2017. Cadila health care, GUJ H C Dt. 28/8/17

Held, reopening on same evidence for interpretation of provision not permissible.

R K Patel
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Discussion / Penny stock and sebi penalty
« Last post by rajul5234 on August 30, 2017, 12:11:02 PM »
TA 631/2017, dated 28/8/17. Gautam Jhaveri GUJ H C

Held, Past penalty by SEBi has no relevance to evidence on record for year under consideration.

R K Patel
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Discussion / s.263 revision jurisdiction
« Last post by rajul5234 on August 24, 2017, 09:53:23 PM »
SCA 4036/2016. Dt. 21 7 22/8/17.  Micro inks

Gujarat high court held that s. 263 cannpt be invoked if AO has taken a plausible view on interpretation of ratio of SC decision.

R K Patel
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Discussion / s. 132A and seizure of cash
« Last post by rajul5234 on August 17, 2017, 11:36:18 AM »
Gujarat high court. SCA 20532 / 2015 dated 9/8/17
ITO (Investigation) vs. DSP & others

Held, In absence of requisition u/s 132A or crimainal case by police, seizure of cash by intercepting a vehicle is illegal.

R K Patel
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Discussion / s.245 I Finality
« Last post by rajul5234 on August 04, 2017, 11:09:22 AM »
TA 276/2017 B. Nanji. Guj H C. Dt 26/7/17

Held, s. 245 I attaches finality to taxing of an issue in dispute.
Taxation of another assessee as a right person thereafter cannot be a correct stand of revenue.  R K Patel
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Discussion / Reopening- Internal audit mechanism
« Last post by rajul5234 on July 31, 2017, 01:07:28 PM »
Gujarat high court. SCA 16232 / 2010. Dt. 24/7/17 Axis bank

Reopening at instance of internal audit opinion not sustainable if AO disagrees with the view but notice is issued under compulsion of higher authorities. CAG audit or internal audit department does not make any difference.
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