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Articles by VIVEK JALAN

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Litigation on RCM on Expat Salary: Northern Operating Systems Case under GST - High Courts and CBIC Intervene

  VIVEK JALAN    18 December 2023 at 07:47

After the decision of The Hon'ble Supreme Court in Northern Operating System in the Service tax regime, across the Country taxpayers are calculating their exposure under GST.

CSR expenditure is allowable u/s 80G of IT Act - On the maxim of 'Expressio Unius Esl Exclusio Alterius'

  VIVEK JALAN    13 December 2023 at 14:31

Allowability of CSR expenditure has been sealed after Explanation 2 to Section 37(1) was inserted in the Income tax Act 1961 w.e.f. 1.4.2015.

Role of Compensatory Penalties in Business Regulation and the Pitfalls of Punitive Measures

  VIVEK JALAN    12 December 2023 at 14:33

Penalty is allowed if it is compensatory and teaches the assessee how to run its business in future. It is disallowed if it is a punishment for intentional violation of a law

Exploring the Resale Method in Transactions with Limited Value Addition by Distributors

  VIVEK JALAN    08 December 2023 at 15:10

Resale method appropriate in Transfer Pricing where there is no Value Addition to traded goods by the distributor

Strategic Considerations in Capital Asset Transfers: Pre and Post AY 2017-18 Perspectives

  VIVEK JALAN    07 December 2023 at 09:05

Determination of date of transfer of capital asset before and after AY 2017-18... where two AYs are involved

GST DRC-01 and DRC-07 Notices/Orders Served Beyond the Portal

  VIVEK JALAN    30 November 2023 at 10:20

Serving Of GST Notices In Form GST DRC-01 And Order In Form GST DRC-07 Other Than On The GST Portal Renders Notices/Orders Illegal

Can a Charitable Institution Register Without Prior Registration Under Another Law?

  VIVEK JALAN    17 November 2023 at 15:02

Does the Income Tax Law debar a charitable institution from getting registered until it is registered under another Law?

RBI's Move Towards Direct Regulation: Impact on Cross Border Payment Aggregators

  VIVEK JALAN    11 November 2023 at 15:08

Cross border Payment Aggregators like Amazon (Pay) India, Google India, Razorpay, Pine Labs, PayPal, Cashfree, Paymate, etc to be directly regulated by RBI now

Income Tax bitter pill for the business of prescription of medicines

  VIVEK JALAN    07 November 2023 at 10:26

Not every doctor is corrupt and not every pharmaceutical firm resorts to unethical means to sell their products. However, there is no denying that a large number of doctors and medical companies adopt unfair means. Even the Supreme Court frowned at the expenses incurred on sales promotion of certain medicines

Tax Planning vide colourable device u/s 45(3) not allowed?

  VIVEK JALAN    01 November 2023 at 13:21

Is tax planning an offence or not? From the Apex Court's decision in the case of Union of India vs. Azadi Bachao Andolan [2003] 263 ITR 706 (SC), it is transpired that once the transaction is genuine, merely because it was entered into with a motive to plan tax, it would not become a colourable device, nor does it earn any disqualification.