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DCIT vs. JSW Limited (ITAT Mumbai)
Rule 34(5) of the ITAT Rules provides that "ordinarily" the order on an appeal should be pronounced within no more than 90 days from the date of concluding the hearing. A pedantic view of the rule cannot be taken. The period of 90 days should be computed by excluding at least the period during which the lockdown due to Covid-19 was in force. We must factor ground realities in mind while interpreting the time limit for the pronouncement of the order. Law is not brooding omnipotence in the sky. It is a pragmatic tool of the social order. The tenets of law being enacted on the basis of pragmatism, and that is how the law is required to interpreted In the light of the above discussions, we are of the considered view that rather than taking a pedantic view of the rule requiring pronouncement of orders within 90 days, disregarding the important fact that the entire country was in lockdown, we should compute the period of 90 days by excluding at least the period during which the lockdown was in force. We must factor ground realities in mind while interpreting the time limit for the pronouncement of the order. Law is not brooding omnipotence in the sky. It is a pragmatic tool of the social order. The tenets of law being enacted on the basis of pragmatism, and that is how the law is required to interpreted. The interpretation so assigned by us is not only in consonance with the letter and spirit of rule 34(5) but is also a pragmatic approach at a time when a disaster, notified under the Disaster Management Act 2005, is causing unprecedented disruption in the functioning of our justice delivery system
Taxability Of Rental Income From Let Out Property – A COVID-19 Complexity U/s 23 Of The Income-tax Act, 1961
Advocate Anuj Kisnadwala has raised the interesting and relevant question as to whether, if the landlord gives the tenant a concession in the rent owing to the Covid-19 hardship, he is entitled to claim that he should be taxed only the rent actually received and not on the contracted rent. He has referred to the relevant judgements and also offered valuable guidance on the documentation that the landlord should maintain to be able to argue his case successfully before the authoritiesAn Approach To Virtual Permanent Establishment (VPE) And Taxation Of Electronic Commerce Transactions
CA. Dushyant Maharishi has pointed out that Globalization has provided multinational corporations with opportunities to minimize their tax burden through 'Electronic Commerce'. This has led to Countries like India seeking to tax such transactions through the concept of "Virtual Permanent Establishment" and "Equalisation Levy". He has explained these concepts with reference to the statutory provisions and also the several judgements on the point 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
Hindu Undivided Family – Some Issues
CA. Pankaj Agrwal has raised several interesting and important questions relating to the law governing a Hindu Undivided Family (HUF). He has provided a detailed explanation of section 6 of the Hindu Succession Act, 1956 and also referred to all the landmark judgements of the Supreme Court which have interpreted the law
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