Articles by Rupesh Srivastava
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S. 2(47)(v), 54EC- Transfer of Property - Date of agreement
Recently on 26th April 2013, ITAT bench held that under Transfer of Property Act twin conditions - It is not necessary that both conditions should be satisfied in one year but at the same time only upon satisfying the second condition also it would
One profit level indicator of a comparable
HC: Tribunal was wrong in holding that if one profit level indicator of a comparable Whether, in view of the first proviso to section 92C(2) of the Income-tax Act, 1961, the Tribunal was correct in holding that if one profit level indicator of a co
Is Gross receipt professional income of CA
On 12th April 2013 ITAT bench held that CA professional income, the service tax realised should have been included in the gross receipts unless paid to Government exchequer within the due date of filing of return. Further ITAT rejects assessee clai
Capital gain exemption by virtue of article 13(4)
Recently ITAT bench held that, Article 13(1) cannot be made applicable to the transfer of shares as assessee has not sold the immovable property or any rights directly attached to the immovable property. Assessee is a company incorporated under th
HC directed the revenue to grant interest
HC directed the revenue to grant interest @ 12% on delay in release of seized cash. On 12th March 2013, Hon`ble HC directed the revenue to grant interest @ 12% on delay in release of seized cash Assessee have file writ petition before hon`ble Hi
Reimbursement of trainings, professional services etc
Traning were commercial in nature and not technical and, hence, not covered by the provisions of DTAA. These payments also cannot be taxed under Article-7, as none of these persons had any P.E. or fixed base in India. KPMG vs JCIT Dated: 22nd Fe
Burden of proof to claim interest expenditure is on the assessee
S. 14A , burden of proof to claim interest expenditure is on the assessee. Subscribe TaxCorp e-Practice for the full report and to receive daily updates on Tax Laws. As informed in 11th Sep. 2012 and reported in (2012) 6 TaxCorp (DT) 52547 (SC), Inv
Judgments Overruled by Finance Bill 2013
Finance Bill 2013 may overrule Following Court decision. 1. Proposed Amendment in Application of seized assets under section 132B The existing provisions contained in section 132B of the Income-tax Act, inter alia, provide that seized assets may be
Service Tax liability on Chitty business - HC
MAPRANAM FINANCE AND INVESTMENT COMPANY (P) LTD vs UOI and Others (High Court) Whether the activity of the Chitty establishments was constituting any 'cash management' to attract service tax. Held, yes Service Tax on Chitty business - C
Revenue should furnish AIR information received to Assessee
Recently on 24th Aug 2012, ITAT held that Revenue should furnish AIR information received to Assessee - Principles of natural justice Assessee invested in mutual funds along with his wife. The assessing authority, after receiving information from A
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