DEV KUMAR KOTHARI Profile

DEV KUMAR KOTHARI

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CA DEV KUMAR KOTHARI B.com,Grad.CMA,ACS,FCA. AND CA UMA KOTHARI BA(H), B.muse ,ACMA, ACS,FCA,IP 42 years and 39 years respectively post qualification experience.Expertise in taxation, corporate , mercantile, propery , and general laws. We prefer consultancy and guidance work through review of documents from preliminary stage, interim and final drafting of documents, guidance for preparation for petitions, returns, assessments, appeals, petitions, and re- presentation.Other professionals or executive of client can perform field work departmentally. We extensively use phones,email, tele-conference etc. to discuss and meet mentally. We rarely require physical meeting for work so we can work for clients any where. Please do not contact for audit and attestation matters.

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Issue Id: 120907

Low tax effect in case of customs appeal

Dear learned authors, readers, Kindly share your views about manner of computation of 'tax effect' in case of appeals under customs ... Read Full Issue

Asked by Dev kumar kothari

07 May 2026

4 Replies

770 Views

Issue Id: 120608

GST and ITC on building purchased and intended to be sold while under construction - issues for brain storming.

A trader or investor has entered into agreement with builder and promoter for purchase of some units in a complex or building Construction and ... Read Full Issue

Asked by Dev kumar kothari

21 Nov 2025

9 Replies

2035 Views

Issue Id: 120606

GST on gross or discounted and actual price of supply

General whether, GST should be charged on gross price or actual price charged, after deducting discount allowed - discount may be for reasons like ... Read Full Issue

Asked by Dev kumar kothari

21 Nov 2025

4 Replies

647 Views

Issue Id: 117773

CORRECTION OF TAN IN TDS CHALLAN

During online deposit of TDS mistakenly TAN was wrongly entered by deductor/ depositor say A.Although name of wrong TAN holder (say B) appeared but ... Read Full Issue

Asked by Dev kumar kothari

23 Jan 2022

0 Replies

2331 Views

Issue Id: 116983

Income tax department website- my account

When we log into my account, we get a message about last log in, if there is any.My query is as follows:Whether we can know :a. various dates of ... Read Full Issue

Asked by Dev kumar kothari

28 Jan 2021

1 Reply

1388 Views

Issue Id: 115999

DOMESTIC COMPANY ...has made prescribed arrangements to declare dividend

In section 2.22A of IT Act, and also in various Finance Act / Bill for example recent Finance Bill 2020 also we find meaning / definition of domestic ... Read Full Issue

Asked by Dev kumar kothari

09 Feb 2020

2 Replies

3497 Views

Issue Id: 2005

Capital asset- stock-in-trade

For brain storming: Does the A.O. has jurisdiction and power to treat a 'capital asset' as stock-in-trade? In my view -no. Every property is a ... Read Full Issue

Asked by Dev kumar kothari

22 Jun 2010

1 Reply

6557 Views

Issue Id: 1782

Whether payment made to transporters is exempt u/s 194C, if PAN is furnished

194C- exemption on furnishing of PAN is only to payment made to contractor in course of specified business and not in all cases. It seems that there ... Read Full Issue

Asked by Dev kumar kothari

17 Feb 2010

3 Replies

13806 Views

Issue Id: 1741

Honorarium vs Professional Fees

HONORARIUM VIS A VIS PROFESSIONAL FEES -REVISED ISSUE TO SEEK MORE VIEWS Fees is for services renderd on request and authorization by the client. It ... Read Full Issue

Asked by Dev kumar kothari

30 Jan 2010

1 Reply

55855 Views

Issue Id: 1711

Clarification - S.40a(ia)- 'any subsequent year'

Proviso to S.40a(ia)- 'any subsequent year' vis a vis year in which tax is paid- see the likely controversy: Provided that where in respect of any ... Read Full Issue

Asked by Dev kumar kothari

16 Jan 2010

1 Reply

2182 Views

Issue Id: 1691

Clarification - 'Professional fees', 'Technical fees' & 'HonorariumFees'

'professional fees', 'technical fees' are different from honorarium. Fees is for services renderd on request and authorization by the client. It is ... Read Full Issue

Asked by Dev kumar kothari

09 Jan 2010

1 Reply

8126 Views

Issue Id: 1688

Tds deducted but not paid

Many small business persons have been shocked by disallowance u/s 40 (a)((ia). The tax was not deducted, as in past, the payees ahve no taxable ... Read Full Issue

Asked by Dev kumar kothari

08 Jan 2010

2 Replies

2159 Views

Issue Id: 1663

Service tax applicability on commission received

Amways- their dealers/ agents or franchisee are reselling goods on Amway and get profit margin as dealer woul dget depending on volumes generated by ... Read Full Issue

Asked by Dev kumar kothari

21 Dec 2009

1 Reply

20785 Views

Issue Id: 1606

Clarification - section 50c

Whether Section 50C, can correspondingly be applied in hands of buyer of property, and an addition can be amde u/s 69, 69A or 69B or 69C. some A.O. ... Read Full Issue

Asked by Dev kumar kothari

16 Nov 2009

1 Reply

2010 Views

Issue Id: 1584

Renting of Immovable Property

Service tax notifications are issued at Delhi and they are applicable all over India. The issuign authority is GOI or Board. If a notification is ... Read Full Issue

Asked by Dev kumar kothari

03 Nov 2009

1 Reply

1265 Views

Issue Id: 1583

Chargiability of service tax

One of essential condition for levy of service tax is that there should be a sperivce provided by one person and the service should be received / ... Read Full Issue

Asked by Dev kumar kothari

03 Nov 2009

1 Reply

2665 Views

Issue Id: 1582

Books or books of accounts

From Income-tax Act 1961 Definitions. 2. In this Act, unless the context otherwise requires,— xxxx [(12A) "books or books of account" includes ... Read Full Issue

Asked by Dev kumar kothari

03 Nov 2009

1 Reply

1576 Views

Issue Id: 1581

Items used in business provided on rent - depreciation allowance

Jewellery, silver utensils used in business of providing them on rent can be considered as 'plant' eligible for depreciaiton. In such business they ... Read Full Issue

Asked by Dev kumar kothari

03 Nov 2009

1 Reply

2385 Views

Issue Id: 1580

Income from other sources

Any organized activity carried in a systematic manner is regarded as a business activity.Income earned from any business operation in different ... Read Full Issue

Asked by Dev kumar kothari

03 Nov 2009

2 Replies

2056 Views

Issue Id: 1546

Clarification - agriculture income

Relevant provisions: Indian Constitution, I.T.Act, I.T.Rules in relation to agricultural income. Whether, any provision which has effect of amending ... Read Full Issue

Asked by Dev kumar kothari

15 Oct 2009

1 Reply

1355 Views

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316 Replies on 255 Issues

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Issue Id: 120925

Revision u/s 264 Passed Without Waiver of Appeal Rights - Whether Appeal Before CIT(A) Still Maintainable

Dear Experts, An assessee filed revision u/s 264 during the period available for filing appeal before CIT(A) and without waiving the statutory ... Read Full Issue

Asked by Fahiyaz ahmmed

19 May 2026

1 Reply

894 Views

Issue Id: 120907

Low tax effect in case of customs appeal

Dear learned authors, readers, Kindly share your views about manner of computation of 'tax effect' in case of appeals under customs ... Read Full Issue

Asked by Dev kumar kothari

07 May 2026

1 Reply

770 Views

Issue Id: 120876

Renewal of registration u/s.12A and approval u/s. 80G - Apply of Income tax Act, 1961 and Income tax Rules 2026 (New Forms)

Respected Sir My one of the client is Charitable Trust, who has registered u/s. 12A and also approved u/s.80G of the Income tax Act, 1961 and also ... Read Full Issue

Asked by Priyam khambhata

17 Apr 2026

1 Reply

3964 Views

Issue Id: 120608

GST and ITC on building purchased and intended to be sold while under construction - issues for brain storming.

A trader or investor has entered into agreement with builder and promoter for purchase of some units in a complex or building Construction and ... Read Full Issue

Asked by Dev kumar kothari

21 Nov 2025

4 Replies

2035 Views

Issue Id: 120606

GST on gross or discounted and actual price of supply

General whether, GST should be charged on gross price or actual price charged, after deducting discount allowed - discount may be for reasons like ... Read Full Issue

Asked by Dev kumar kothari

21 Nov 2025

1 Reply

647 Views

Issue Id: 117892

TDS deducted under 94J but engagement letter is of employment

One tax payer filed ITR-3 claiming gross receipts under Income from Profession because the employer deducted TDS u/s 194J . However, the letter of ... Read Full Issue

Asked by Deepak bubna

05 Apr 2022

1 Reply

5269 Views

Issue Id: 116535

PROFESSIONAL TAX

I would like the experts and professional to kindly clarify, if a company has multiple offices / godown in a state, then what would be the ... Read Full Issue

Asked by Jsw cementlimited

13 Jul 2020

1 Reply

4674 Views

Issue Id: 116465

TAX ON GIFT OF MONEY BY FATHER TO DAUGHTER LIVING IN USA(NRI)

Dear All, I want to know that whether tax is levied on recipient of gift from relative in India with effect from Finance Act, 2019.?? I heard ... Read Full Issue

Asked by Nishant shah

10 Jun 2020

1 Reply

6224 Views

Issue Id: 116087

Meaning of effective date

Sir, What is the meaning of an income tax amendment coming into force with effect from 1 st April 2020 i.e.fy 2020-2021 or ay 2020-2021 ? and an ... Read Full Issue

Asked by Kantipudi satyanarayana

02 Mar 2020

1 Reply

8938 Views

Issue Id: 116072

Is the Revised Monetary Limits applicable to Assessee's Appeals?

Dear Experts, Please refer Circular No.17/2019 dated 8th August 2019 issued by Central Board Direct Taxes, Judicial Section to enhance Monetary ... Read Full Issue

Asked by Gvenugopal g

26 Feb 2020

1 Reply

1439 Views

Issue Id: 116026

HRA clarification

I am co coapplicant for a housing loan with my mother, but the property is on her name.Can I claim HRA for the property as rented out to me.

Asked by Ps s

16 Feb 2020

1 Reply

1930 Views

Issue Id: 116020

Hoe to file return of AOP

PAN card has been obtained in the name xyz & others. PAN no. is AAEAS0219C.It is an AOP where shares are determined. AOP has rental and ... Read Full Issue

Asked by Gopal harlalka

14 Feb 2020

1 Reply

2140 Views

Issue Id: 115999

DOMESTIC COMPANY ...has made prescribed arrangements to declare dividend

In section 2.22A of IT Act, and also in various Finance Act / Bill for example recent Finance Bill 2020 also we find meaning / definition of domestic ... Read Full Issue

Asked by Dev kumar kothari

09 Feb 2020

1 Reply

3497 Views

Issue Id: 115945

Capital Gains on Sale of Reverse Mortgaged Property

This is query regarding Capital Gains on Sale of Reverse Mortgaged Property to settle the loan. The Reverse Mortgage connected with Insurance Company ... Read Full Issue

Asked by Rocky k

28 Jan 2020

1 Reply

1655 Views

Issue Id: 115823

Intentionally employer deducting tax even after accepting proofs

HiI am working at XXX. I have resigned and my last day here is 31st Dec 2019. I have submitted PPF and HRA receipts to employer, they have approved ... Read Full Issue

Asked by Sachin erande

29 Dec 2019

1 Reply

1587 Views

Issue Id: 115740

Can cost of improvement be in cash?

I've done expenses such as fencing, lighting, and various other expenses amounting to say ₹ 3 lac all in raw cash? is any disallowance or ... Read Full Issue

Asked by Amey sharma

04 Dec 2019

1 Reply

3967 Views

Issue Id: 111290

Service tax onTea plantation

Dear Sir please guide me weather the following work is exempted or taxable under service tax act:01. Cutting and removing guatamala for plantating ... Read Full Issue

Asked by Ramkishore gupta

30 Dec 2016

1 Reply

4529 Views

Issue Id: 106394

Calculation of Capital Gain in case plot is alloted by Govt. and payment made in installments.

The facts of the case are as Follows: Assessee was alloted a plot on 15/06/1999 Initial money paid Rs.1400000 Installments Paid on different ... Read Full Issue

Asked by Ankur simghal

07 Jan 2014

1 Reply

13857 Views

Issue Id: 106366

SECTION 44AA (Audit Reqired)

DEAR EXPERT If we are maintaIn Books of Account as per Income Tax Act section 44AA and our Books profit Show less Than 8 percent can audit ... Read Full Issue

Asked by Mayur dodiya

30 Dec 2013

1 Reply

4970 Views

Issue Id: 106361

Services Taxable w.e.f July 2012

Hello, Service Tax regime has changed w.e.f. July 2012. Under the new regime, all the services are covered other than those mentioned in the ... Read Full Issue

Asked by Nexdigm idt

27 Dec 2013

1 Reply

1809 Views

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Provisions relating to income on receipt of capital asset or stock-in-trade by specified person from specified entity as per S.8 of ITA 2025 and S.9B of ITA 1961

Deemed transfers on dissolution or reconstitution tax entities when partners or members receive capital assets or stock-in-trade.
Receipt of a capital asset or stock-in-trade by a specified person from a specified entity in connection with its dissolution or reconstitution gives rise to a deemed transfer by the entity. The transfer is deemed to occur in the tax year or previous year in which the person receives the asset, even if an actual transfer occurred earlier. Profits and gains are treated as the entity's income for that year and charged as business income or capital gains. The asset's fair market value on receipt is deemed to be the full value of consideration. (AI Summary)

Written by Dev kumar kothari

03 Nov 2026

Charge of income-tax vide S.4 of ITA 2025 and S.4 of ITA 1961 analysis and observations.

Income-tax charge provisions align tax-year liability while expressly including source collection, leaving self-assessment and direct payment questions.
Section 4 of the Income-tax Act, 2025 charges income-tax on each person's total income for the tax year at rates enacted by a Central Act and includes additional income-tax. It also provides for tax deduction at source, tax collection at source, and advance tax. The comparable 1961 provision uses the assessment-year and previous-year framework and does not expressly mention tax collection at source. Neither charging provision specifically refers to self-assessment tax or direct payment, which are separately addressed under other provisions, raising a question concerning their levy and collection. (AI Summary)

Written by Dev kumar kothari

30 Oct 2026

Power to withdraw approval in ITA 2025 and ITA 1961 compared and few aspects discussed.

Approval withdrawal powers permit revocation after recorded reasons and a meaningful opportunity for taxpayers to respond.
Under the Income-tax Act, 2025, the Central Government, the Board, or an income-tax authority empowered to grant an assessee's approval may withdraw it at any time, even without an express withdrawal power in the underlying provision. Withdrawal requires recorded reasons and a reasonable opportunity of being heard. The corresponding 1961 provision has broadly the same effect, although its requirements for reasons and an opportunity to show cause are placed in a proviso. (AI Summary)

Written by Dev kumar kothari

28 Oct 2026

Taxable income from manufacture of rubber, coffee and tea by manufacturer by use of raw rubber, coffee, and tea cultivated in his land ( own agricultural produce)

Composite agricultural and business income: own-grown rubber, coffee and tea attract prescribed taxable business-income proportions after manufacture.
Rule 271 apportions composite income from own-grown rubber, coffee and tea that is manufactured or processed for sale. The prescribed portion is deemed taxable business income, while the balance retains its agricultural-income character. Products manufactured from raw rubber, coffee or tea procured from other cultivators generate wholly taxable business income. Business-income computation permits cultivation, manufacturing, marketing and selling expenses. Replacement planting costs for non-abandoned areas are allowable without reducing exempt replanting subsidy. (AI Summary)

Written by Dev kumar kothari

27 Oct 2026

Determination of income, being partly from agricultural and partly from business under rule 270 ITR 2025 and rule 7 of ITR 1962 (Other than rubber, coffee and tea)

Market valuation of agricultural produce governs deduction from business income when farm output is used or recorded in business accounts.
Partly agricultural and partly business income permits deduction of the market value of agricultural produce used as business raw material or whose sale receipts are included in business accounts. Market value is ordinarily based on average market price; where no ordinary sale occurs, it comprises cultivation expenses, land revenue or rent, and reasonable profit determined by the Assessing Officer. No further deduction is available for expenditure incurred as cultivator or receiver of rent-in-kind. The framework excludes rubber, coffee and tea, which are subject to separate provisions. (AI Summary)

Written by Dev kumar kothari

26 Oct 2026

Agricultural Income as per ITA 2025 vis a vis ITA 1961- a discussion of comparative provisions in different style of drafting.

Agricultural income definition: use of "a land" may require parcel-wise assessment and create interpretive uncertainty.
Income-tax Act, 2025 retains the exhaustive agricultural-income categories of rent or revenue from agricultural land, cultivation income, specified market-preparation processes, qualifying produce sales, connected building income, and nursery saplings or seedlings. It excludes non-agricultural use of qualifying land or buildings and transfers of specified urban agricultural land. The principal interpretive concern is replacing "land" with "a land", which may support parcel-wise assessment, while the singular may also be read as including multiple plots. (AI Summary)

Written by Dev kumar kothari

24 Oct 2026

CBDT Circular regarding compulsory Selection of returns for Complete Scrutiny during the Financial Year 2026-27.

Compulsory complete scrutiny criteria channel survey, search, reassessment, exemption, recurring-addition, and tax-evasion cases into designated assessment workflows.
Compulsory selection for complete scrutiny during FY 2026-27 covers returns involving surveys, searches or requisitions, reassessment proceedings, withdrawn registrations or approvals of exempt entities, qualifying recurring additions, and specific tax-evasion information. Selection may be undertaken through the Systems Directorate, Jurisdictional Assessing Officers, Central Charges, or the National Faceless Assessment Centre, depending on the parameter. Supporting documents must be uploaded for specified reassessment, exemption, recurring-addition, and tax-evasion cases. International Taxation and Central Charges retain their selected cases outside the faceless stream. The framework does not specify how the assessee will be informed of the scrutiny basis or scope. (AI Summary)

Written by Dev kumar kothari

19 Oct 2026

Sugar exports -policies which seems short -term and need to be long-term for benefit of sugar cane farmers, sugar manufacturers and sugar consumers. Certanities and easein business are also required

Sugar export policy certainty requires simplified quota procedures and stable long-term rules for producers, farmers, and consumers.
Sugar export controls may move between restricted and prohibited treatment, with the 2026 prohibition for raw, white and refined sugar preserving exceptions for European Union and United States quota exports, Advance Authorization Scheme exports, government-permitted food-security exports, and consignments already in the physical export pipeline. The transitional arrangement is excluded, and the policy reverts to restricted treatment if the prohibition is not extended. Quota exports remain subject to quantitative ceilings, certification, reporting, and implementing-agency procedures, while organic sugar exports require prescribed certification and are subject to an annual ceiling. (AI Summary)

Written by Dev kumar kothari

19 Oct 2026

S.80M Deduction for dividend paid out of eligible dividends earned by companies- time available is up to 19.10.2026 for AY 2026-27. S.148 of ITA 2025 is also compared and wider possibilities explored

Inter-corporate dividend deduction requires timely onward distribution, limits relief to qualifying income, and prevents duplicate claims across tax years.
A domestic company may claim an inter-corporate dividend deduction for qualifying dividends received from domestic or foreign companies or business trusts, limited to dividends distributed within the prescribed period. Under the 2025 Act, distribution must be made at least one month before the return-filing due date. The corrected safe distribution date identified for an audit-case return due on 21 November 2026 is 20 October 2026. The same distributed dividend cannot generate a deduction in another tax or previous year. (AI Summary)

Written by Dev kumar kothari

17 Oct 2026

1 Reply

Capital cost of animals is not allowed during productive life.Terminal deduction is allowed. Real income is not computed during and after productive life of animals real need to allow depreciation

Depreciation for productive animals should replace terminal-only deductions to align taxable business income with real income.
Animals used in business otherwise than as stock-in-trade receive a terminal deduction when they die or become permanently useless, equal to actual cost less disposal or carcass realisation. No depreciation is available during their productive use. This approach is criticised as inconsistent with real-income computation because capital cost is not recovered while the animal generates revenue. Depreciation through a block-of-assets framework is proposed for long-lived business animals, based on their reasonably estimable commercial life, changing productive capacity, and alternative commercial uses. (AI Summary)

Written by Dev kumar kothari

13 Oct 2026

Income tax Act of 2025 and 1961 about income including dividend deemed to be received under two enactments- an analysis.

Deemed income and dividend timing under the revised income-tax framework may prompt fresh interpretive disputes despite similar operation.
Income deemed to be received includes prescribed recognised provident-fund accretions, transferred provident-fund balances, and specified employer or Central Government pension contributions. Specified dividends are treated as income in the tax year when declared, distributed, or paid, while interim dividends are income when unconditionally made available to the entitled member. Differences in drafting may require fresh interpretation, and deeming rules may create timing mismatches where income is accounted for or realised in a later year. (AI Summary)

Written by Dev kumar kothari

10 Oct 2026

Income Tax Act of 2025 and 1961 - Apportionment of income between spouses governed by Portuguese Civil Code compared and analysed.

Spousal income apportionment under community property rules requires equal allocation of non-salary income while taxing salaries to actual earners.
Spouses governed by the Portuguese community of property system are assessed separately rather than as an association of persons or body of individuals. Income under heads other than Salaries is apportioned equally and included in each spouse's total income. Salary income is taxable only to the spouse who actually earns it. Individual returns are filed under the ordinarily applicable prescribed forms, with Schedule 5A in ITR-2 and ITR-3 recording relevant spouse information. (AI Summary)

Written by Dev kumar kothari

09 Oct 2026

1 Reply

Discrimination in deductions of sums covered us 43B and payment of TDS/TCS within different last dates for filing ITR. An option can be allowed to non-audit cases to make estimated claim for payments.

Differential deduction deadlines may disadvantage non-audit taxpayers, prompting estimated claims with subsequent adjustment for unpaid statutory liabilities.
Differential income-tax-return due dates affect the period available to claim deductions for outstanding statutory sums under section 43B and to deposit TDS/TCS. Business taxpayers filing on a presumptive or non-audit basis face an earlier deadline than audit and transfer-pricing cases, creating a shorter payment window. A proposed corrective mechanism would permit an estimated deduction claim for qualifying payments expected by a later specified date, with a corresponding disallowance in the following year for amounts not paid. (AI Summary)

Written by Dev kumar kothari

08 Oct 2026

HIGHER AND SUBORDINATE AUTHORITIES AFTER RECENT AMENDEMENT -analysed to show that multiple designations are in practice. These need reduction and simplification to avoid litigation.

Income-tax authority hierarchy preserves assessment and appellate discretion while updated reporting relationships clarify first-appellate supervisory subordination.
Section 118 enables the Board to establish administrative subordination among income-tax authorities based on functional jurisdiction, territorial jurisdiction and assigned work. The hierarchy runs from the Central Board of Direct Taxes through principal, director, commissioner, deputy, assistant, officer, recovery and inspector levels. The amended appellate arrangement places Joint Commissioners (Appeals) and Additional Commissioners (Appeals) under Principal Chief Commissioners and Chief Commissioners. Administrative control cannot dictate a particular assessment or case disposal and must preserve the discretion of first appellate authorities. (AI Summary)

Written by Dev kumar kothari

07 Oct 2026

Condonation of delay (COD) petition of revenue liberally allowed by HC. Appeal of assessee dismissed by SC- a case of weak rejoinder and weak objection and representation of assessee to contest COD

Condonation of delay requires proven sufficient cause, with digital systems heightening scrutiny of routine administrative explanations in revenue appeals.
Condonation of delay in a Revenue income-tax appeal was granted for a 341-day delay attributed to an inter-state transfer of jurisdiction, reconciliation of judicial records, and multi-level administrative scrutiny. Applying a pragmatic approach to sufficient cause, the delay was treated as bona fide despite objections that government litigation receives no privileged limitation treatment. The article emphasises that respondents should test every stage of delay through documentary proof, particularly where electronic records and e-filing reduce the force of routine file-movement explanations. (AI Summary)

Written by Dev kumar kothari

05 Oct 2026

Rule making powers under The Income Tax- Act of 2025 and 1961 analysed and discussed.

Delegated income-tax rule-making powers preserve broad administrative authority while changed drafting may invite disputes over specific rules.
Section 533 confers broad Board rule-making power, subject to Central Government control, for implementing the Income-tax Act, 2025. It covers income determination, non-resident and composite income, perquisites, depreciation, anti-avoidance rules, taxpayer identification, electronic returns, reports, appeals, refunds, interest, foreign-tax relief, and prescribed procedures. Retrospective rules may operate only from the Act's commencement and cannot prejudicially affect assessees unless expressly or necessarily implied. The analysis identifies possible disputes over whether the specifically worded depreciation power supports rules for intangible assets or depreciation based on actual cost. (AI Summary)

Written by Dev kumar kothari

01 Oct 2026

Rectification of orders by income-tax authority on an application - passing of order is mandatory. In case of no objection and no rejection it can be deemed to have been allowed applying SC ruling.

Mandatory written rectification orders require timely decisions on taxpayer applications, with non-disposal argued to imply allowance.
Rectification provisions are treated as requiring the competent income-tax authority to issue a written order making an amendment or refusing an application by an assessee, deductor, collector, or specified appellate applicant. The order must be passed within six months from the end of the month of receipt, subject to the four-year amendment limitation and statutory exceptions. Adverse amendment requires notice and a reasonable hearing. By analogy with deemed registration following non-disposal of a statutory application, non-disposal of a rectification application without objection or rejection is argued to permit deemed allowance. (AI Summary)

Written by Dev kumar kothari

30 Sep 2026

SCOPE OF TOTAL INCOME VIDE SECTION 5 OF Income Tax Act, 2025 AND section 5 of Income Tax Act, 1961 is similar in impact though some expressions are used in different style.

Scope of total income remains substantially aligned, preserving resident and non-resident taxation rules while recasting provisions structurally.
Section 5 of the Income-tax Act, 2025 substantially retains the scope-of-total-income framework under the Income-tax Act, 1961. Residents are taxable on Indian receipts, Indian accruals, and foreign accruals, subject to the restricted inclusion of foreign income for persons who are not ordinarily resident. Non-residents are taxable on Indian receipts and Indian accruals. Foreign income is not deemed received merely because it appears in an Indian balance sheet, and income included on accrual cannot be included again on receipt. (AI Summary)

Written by Dev kumar kothari

30 Sep 2026

Eligible business of eligible startup - S.140 and S.80-IAC of Income-tax Act 2025 and 1961 respectively analysed.

Eligible startup deduction permits full profit relief for an elected consecutive period, subject to business, machinery, audit and valuation conditions.
Section 140 permits an eligible start-up to claim a full deduction of profits derived from eligible business for any chosen three consecutive tax years within ten years of incorporation. Eligibility requires a qualifying company or limited liability partnership engaged in innovation-oriented or scalable business, compliance with incorporation, turnover and certification conditions, and restrictions on reconstruction and use of previously used machinery. The deduction requires audited accounts and timely audit reporting, with eligible-business profits computed independently and internal transfers valued at market value or an arm's length basis where applicable. (AI Summary)

Written by Dev kumar kothari

29 Sep 2026

TAR- SOME INFORMATION UP TO LAST DATE TO FILE ITR IS TO BE REPORTED -IMPOSSIBLE TO FILL IN SUCH INFORMATION SO TIME MUST BE EXTEND TO UPLOAD TAX AUDIT REPORT till 15 days after last date for ITR.

Tax audit reporting deadlines should follow deduction-payment cut-offs to prevent incomplete filings, revisions, and avoidable penalty exposure.
Tax Audit Report deadlines are criticised where prescribed disclosures include payments and tax deposits that may be made until the later income-tax return deadline. This timing mismatch may prevent complete reporting, cause qualified or revised audit reports and returns, and expose assessees to delayed-filing penalty proceedings. The analysis invokes impossibility-of-compliance principles and proposes fixing the payment cut-off before the Tax Audit Report deadline, with sufficient time thereafter for accurate reporting and return filing. (AI Summary)

Written by Dev kumar kothari

29 Sep 2026

1 Reply

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DEV KUMAR KOTHARI

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