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Tuesday, April 28, 2020

[ACCA_Profs] Imp CDBT Circular On S. 44AB Tax Audit + Articles By Experts On Penalty U/s 271AAA/ 271AAB And TDS U/s 194N On Cash Withdrawals From Bank

 

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The following important updates are available at itatonline.org:

CBDT Circular Reg Tax Audit Report Reporting Requirements U/s 44AB Of the Income-Tax Act

The CBDT has vide Circular No.10 /2020 dated 24th April, 2020 stated that in view of the prevailing situation due to COVID-19 pandemic across the country, the reporting under clause 30C and clause 44 of the Tax Audit Report shall be kept in abeyance till 31 st March, 2021

Analysis Of Penalty Provisions On Undisclosed Income Unearthed During Search Proceedings In The Light Of Some Landmarks Verdicts

CA Nidhi Surana has explained the entire law relating to the levy of penalty on undisclosed income unearthed during search proceedings as contained in sections 271AAA and 271AAB of the Income-tax Act, 1961. She has also pin-pointed the numerous controversies that have arisen under these provisions. She has also referred to all the important judgements on the subject and explained their nuances

ITDS Provision On Cash Withdrawals From Bank – An Invalid Piece Of Legislation

CA Sanjay Mody has raised the interesting question whether section 194N of the Income-tax Act 1961, which provides for deduction of tax at source in respect of cash withdrawal from banks etc, is Constitutionally valid. He has put forward the convincing argument that as a transaction of withdrawal of money by a person from his own bank account cannot give rise to income chargeable to tax, the question of subjecting such a transaction to TDS cannot arise. He has made good his contention by relying on several judgements

See Also: Digest of case laws (updated regularly) containing latest judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals


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Latest:

Equalisation Levy – Thoughts On Constitutional Challenge & More

Advocates Nishant Thakkar, Hiten Chande and Jasmin Amalsadvala have made out a compelling case as to why the Equalisation Levy is constitutionally invalid. The learned authors have explained with the aid of practical examples that the levy has extra-territorial operation and fails the Nexus test and the Object test. They have also argued that the Equalisation levy is nothing but an alternate form to computing and collecting Income-tax and that the provisions of a DTAA must be available for application and due benefit

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