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Articles By: DEVKUMAR KOTHARI |
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Income though chargeable under head other than business income can still be income from business for accounting and some tax purposes under some provisions.
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By: - DEVKUMAR KOTHARI
Dated:
March 30, 2024
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CA UMA KOTHARI
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Natural honey - Minimum Export Price (MEP) fixed @ US$ 2000 per Metric Ton – no justification given means an arbitrary decision.
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By: - DEVKUMAR KOTHARI
Dated:
March 19, 2024
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Share valuation fees claimed as business expenditure. CIT(A) allowed under head capital gains. Ground not pressed in quantum appeal by assessee. Penalty imposed deleted. – case of unnecessary litigation by revenue against Tata Industries Ltd.
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By: - DEVKUMAR KOTHARI
Dated:
March 2, 2024
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Case study suggesting need of streamlining court procedures for expediting justice and to reduce number of cases.
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By: - DEVKUMAR KOTHARI
Dated:
February 26, 2024
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IN JUDGMENTS USE OF EXPRESSIONS LIKE ‘FELL INTO GRAVE ERROR’ IS NOT DESIRABLE IN VIEW OF COMPLEXITY OF LAWS – a point of view.
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By: - DEVKUMAR KOTHARI
Dated:
February 20, 2024
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Learning from recently reported judgment in case of M/S. PASARI CASTING AND ROLLING MILLS PRIVATE LTD.
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By: - DEVKUMAR KOTHARI
Dated:
February 15, 2024
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To save time of honourable Courts and enable quick justice -Need for provisions to authorise officers to recall order when notice, order was not served and noticee / addressee was not aware of the same or was prevented by sufficient cause to make responses.
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By: - DEVKUMAR KOTHARI
Dated:
February 14, 2024
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COURT OFFICERS ARE DUTY BOUND AND MUST ASSIST COURTS / JUDGES IN RENDERING EXPEDITIOUS JUSTICE, AND NOT DELAY AND MISLEAD COURTS.Surprising two orders of High Court on same ITA , indicating very poor state of administration in High Court and unfortunate and irresponsible behavior and actions of Court Officers including Standing Counsel and Senior Counsels leading case up to the Supreme Court in case of CIT Vs. ITC Ltd.
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By: - DEVKUMAR KOTHARI
Dated:
February 13, 2024
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POWERS of revision U.S. 264 OF Pr.CIT/ CIT are wider and condonation of delay is to be liberal to advance the purpose of justifiable orders etc.
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By: - DEVKUMAR KOTHARI
Dated:
January 30, 2024
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Document Identification Number (DIN) up dates for brain storming and gaining further knowledge and experience from learned other authors and readers .
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By: - DEVKUMAR KOTHARI
Dated:
January 2, 2024
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Avoidance of disputes.Option exercised in ITR form is essential and can be considered as such. However, if in any provision of the Act or Rules, there is requirement to exercise any option, it should also be made in prescribed form, if any , otherwise in suitable manner in writing before specified time to avoid disputes. A study in view of recent judgment of the Supreme Court
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By: - DEVKUMAR KOTHARI
Dated:
December 30, 2023
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Request for issue of directions to condone delay in filing of From 10-IC u/s 115BAA for all years. And to apply Circular no. 19/2023 dt. 23.10.2023 to al years inluding first year i.e. AY 2020-21
1 Comment
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By: - DEVKUMAR KOTHARI
Dated:
December 22, 2023
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Provision for withdrawal of exemption vide sub-section (8) of S.10B considered as provision for exemption by the assessee Wipro by following wrong approach. Possiblity of proper remedy by way of petition for reconsideration of the judgment of the Supreme Court may be explored by Wipro.
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By: - DEVKUMAR KOTHARI
Dated:
December 21, 2023
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Budget 2024: Some suggestions for amendment / clarification on S.80-IAC related to eligible Start-up.
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By: - DEVKUMAR KOTHARI
Dated:
December 20, 2023
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Notice must be correct, complete and unambigous to enable noticee to respond to it properly, otherwise opprotunity to respond properly is not allowed and notice and consequent proceeding and orders can be held void.
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By: - DEVKUMAR KOTHARI
Dated:
December 19, 2023
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For easy life of senior citizens - need to liberlize exemption from advance tax payable.
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By: - DEVKUMAR KOTHARI
Dated:
December 16, 2023
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Timely compliance is important. File Returns and forms timely to avoid definite losses and contingencies due to late filing. Condonation of delay , even if allowed by CBDT may not be final.
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By: - DEVKUMAR KOTHARI
Dated:
November 27, 2023
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S.115BAA and Form 10- IC – relaxation to file Form 10-IC recent circular must apply to all years and not only AY 2021-22 in fact it can be said that the filing of Form 10 IC is superficial because ITR form itself provide for exercise of option and that option creates a substantive right.
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By: - DEVKUMAR KOTHARI
Dated:
November 21, 2023
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There must be real protection of investors instead of harming investors by adopting practices that help company management and rob fortunes of investors.
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By: - DEVKUMAR KOTHARI
Dated:
October 28, 2023
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First return of income of newly incorporated company or firm for period from date of incorporation to 31st March of calendar year situation in which there is no income or loss and there is no source of income- mandatory provision to file ITR for each year by a company or firm.
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By: - DEVKUMAR KOTHARI
Dated:
October 17, 2023
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