Articles

Opinion: Legislative Lapse or Legislative Over-reach

Section 143(1) of the Income Tax Act, 1961, being part of Chapter XIV titled as “Procedure For Assessment”, permits Central Processing Centre (‘CPC’ in short) to make...

Whether Proposed Amendments in Finance Bill 2022 Address Inconsistency

Finance Bill, 2022 through clause no. 56 has sought to amend section 194IA as under: “56. In section 194-IA of the Income-tax Act,–– (i) in sub-section (1), after the words “one per cent...

Analysis of Section 45(5A) of Income Tax Act, 1961

Sub section (5A) to section 45 has been inserted under the Income Tax Act, 1961 to provide taxability of capital gains arising to the land owner being Individual or HUF, in case of transfer of land or...

New Registration Regime for Charitable & Religious Trusts & Institutions!

In order to claim the benefit that its income is not included in total income, Charitable & Religious Trusts and Institutions are required to obtain registration under section 12AA of the Income...

Black Money Law in India

Income Tax Act, 1961 (hereinafter called ‘ITA’) seeks inter alia to tax global income of a resident-taxpayer and also provides for the levy of penalty in case of concealment, under...

Decoding Penalty under section 270A of the Income Tax Act, 1961

Section 270A has been inserted under the Income Tax Act, 1961 to take effect from 1.4.2017 i.e. from assessment year 2017-18, to provide for the levy of penalty on the ‘under-reported...

(Un)charted territory of section 50C!

Legislature had introduced section 50C under the Income Tax Act, 1961 by the Finance Act, 2002 making it applicable with effect from 1.4.2003. Section 50C prescribes deeming provision to substitute...

Legislative Interference in Tribunal’s Judicial Discretion to grant stay of demand – ‘Courtesy’ Finance Act, 2020

Present time may not be the best time to discuss a recently introduced depressing attempt & regressive amendment made to section 254(2A) of the Income Tax Act, 1961 by the Legislature, given an...

Income Declaration Scheme, 2016 – Critical Analysis

The Government has introduced a scheme “Income Declaration Scheme, 2016” which has come into force from 1st June, 2016. The scheme provides an opportunity to persons who have not paid due...

Income Declaration Scheme, 2016 – Effective Rate of Tax?

The Government has introduced Income Declaration Scheme, 2016 which has come into force from 1st June, 2016. The scheme provides an opportunity to persons who have not paid full taxes in the past to...

Tax Deductions: Deduction under section 80HHC with respect to depb-interpretation and controversy regarding section 28(iiid) and third proviso to section 80HHC(3)

Recently, reversing the decision of the Special Bench of the ITAT in the case of Topman Exports v. ITO  124 ITD 1 (Mum.), the Bombay High Court in the case of CIT v. Kalpataru Colours &...

Seized Cash – Like a monkey on assessee’s back

Introduction 1. Finance Act, 2013 has inserted Explanation 2 to section 132B which reads as under:-“For the removal of doubts, it is thereby declared that the ‘existing liability’...