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Articles by Vivek Jalan

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Understanding Transitional Provisions to Income Tax Act 2025 (ITA25) from Income Tax Act 1961 (ITA61)

Posted by Vivek Jalan 06 April 2026 257 Views

A complete guide to the transition from the Income Tax Act, 1961 to the Income Tax Act, 2025 effective 1 April 2026. Understand key compliance changes, TDS/TCS timelines, return filing rules, carry-forward provisions and critical action points for taxpayers.



Finalization of books under GST in March-April 2026 in light of Recent Developments

Posted by Vivek Jalan 04 April 2026 535 Views

GST books closure for March-April 2026 gains critical importance with GST 2.0 implementation. Explore key compliance checks including vendor KYC, ITC reconciliation, credit notes, GST rates, POS rules and refund strategies in this practical guide.



Expenditure on educational seminars by 'Charitable Institutions' related to the main object cannot be disallowed

Posted by Vivek Jalan 10 February 2026 169 Views

Chintan Shivirs serve as platforms for knowledge exchange through seminars and conferences. Learn how such educational activities align with Section 11 tax exemptions, key Supreme Court rulings and the limits on commercial receipts.



Payment for Background screening and Investigation Services is neither Fees for Technical Services (FTS) nor Royalty

Posted by Vivek Jalan 09 February 2026 103 Views

ITAT Delhi rules that payments for background screening services are neither royalty nor FTS, as they do not involve the use of copyright or 'make available' technical knowledge.



Discounts and Incentives are not Unexplainable Cash Credits

Posted by Vivek Jalan 09 February 2026 96 Views

ITAT Chennai holds that discounts and incentives credited in books and linked to business activity cannot be treated as unexplained cash credits under Section 68 or taxed under Section 115BBE.



Section 69C vs Section 105 of ITA 2025: A Fundamental Shift in Tax Law

Posted by Vivek Jalan 22 December 2025 584 Views

Section 105 of ITA 2025 makes unexplained expenditure additions mandatory, replacing "may" with "shall" and removing judicial discretion under Section 69C.



Six-Year Time Limit for Refund Applies Only to Tax Paid, Not to Payments on Exempt Income

Posted by Vivek Jalan 19 December 2025 172 Views

Guided by Article 265 of the Constitution and the Gujarat High Court ruling in Lt. Col. Nikhil Subodh Gajjar (2025), this analysis explains why the six-year limitation under CBDT Circular No. 9/2015 may not apply where no tax was legally payable, with implications for exempt incomes, trusts, and non-profit organisations.



Accepted Quantum Order but Faced Penalty? Legal Remedies Under Section 271(1)(c) & 270A

Posted by Vivek Jalan 18 December 2025 74 Views

Acceptance of quantum additions does not automatically justify a penalty under Sections 271(1)(c) or 270A. Learn why AOs must clearly specify concealment, inaccurate particulars, under-reporting or misreporting, and how assessees can effectively contest penalties even after quantum proceedings attain finality.



Section 36(1)(va) vs Section 43B: Deduction of Employees' PF/ESI After Checkmate Services

Posted by Vivek Jalan 13 December 2025 889 Views

Supreme Court in Checkmate Services held delayed employees' PF/ESI contribution is not deductible even if paid before ITR filing. ITAT allows 143(1)(a) adjustment, while Delhi HC has issued notice on the constitutional validity of Sections 2(24)(x) and 36(1)(va).



Corporate Guarantee vs Negative Lien: Key Transfer Pricing Clarification by ITAT Delhi

Posted by Vivek Jalan 01 December 2025 124 Views

Understand why a negative lien is not a corporate guarantee and carries no transfer pricing implications, as clarified in the ITAT Delhi ruling in JOGPL Pvt Ltd.




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