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.
Showing 1 to 20 of 35 Results
Issue Id: 120907
Dear learned authors, readers, Kindly share your views about manner of computation of 'tax effect' in case of appeals under customs ...
Read Full Issue Customs - Exim - SEZ
Issue Id: 120608
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 Goods and Services Tax - GST
Issue Id: 120606
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 Goods and Services Tax - GST
Issue Id: 117773
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 Other Topics
Issue Id: 116983
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 Other Topics
Issue Id: 115999
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 Income Tax
Issue Id: 2005
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 Income Tax
Issue Id: 1782
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 Income Tax
Issue Id: 1741
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 Income Tax
Issue Id: 1711
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 Income Tax
Issue Id: 1691
'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 Income Tax
Issue Id: 1688
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 Income Tax
Issue Id: 1663
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 Service Tax
Issue Id: 1606
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 Income Tax
Issue Id: 1584
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 Service Tax
Issue Id: 1583
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 Service Tax
Issue Id: 1582
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 Income Tax
Issue Id: 1581
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 Income Tax
Issue Id: 1580
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 Income Tax
Issue Id: 1546
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 Income Tax
316 Replies on 255 Issues
Issue Id: 120925
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 Income Tax
Issue Id: 120907
Dear learned authors, readers, Kindly share your views about manner of computation of 'tax effect' in case of appeals under customs ...
Read Full Issue Customs - Exim - SEZ
Issue Id: 120876
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 Income Tax
Issue Id: 120608
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 Goods and Services Tax - GST
Issue Id: 120606
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 Goods and Services Tax - GST
Issue Id: 117892
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 Service Tax
Issue Id: 116535
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 Other Topics
Issue Id: 116465
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 Income Tax
Issue Id: 116087
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 Income Tax
Issue Id: 116072
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 Income Tax
Issue Id: 116026
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.
Income Tax
Issue Id: 116020
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 Income Tax
Issue Id: 115999
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 Income Tax
Issue Id: 115945
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 Income Tax
Issue Id: 115823
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 Income Tax
Issue Id: 115740
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 Income Tax
Issue Id: 111290
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 Service Tax
Issue Id: 106394
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 Income Tax
Issue Id: 106366
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 Income Tax
Issue Id: 106361
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 Service Tax
Showing 1 to 20 of 1187 Results
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)
Income Tax
Tax audit reporting deadlines should follow the final deduction-payment deadline to enable accurate compliance and avoid incomplete reporting.
Tax audit reporting deadlines are said to be unworkable where Form 3CD requires payment and TDS/TCS particulars up to the income-tax return filing deadline, although the Tax Audit Report must be uploaded earlier. Deductions may depend on payments or deposits made before the return deadline, but final-day information may be unavailable for accurate reporting. Earlier audit-report filing can therefore result in incomplete or qualified reports, revisions, and penalty exposure for delayed filing. (AI Summary)
Income Tax
Actual-payment deductions govern business-income claims, while payment timing, deferred interest, and enterprise dues determine deductibility.
Section 37 of the ITA 2025 permits deductions for specified liabilities only in the tax year of actual payment when computing business or professional income. Covered items include statutory levies, employer welfare contributions, leave encashment, employee bonus or commission, qualifying loan interest, railway-asset payments, and overdue micro or small enterprise dues. Except for enterprise dues, payment by the return-filing due date preserves deduction for the year in which liability arose. Conversion of qualifying interest into a deferred instrument is not actual payment, and sums already deducted cannot be deducted again. (AI Summary)
Income Tax
Tax litigation results show assessee-favouring patterns overall, while revenue proportions increase at higher appellate levels.
Reported litigation results are compared through assessee-favouring and revenue-favouring classifications, with assessee results fixed at one for revenue-to-assessee ratios. Revenue ratios remain below one in overall, Customs, Income Tax, Central Excise, and most GST comparisons, but exceed one at GST advance-ruling levels. Revenue's proportion generally rises from tribunals to High Courts and the Supreme Court. The trend is associated with differences in representation, resources, and the weight of counsel, including persuasiveness, professional standing, expertise, and credibility. (AI Summary)
Other Topics
Customs pre-deposit discretion should be restored to prevent rigid appeal barriers and reduce avoidable writ litigation.
Mandatory pre-deposit in customs appeals requires seven and a half per cent deposit for first appeals and certain Tribunal appeals, and ten per cent for Tribunal appeals against Commissioner (Appeals) orders, subject to an overall cap of rupees ten crores. The post-2014 regime removed appellate discretion to waive or reduce pre-deposit. Restoration of guided discretion is advocated by reference to prima facie merits, applicable precedents, relative case strength, financial capacity, business operations, and hardship affecting continuity and employment. (AI Summary)
Customs - Import - Export - SEZ
Rectification applications require written decisions, while suo motu correction remains discretionary and adverse amendments require prior hearing.
Rectification of mistakes apparent from the record permits income-tax authorities to amend their own orders and specified intimations, but matters considered and decided in appeal or revision are excluded. Suo motu rectification is discretionary. On an application by the assessee, deductor, collector, or, in relevant first-appeal matters, the Assessing Officer, the authority must issue a written order making the amendment or refusing the claim within six months. Adverse amendments require prior notice and a reasonable opportunity of hearing; consequential refunds must be made and demand notices served where liability increases. (AI Summary)
Income Tax
Depreciation eligibility may turn on whether asset use means actual working days or an elapsed period under revised wording.
Depreciation on newly acquired assets is restricted to 50% of the prescribed rate where the asset is acquired during the tax year and put to use for less than 180 days. The 2025 wording omits the expression "for a period" used in the corresponding 1961 provision. While the earlier expression is understood to refer to the elapsed period of use rather than actual working days, the revised wording may support an interpretation based on actual operational days, potentially causing disputes over full-year depreciation eligibility. (AI Summary)
Income Tax
Power undertaking depreciation: actual-cost and terminal-deficiency treatment intersects with a final election for written-down-value depreciation.
Depreciation for power undertakings is calculated on the actual cost of individual assets, with separate written-down values and terminal-depreciation deductions where disposal proceeds fall short and the deficiency is written off. Rule 25 nevertheless permits a timely, irrevocable election for written-down-value depreciation under Appendix I instead of Appendix II from the first power-generation tax year. This raises a question whether the rule-based election is authorised where the statutory provision does not expressly provide for it. (AI Summary)
Income Tax
Mandatory customs pre-deposit: financial-distress accommodation and appeal restoration expose concerns over consistent treatment of diligent appellants.
Mandatory customs pre-deposit under Section 129E is treated as a binding threshold for appeals, with the Commissioner and CESTAT lacking power to admit an appeal without compliance. High Court proceedings may be used to seek judicial consideration of waiver, reduction, or time for payment where financial distress is pleaded. Tecmax received a time-bound opportunity to make the deposit and restore its CESTAT appeal, while Sea Queen, which directly invoked writ jurisdiction claiming inability to pay, was found not to have established an exceptional case. The differing treatment raises concerns about consistent application of financial-distress and exceptional-case standards. (AI Summary)
Customs - Import - Export - SEZ
Government appeal limitation requires strict compliance; routine condonation should cease where departments possess adequate administrative and digital resources.
Government departmental appeals should comply strictly with limitation periods, with condonation of delay treated as exceptional because departments have specialised personnel, legal support, established procedures, and digital facilities for timely filing. Electronic communication, portal-based orders, digital signatures, standard drafting tools, and online filing reduce the force of conventional delay explanations. Portal copies of orders may be used through an appropriate verification framework. Accountable monitoring, merit-based appeal scrutiny, and avoidance of repetitive or settled-issue challenges are necessary to reduce pendency and public expenditure. (AI Summary)
Other Topics
Last-minute valuation references cannot artificially extend assessment limitation where no bona fide valuation purpose is demonstrated.
Last-minute references to a District Valuation Officer under Section 142A, made immediately before assessment limitation under Section 153 expires, may be a colourable exercise where no bona fide valuation requirement exists. Valuation of fixed assets may not be relevant where the actual issue concerns the allowability of depreciation based on ownership or business use. A valid valuation reference requires independent application of mind, cogent material, recorded reasons, and satisfaction of statutory conditions. Timely valuation action is necessary to prevent artificial extension of assessment proceedings. (AI Summary)
Other Topics
Lower and nil TDS certificates require adherence to binding precedent, treaty analysis, changed facts, and timely administration.
Section 197 permits lower or nil tax-deduction certificates where the recipient's total income and applicable domestic law or tax treaty justify that treatment. The officer must apply binding precedent on the same issue and cannot refuse relief merely because the revenue may challenge that precedent. Reconsideration in later years may arise only on materially changed facts, such as a permanent establishment or taxable Indian transactions, after notice and recorded findings. Recipients must make full disclosures and cooperate with enquiries. Administrative systems should enable timely implementation of the applicable legal position without unnecessary fresh applications. (AI Summary)
Income Tax
Recorded satisfaction in the latest assessment order is essential before cash loan or repayment penalties may be initiated.
Penalties for cash acceptance or repayment transactions require recorded satisfaction in the latest operative assessment order that the relevant statutory prohibition has been violated and that penalty action is contemplated. Where an earlier assessment is set aside or annulled, satisfaction recorded in that assessment does not survive as the basis for penalty. A fresh, revised, reassessment, or de novo assessment must independently record the requisite satisfaction. Separate penalty proceedings do not dispense with this jurisdictional requirement. (AI Summary)
Income Tax
Delayed tax payment distinguished from non-payment, preventing automatic penalties and worsening liability after appellate remedies are pursued.
Delayed deposit of Foreign Travel Tax is distinguishable from failure to pay where tax is remitted before a show-cause notice, even if deposited after the prescribed date. The statutory scheme separately imposes interest for delayed payment, while the penalty provision addresses failure to pay. Interest levied or paid for delay is treated as supporting an extended payment period. The prohibition of reformatio in peius prevents an appellant from being placed in a worse position merely for using an appeal or revision remedy. (AI Summary)
Income Tax
AEOI reporting in Form 26AS requires clarification on retrospective timelines, calendar-year coverage, and alignment with financial-year returns.
CBDT authorisation permits uploading AEOI information received under agreements covered by sections 90 and 90A into the Annual Information Statement in Form 26AS. Information for calendar years 2022 to 2024 held on 8 July 2026 is subject to a ninety-day upload period, while 2025 information is to be uploaded within ninety days from the end of its month of receipt. The commentary highlights uncertainty for pre-authorisation 2025 data, calendar-year reporting, and the absence of an express timeline for information from 1 January 2026. (AI Summary)
Income Tax
Section 264 revision cannot substitute for a revised return where a tolerance claim was omitted from self-assessment.
Section 264 revision cannot be used after expiry of the revised-return period to introduce a tolerance benefit omitted from a self-assessed return processed under section 143(1). The competing issue is whether binding appellate precedent requiring a tolerance benefit must be followed by revenue authorities, including in revisionary proceedings and intimation processing. The analysis questions whether revisionary correction remains available where self-assessed income exceeds tax legally payable and whether subsequent legal developments or clarificatory tolerance amendments warrant consideration. (AI Summary)
Income Tax
Low-tax-effect revenue appeals face dismissal when policy exceptions are not timely raised before appellate forums.
National Litigation Policy monetary thresholds restrict departmental customs appeals where the revenue involved falls below the prescribed limit, unless a recognised policy exception is timely invoked. The Tribunal treated the Revenue's appeal as not maintainable because the tax effect was below the applicable threshold. The High Court found no substantial question of law arising from that threshold-based disposal. A subsequently raised policy exception was not entertained because it had not been raised before the High Court. The analysis supports stricter scrutiny of delayed departmental appeals and withdrawal of proceedings barred by low-tax-effect policy. (AI Summary)
Other Topics
Income tax return filing deadline extension is urged because weather disruptions and portal failures impede compliant filing.
Extension of the statutory due date for filing non-audit income-tax returns is advocated because severe weather conditions have disrupted electricity, internet access and timely return preparation. Electronic filing depends on access to portal records, reconciliation of tax information and uploading of returns, but slow or unavailable portal services, failed page access, corrupted or missing saved data, and unreliable connectivity are stated to impede compliance. Lengthy return forms, extensive disclosures, accounting-software difficulties and time-consuming uploads are identified as further reasons for extending the filing deadline. (AI Summary)
Income Tax
Judicial record accessibility requires consistent case indexing, integrated search tools, timely uploads, and transparent counting of pending proceedings.
Judicial record accessibility requires each proceeding to be retrievable through every assigned case identifier, party name, date, bench-related search criteria and free-text search. Searches based on different identifiers, judgment dates, judge names and free text may produce incomplete results or omit relevant orders, while case-status records may contain those same materials. Integrated linking between case-status, order and judgment databases, timely indexing, and transparent pendency-counting criteria are needed to ensure reliable access to judicial records and to distinguish principal proceedings from ancillary applications. (AI Summary)
Other Topics
Fair market value baseline reform would better align long-term capital gains with inflation and replacement costs.
Fair market value baseline reform is urged for long-term capital gains computation by replacing 1 April 2001 with 1 April 2025 as the date from which taxpayers may elect fair market value as cost of acquisition for pre-cutoff capital assets. The proposal is based on the view that cost inflation index increases capture only part of actual inflation and do not adequately support replacement of long-held assets. Periodic index updates are also proposed to align capital gains computation with inflation. (AI Summary)
Income Tax
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07 May 2026 
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