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June 2024
Accountancy and Audit
  • Article

    Sustainability Reporting – Limited Assurance versus Reasonable Assurance

    By Deepa Agarwal, Chartered Accountant
    Reading Time 14 mins
  • FINANCIAL REPORTING DOSSIER

    Financial Reporting Dossier

    By Pankaj Tiwari, Chartered Accountant
    Reading Time 18 mins
  • From Published Accounts

    From Published Accounts

    By Himanshu Kishnadwala, Chartered Accountant
    Reading Time 5 mins
  • IND AS/IGAAP - Interpretation & Practical Application

    Ind AS 2023 Amendments

    By Dolphy D’souza, Chartered Accountant
    Reading Time 7 mins
  • NFRA DIGEST

    NFRA Digest

    By Sandip Chandarana | Pankaj Tiwari, Chartered Accountants
    Reading Time 11 mins
Corporate And Other Laws
  • Allied Laws

    Allied Laws

    By Dr. K. Shivaram, Senior Advocate
    Rahul K. Hakani | Shashi Bekal, Advocates
    Reading Time 7 mins
  • Corporate Law Corner

    Part A | Company Law

    By Pramod Prabhudesai, Chartered Accountant | Kaushik M. Jhaveri, Company Secretary
    Reading Time 5 mins
  • Laws And Business

    Related Party Transactions: The Purpose & Effect Test

    By Dr. Anup P. Shah, Chartered Accountant
    Reading Time 15 mins
Direct Taxes
  • Controversies

    Validity of Notice under Section 148 Issued By the JAO

    By Pradip Kapasi | Gautam Nayak | Bhadresh Doshi, Chartered Accountants
    Reading Time 25 mins
  • Glimpses Of Supreme Court Rulings

    Glimpses of Supreme Court Rulings

    By Kishor Karia, Chartered Accountant | Atul Jasani, Advocate
    Reading Time 11 mins
  • In the High Courts: Part A-Reported Decisions

    Search and Seizure — Inordinate delay in return of seized cash — Assessee is entitled to interest on amount returned — Inordinate delay in returning amounts due to the assessee not justified.

    By K B Bhujle | Ritu Punjabi, Advocates
    Reading Time 3 mins

    Decision of High Court binding on Income-tax Authorities — Order of assessment ignoring direction of High Court — Not valid

    By K B Bhujle | Ritu Punjabi, Advocates
    Reading Time 3 mins

    Charitable purpose — Registration of trust — Appeal to appellate tribunal — Power of Tribunal to grant registration: Charitable purpose — Registration of trust — Factors to be considered by Commissioner — Objects of trust and genuineness of activities of trust — Whether trust entitled to exemption on facts to be considered by Assessing Officer:

    By K B Bhujle | Ritu Punjabi, Advocates
    Reading Time 3 mins

    Re-assessment — Faceless assessment — Validity — Condition precedent for faceless assessment — Adequate opportunity should be provided to assessee to be heard:

    By K B Bhujle | Ritu Punjabi, Advocates
    Reading Time 3 mins

    Assessment — Company — Dissolution — No corporate existence continues — Company not in existence at the time of passing assessment order — No provision to assess dissolved company — Order against non- existent entity null and void:

    By K B Bhujle | Ritu Punjabi, Advocates
    Reading Time 6 mins

    Non-resident — Income deemed to accrue or arise in India — Situs of share or interest transferred outside India deemed to be located in India by corelating it with underlying assets in India — Insertion of Explanations 6 and 7 to section 9(1)(i) — Prospective or retrospective — Explanations 6 and 7 have to be read along with Explanation 5 which operates from 1st April, 1962 — Explanations 6 and 7 clarificatory and curative — To be given retrospective effect — Deeming provision attracted only where share or interest does not exceed percentage specified or transferor did not exercise right of management and control in company whose share and interest transferred:

    By K B Bhujle | Ritu Punjabi, Advocates
    Reading Time 4 mins
  • In The High Courts: Part B-Unreported Decisions

    Section 151, r.w.s 147 and 148 of the Act — Reopening of assessment — Beyond three years — Sanction for issue of notice — Appropriate authority for issuance of notice under Sections 148 and 148A(b) should have been either Principal Chief Commissioner or Principal Director General, or in their absence, Chief Commissioner or Director General – Principal Commissioner of Income Tax, do not fall within specified authorities outlined in Section 151.

    By Ajay R. Singh, Advocate
    Reading Time 4 mins

    Section 132 of the Act — Search and seizure — Condition precedent — Revenue authorities must have information in their possession on basis of which a reasonable belief can be formed — Contents of satisfaction note did not disclose any information which would lead authorities to have a reason to believe that any of contingencies as contemplated by Section 132(1)(a) to (c) were satisfied — Search and seizure action was to be quashed and set aside.

    By Ajay R. Singh, Advocate
    Reading Time 11 mins
  • Tribunal News: Part A-Domestic Taxation

    Notional interest income credited to the profit and loss account in compliance of Indian Accounting Standard (Ind AS) cannot be considered as real income in absence of contractual obligation of repayment.

    By Jagdish T Punjabi, Chartered Accountant
    Devendra Jain & Aditya Bhatt, Advocates
    Reading Time 4 mins

    When notice is for under-reporting of income, order passed levying penalty for misreporting of income is not justified.

    By Jagdish T Punjabi, Chartered Accountant
    Devendra Jain & Aditya Bhatt, Advocates
    Reading Time 4 mins

    Disallowance provision in section 143(1)(a)(v), introduced by the Finance Act, 2021, w.e.f. 1st April, 2021, dealing with deductions claimed under Chapter VI-A applies with prospective effect.

    By Jagdish T Punjabi, Chartered Accountant
    Devendra Jain & Aditya Bhatt, Advocates
    Reading Time 3 mins

    Where refund arising consequent to granting MAT credit is more than 10 per cent of the total tax liability and is out of TDS and the return of income has been filed by due date mentioned in section 139(1), assessee is entitled to interest u/s 244A from the first day of the assessment year though the claim of MAT credit was made much later in a rectification application filed. Interest on unpaid interest also allowed.

    By Jagdish T Punjabi, Chartered Accountant
    Devendra Jain & Aditya Bhatt, Advocates
    Reading Time 5 mins

    Section 50C ­— Leasehold rights in land are not within the purview of section 50C.

    By Jagdish T Punjabi, Chartered Accountant
    Devendra Jain & Aditya Bhatt, Advocates
    Reading Time 3 mins

    Section 17(3) — payment of ex-gratia compensation without any obligation on the part of employer to pay an amount in terms of any service rule would not amount be taxable under section 17(3)(i). The Departmental Representative is required to confine to his arguments to points considered by AO / CIT(A) and could not set up altogether a new case before ITAT and assume the position of the CIT under section 263.

    By Jagdish T Punjabi, Chartered Accountant
    Devendra Jain & Aditya Bhatt, Advocates
    Reading Time 2 mins

    S. 270A – No penalty under section 270A can be levied for incorrect reporting of interest income if the interest income as appearing in Form 26AS as on date of filing of return was correctly disclosed by the assessee and the difference in interest income was on account of delayed reporting by the deductor. S. 270A – No penalty under section 270A could be levied if the enhanced claim of exemption under section 10(10) of the assessee was on the basis of a mistaken but bona fide belief and he had disclosed all material facts and circumstances of his case S. 270A – Imposition of penalty under section 270A(1) is discretionary and not mandatory.

    By Jagdish T Punjabi, Chartered Accountant
    Devendra Jain & Aditya Bhatt, Advocates
    Reading Time 4 mins

    Sec. 48.: Where assessee sold house properties and claimed indexed cost of improvement while computing long term capital gains, since all expenditure incurred enhanced the sale value of the house property, assessee was entitled to deduction towards cost of improvement. Sec. 54.: Where assessee reinvested sale proceeds in purchase of property from his own bank account, then the property being registered in the name of his parents will not disentitle the assessee to claim a deduction u/s 54 of the Act.

    By Jagdish T Punjabi, Chartered Accountant
    Devendra Jain & Aditya Bhatt, Advocates
    Reading Time 3 mins

    Sec. 54, Sec. 263.: Where the assessee claimed deduction under section 54 within the prescribed time limits, capital gains not deposited in the CGAS scheme will not be considered as prejudicial to the interest of the revenue and invoking revisionary jurisdiction was bad in law.

    By Jagdish T Punjabi, Chartered Accountant
    Devendra Jain & Aditya Bhatt, Advocates
    Reading Time 2 mins
  • Tribunal News: Part B: International Tax Decisions

    Article 12 of India-USA DTAA — Subscription fees received by an American scientific society for providing access to online chemistry database and for sale of online journal to Indian subscribers did not qualify as Royalty, either in terms of section 9(1)(vi) of Act, or in terms of article 12(3) of India-USA DTAA.

    By Geeta Jani | Dhishat B Mehta | Bhaumik Goda, Chartered Accountants
    Reading Time 2 mins

    Article 13 of India-Denmark DTAA — Assessee, a Danish tax resident, had obtained software licenses from Microsoft for its group entities and received payments from its Indian AE SGIPL. Since software was used by Indian AE, and such use did not involve any transfer of copyright or other rights, as neither assessee nor SGIPL had right to sub-license or modify software, payment made by Indian AE to assessee could not be characterised as royalty.

    By Geeta Jani | Dhishat B Mehta | Bhaumik Goda, Chartered Accountants
    Reading Time 2 mins
Editorial
  • Editorial

    Expectations from the New Government

    By Dr. CA Mayur Nayak, Editor
    Reading Time 7 mins
From The President
  • From The President

    Viksit Bharat – Professional Firms

    By CA Chirag Doshi, President
    Reading Time 5 mins
Indirect Taxes
  • Article

    Erroneous Refund of Input Tax Credit – Whether Adjudication under section 73 / 74 Permissible?

    By Jatin Harjai, Chartered Accountant
    Reading Time 9 mins
  • Recent Decisions: Part A: Goods and Services Tax

    Goods And Services Tax

    By Puloma Dalal | Jayesh Gogri | Mandar Telang, Chartered Accountants
    Reading Time 12 mins
  • Recent Developments In GST

    Recent Developments in GST

    By G. G. Goyal, Chartered Accountant | C. B. Thakar, Advocate
    Reading Time 18 mins
International Taxation
  • Article

    Emigrating Residents and Returning NRIs

    By Rutvik Sanghvi | Bhavya Gandhi, Chartered Accountants
    Reading Time 32 mins

    Corporate Guarantee and Letter of Comfort: Untangling the Transfer Pricing Quandary

    By Pankil Sanghvi | Prateik Sachdev, Chartered Accountants
    Reading Time 17 mins

    End of the Non-Dom Era in the UK

    By Sean Cockburn | Forvis Mazars - United Kingdom
    Reading Time 21 mins
Namaskaar
  • Namaskaar

    १. || वयं पंचाधिकं शतम् || २. ||अति सर्वत्र वर्जयेत् ||

    By C. N. Vaze, Chartered Accountant
    Reading Time 4 mins
News And Views
  • Light Elements

    Light Elements

    By C N Vaze, Chartered Accountant
    Reading Time 3 mins
  • Regulatory Referencer

    Regulatory Referencer

    By Pramod Prabhudesai | Rutvik Sanghvi | Sonalee Godbole, Chartered Accountants
    Reading Time 10 mins
  • Society News

    Society News

    By Zubin Billimoria , Mandar Telang
    Hon. Jt. Secretaries
    Reading Time 13 mins
  • Statistically Speaking

    Statistically Speaking

    By Akshata Kapadia, Chartered Accountant
    Reading Time 0 mins

Article

Sustainability Reporting – Limited Assurance versus Reasonable Assurance

By Deepa Agarwal, Chartered Accountant
Reading Time 14 mins

FINANCIAL REPORTING DOSSIER

Financial Reporting Dossier

By Pankaj Tiwari, Chartered Accountant
Reading Time 18 mins

From Published Accounts

From Published Accounts

By Himanshu Kishnadwala, Chartered Accountant
Reading Time 5 mins

IND AS/IGAAP - Interpretation & Practical Application

Ind AS 2023 Amendments

By Dolphy D’souza, Chartered Accountant
Reading Time 7 mins

NFRA DIGEST

NFRA Digest

By Sandip Chandarana | Pankaj Tiwari, Chartered Accountants
Reading Time 11 mins

Allied Laws

Allied Laws

By Dr. K. Shivaram, Senior Advocate
Rahul K. Hakani | Shashi Bekal, Advocates
Reading Time 7 mins

Corporate Law Corner

Part A | Company Law

By Pramod Prabhudesai, Chartered Accountant | Kaushik M. Jhaveri, Company Secretary
Reading Time 5 mins

Laws And Business

Related Party Transactions: The Purpose & Effect Test

By Dr. Anup P. Shah, Chartered Accountant
Reading Time 15 mins

Controversies

Validity of Notice under Section 148 Issued By the JAO

By Pradip Kapasi | Gautam Nayak | Bhadresh Doshi, Chartered Accountants
Reading Time 25 mins

Glimpses Of Supreme Court Rulings

Glimpses of Supreme Court Rulings

By Kishor Karia, Chartered Accountant | Atul Jasani, Advocate
Reading Time 11 mins

In the High Courts: Part A-Reported Decisions

Search and Seizure — Inordinate delay in return of seized cash — Assessee is entitled to interest on amount returned — Inordinate delay in returning amounts due to the assessee not justified.

By K B Bhujle | Ritu Punjabi, Advocates
Reading Time 3 mins

Decision of High Court binding on Income-tax Authorities — Order of assessment ignoring direction of High Court — Not valid

By K B Bhujle | Ritu Punjabi, Advocates
Reading Time 3 mins

Charitable purpose — Registration of trust — Appeal to appellate tribunal — Power of Tribunal to grant registration: Charitable purpose — Registration of trust — Factors to be considered by Commissioner — Objects of trust and genuineness of activities of trust — Whether trust entitled to exemption on facts to be considered by Assessing Officer:

By K B Bhujle | Ritu Punjabi, Advocates
Reading Time 3 mins

Re-assessment — Faceless assessment — Validity — Condition precedent for faceless assessment — Adequate opportunity should be provided to assessee to be heard:

By K B Bhujle | Ritu Punjabi, Advocates
Reading Time 3 mins

Assessment — Company — Dissolution — No corporate existence continues — Company not in existence at the time of passing assessment order — No provision to assess dissolved company — Order against non- existent entity null and void:

By K B Bhujle | Ritu Punjabi, Advocates
Reading Time 6 mins

Non-resident — Income deemed to accrue or arise in India — Situs of share or interest transferred outside India deemed to be located in India by corelating it with underlying assets in India — Insertion of Explanations 6 and 7 to section 9(1)(i) — Prospective or retrospective — Explanations 6 and 7 have to be read along with Explanation 5 which operates from 1st April, 1962 — Explanations 6 and 7 clarificatory and curative — To be given retrospective effect — Deeming provision attracted only where share or interest does not exceed percentage specified or transferor did not exercise right of management and control in company whose share and interest transferred:

By K B Bhujle | Ritu Punjabi, Advocates
Reading Time 4 mins

In The High Courts: Part B-Unreported Decisions

Section 151, r.w.s 147 and 148 of the Act — Reopening of assessment — Beyond three years — Sanction for issue of notice — Appropriate authority for issuance of notice under Sections 148 and 148A(b) should have been either Principal Chief Commissioner or Principal Director General, or in their absence, Chief Commissioner or Director General – Principal Commissioner of Income Tax, do not fall within specified authorities outlined in Section 151.

By Ajay R. Singh, Advocate
Reading Time 4 mins

Section 132 of the Act — Search and seizure — Condition precedent — Revenue authorities must have information in their possession on basis of which a reasonable belief can be formed — Contents of satisfaction note did not disclose any information which would lead authorities to have a reason to believe that any of contingencies as contemplated by Section 132(1)(a) to (c) were satisfied — Search and seizure action was to be quashed and set aside.

By Ajay R. Singh, Advocate
Reading Time 11 mins

Tribunal News: Part A-Domestic Taxation

Notional interest income credited to the profit and loss account in compliance of Indian Accounting Standard (Ind AS) cannot be considered as real income in absence of contractual obligation of repayment.

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 4 mins

When notice is for under-reporting of income, order passed levying penalty for misreporting of income is not justified.

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 4 mins

Disallowance provision in section 143(1)(a)(v), introduced by the Finance Act, 2021, w.e.f. 1st April, 2021, dealing with deductions claimed under Chapter VI-A applies with prospective effect.

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 3 mins

Where refund arising consequent to granting MAT credit is more than 10 per cent of the total tax liability and is out of TDS and the return of income has been filed by due date mentioned in section 139(1), assessee is entitled to interest u/s 244A from the first day of the assessment year though the claim of MAT credit was made much later in a rectification application filed. Interest on unpaid interest also allowed.

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 5 mins

Section 50C ­— Leasehold rights in land are not within the purview of section 50C.

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 3 mins

Section 17(3) — payment of ex-gratia compensation without any obligation on the part of employer to pay an amount in terms of any service rule would not amount be taxable under section 17(3)(i). The Departmental Representative is required to confine to his arguments to points considered by AO / CIT(A) and could not set up altogether a new case before ITAT and assume the position of the CIT under section 263.

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 2 mins

S. 270A – No penalty under section 270A can be levied for incorrect reporting of interest income if the interest income as appearing in Form 26AS as on date of filing of return was correctly disclosed by the assessee and the difference in interest income was on account of delayed reporting by the deductor. S. 270A – No penalty under section 270A could be levied if the enhanced claim of exemption under section 10(10) of the assessee was on the basis of a mistaken but bona fide belief and he had disclosed all material facts and circumstances of his case S. 270A – Imposition of penalty under section 270A(1) is discretionary and not mandatory.

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 4 mins

Sec. 48.: Where assessee sold house properties and claimed indexed cost of improvement while computing long term capital gains, since all expenditure incurred enhanced the sale value of the house property, assessee was entitled to deduction towards cost of improvement. Sec. 54.: Where assessee reinvested sale proceeds in purchase of property from his own bank account, then the property being registered in the name of his parents will not disentitle the assessee to claim a deduction u/s 54 of the Act.

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 3 mins

Sec. 54, Sec. 263.: Where the assessee claimed deduction under section 54 within the prescribed time limits, capital gains not deposited in the CGAS scheme will not be considered as prejudicial to the interest of the revenue and invoking revisionary jurisdiction was bad in law.

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 2 mins

Tribunal News: Part B: International Tax Decisions

Article 12 of India-USA DTAA — Subscription fees received by an American scientific society for providing access to online chemistry database and for sale of online journal to Indian subscribers did not qualify as Royalty, either in terms of section 9(1)(vi) of Act, or in terms of article 12(3) of India-USA DTAA.

By Geeta Jani | Dhishat B Mehta | Bhaumik Goda, Chartered Accountants
Reading Time 2 mins

Article 13 of India-Denmark DTAA — Assessee, a Danish tax resident, had obtained software licenses from Microsoft for its group entities and received payments from its Indian AE SGIPL. Since software was used by Indian AE, and such use did not involve any transfer of copyright or other rights, as neither assessee nor SGIPL had right to sub-license or modify software, payment made by Indian AE to assessee could not be characterised as royalty.

By Geeta Jani | Dhishat B Mehta | Bhaumik Goda, Chartered Accountants
Reading Time 2 mins

Editorial

Expectations from the New Government

By Dr. CA Mayur Nayak, Editor
Reading Time 7 mins

From The President

Viksit Bharat – Professional Firms

By CA Chirag Doshi, President
Reading Time 5 mins

Article

Erroneous Refund of Input Tax Credit – Whether Adjudication under section 73 / 74 Permissible?

By Jatin Harjai, Chartered Accountant
Reading Time 9 mins

Recent Decisions: Part A: Goods and Services Tax

Goods And Services Tax

By Puloma Dalal | Jayesh Gogri | Mandar Telang, Chartered Accountants
Reading Time 12 mins

Recent Developments In GST

Recent Developments in GST

By G. G. Goyal, Chartered Accountant | C. B. Thakar, Advocate
Reading Time 18 mins

Article

Emigrating Residents and Returning NRIs

By Rutvik Sanghvi | Bhavya Gandhi, Chartered Accountants
Reading Time 32 mins

Corporate Guarantee and Letter of Comfort: Untangling the Transfer Pricing Quandary

By Pankil Sanghvi | Prateik Sachdev, Chartered Accountants
Reading Time 17 mins

End of the Non-Dom Era in the UK

By Sean Cockburn | Forvis Mazars - United Kingdom
Reading Time 21 mins

Namaskaar

१. || वयं पंचाधिकं शतम् || २. ||अति सर्वत्र वर्जयेत् ||

By C. N. Vaze, Chartered Accountant
Reading Time 4 mins

Light Elements

Light Elements

By C N Vaze, Chartered Accountant
Reading Time 3 mins

Regulatory Referencer

Regulatory Referencer

By Pramod Prabhudesai | Rutvik Sanghvi | Sonalee Godbole, Chartered Accountants
Reading Time 10 mins

Society News

Society News

By Zubin Billimoria , Mandar Telang
Hon. Jt. Secretaries
Reading Time 13 mins

Statistically Speaking

Statistically Speaking

By Akshata Kapadia, Chartered Accountant
Reading Time 0 mins