Articles by Rupesh Srivastava

TDS controversies - Top 25 rulings pronounced in 2016

Rupesh Srivastava 26 December 2016 at 11:08

Dear All,We have another 6 days for the wonderful year 2016!! and as Sam Levenson say, "Don't watch the clock; do what it does and Keep going."Ove

Posted in Income Tax | 3 comments | 10968 Views

Transfer Pricing adjustment on Corporate guarantee

Rupesh Srivastava 19 December 2014 at 10:44

TP adjustment on Corporate guarantee 1. [TS-208-ITAT-2014(CHNY)-TP] Transfer of shares in subsidiary, by way of 'gift', to an overseas step down subsidiary (in Cayman Island), not taxable as capital gains u/s 45; Such transfer 'without an

Posted in Income Tax | 19185 Views

Development agreement is also an agreement for sale subject

Rupesh Srivastava 01 July 2014 at 12:34

Recently Hon`ble High court held, The development agreement is also an agreement for sale subject to certain conditions. In short, it is an agreement for conditional sale. (i) Whether the suit at the instance of a developer is not maintainable

Posted in Income Tax | 2 comments | 14241 Views

S. 194A - Co-operative bank need not deduct tax at source on interest paid to its members

Rupesh Srivastava 09 June 2014 at 12:04

(2014) TaxCorp(LJ) 3362 (ITAT-BANGALORE) S. 194A - Co-operative bank need not deduct tax at source on interest paid to its members even if the amount exceeded Rs\- 10,000 p.a. It was held that 194A(3)(v) applies to a co-op bank and in view of the exe

Posted in Income Tax | 16209 Views

Joint Development Agreement - Landmark Judgment

Rupesh Srivastava 21 March 2014 at 12:16

Landmark orders on Joint development agreement, updated as on 21st March 2014 1. (2002) 4 CHN 115 "Development agreement comes out of the scope of the ambit of section 53A of the Transfer of Property Act. Therefore, section 53A of the TP Act, ha

Posted in Income Tax | 17 comments | 200838 Views

Whether or not the debentures are loans covered u/s 269SS

Rupesh Srivastava 28 August 2013 at 12:28

(2013) TaxCorp(LJ) 1637 (ITAT) Income Tax Section 271D, 269SS, 269T Whether or not the debentures are loans covered u/s 269SS F.Y 2004-05, the assessee company has shown 5171.40 crores under the head as Optionally Fully Convertible Debentures

Posted in Income Tax | 28848 Views

Landmark ruling on Section 271(1)(c) by Karnataka High court

Rupesh Srivastava 10 July 2013 at 13:39

(2013) TaxCorp(LJ) 1412 (HC-KARNATKATA) S. 271(1)(c) - Merely because the assessee accepted addition or deletion and did not challenge the assessment order by way of appeal, it cannot be concluded that such addition or deletion amounts to concealmen

Posted in Income Tax | 4 comments | 27654 Views

S.10(23c)(iii)(ad) - Limit of 1 crore exemption available

Rupesh Srivastava 25 June 2013 at 12:09

Recently Hon`ble high court held that u/s 10(23c)(iii)(ad) - Limit of 1 crore exemption available to the assessee as annual receipts of each of the institutions. Assessee is running as many as 23 educational institutions upto assessment years 1

Posted in Income Tax | 1 comments | 64491 Views

Transfer pricing precautions; Taxpayers need to take despite recent ITAT ruling

Rupesh Srivastava 10 June 2013 at 11:17

In an recent ITAT ruling reported in (2013) TaxCorp (TP) 5176 (ITAT), the ITAT said Transfer pricing rules do not apply in these circumstances (i) to an investm..

Posted in Income Tax | 9825 Views

Non-agricultural property even in a remote village

Rupesh Srivastava 24 May 2013 at 12:30

Recently on 20th Feb 2013 ITAT bench held that, Non-agricultural property, whether inside the municipality or outside the municipality or even in a remote village is a capital asset and transfer of the same may generate income liable f

Posted in Income Tax | 6 comments | 14169 Views