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Articles By: DEV KUMAR KOTHARI

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DATES OF SIGNING OF ASSESSMENT ORDER , COMPUTATION SHEET, DEMAND NOTICE ,PENALTY NOTICE Etc. ARE IMPORTANT – ASSESSMENT ORDER WITH DIRECTIONS OR DECISION MUST PRECEDE ISSUE OF OTHER NOTICES TO BE VALID.
  By: - DEV KUMAR KOTHARI        Dated: March 20, 2023
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Phrase “has reasons to believe” is very important and its significance is well known under various laws and concerns working of authorities in legal and proper manner.
  By: - DEV KUMAR KOTHARI        Dated: March 14, 2023
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Number of cases are multiplied by several type of INTERLOCUTORY APPLICATIONS the system need to be checked to reduce IA and other aspects which cause delay in delivery of justice.
  By: - DEV KUMAR KOTHARI        Dated: March 10, 2023
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Un-necessary litigation and deployment of large team of advocates by Governments causing brain drain, wastage of valuable time of highly learned persons.
  By: - DEV KUMAR KOTHARI        Dated: March 9, 2023
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For simplification and speedier calculations rounding off of income and tax both should be by ignoring paise and other rounding off e.g. rounding off to nearest Rs.10 vide – Section 288A & 288B of Income-tax Act need to be dispensed with.
  By: - DEV KUMAR KOTHARI        Dated: March 7, 2023
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Relaxation from compulsory dematerialisation and extension of last date is desirable
  By: - DEV KUMAR KOTHARI        Dated: February 24, 2023
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Budget 2023 proposal – insulting for tax payers by use of phrase ‘ anti-tax avoidance’ measure in relation to deduction of interest allowed as a beneficial provisions under S.24 and Chapter VIA.
  By: - DEV KUMAR KOTHARI        Dated: February 23, 2023
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Partnership Firms –ignored entity in matter of Income tax. Attention is desired for incentives and lower rate in a balanced manner taking into provisions for Individuals, AOP , BOI and companies
  By: - DEV KUMAR KOTHARI        Dated: February 7, 2023
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Budget - Finance Bill 2023 The new post of Joint Commissioner (Appeals) and related procedures will delay disposal of appeals instead new officers can be appointed / promoted in rank of CIT(A) with policy decision for disposal of small appeals by junior CIT(A).
  By: - DEV KUMAR KOTHARI        Dated: February 3, 2023
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SOME MAJOR ASPECTS MISSED in case of: SWATI BAJAJ AND OTHERS Vs. PCIT - so reconsideration / appeal is desired
  By: - DEV KUMAR KOTHARI        Dated: January 30, 2023
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VIRTUAL COURTS MUST CONTINUE AND OPTION BE PROVIDED FOR HEARING THROUGH VIDEO CONFERENCE – this will save lot of manpower and all type of costs local and other travelling, organizational, administrative and other costs for all and can expedite delivery of justice. Besides virtual courts are environment and health friendly.
  By: - DEV KUMAR KOTHARI        Dated: January 17, 2023
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Locker agreement from 1st January 2022 – agreement on line through websites and apps of bank will be the best way and save time and costs of all concerned and will be environment and health friendly.
  By: - DEV KUMAR KOTHARI        Dated: January 12, 2023
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REPORTING OF SPECIFIED FINANCIAL TRANSACTIONS (SFT) - BANKS etc.- REPORTING OF INTEREST PAID / CREDITED - NO MINIMUM LIMIT VIDE NOTIFICATION 1 OF 2023 05.01.23. even exempted interest paid/ credited will require reporting. Only Jan Dhan account will remain out of reporting.
  By: - DEV KUMAR KOTHARI        Dated: January 11, 2023
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Costs in discretion of Courts must be granted fairly and reasonably and not arbitrarily – a case of imposing costs of Rs. 50 lakh, then reduced to Rs.5 lakh by the same Court – this will promote litigation.
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  By: - DEV KUMAR KOTHARI        Dated: January 9, 2023
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Depreciation – case of Radisson Hospitality about depreciation claimed based on 50% ownership – case not properly explained- may be all relevant and usual documents were not provided .
  By: - DEV KUMAR KOTHARI        Dated: December 29, 2022
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CONDONATION OF DELAY – TIME EXCLUDED UNDER LAW OF LIMITATIONS WILL BE EXCLUDED - The period once excluded, cannot be counted for the purpose of computing the period for which delay can be condoned, so held by the Supreme Court.
  By: - DEV KUMAR KOTHARI        Dated: December 28, 2022
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The honorable Supreme Court while considering Cr.PC and Foods and drugs related laws held that “ The law, is meant to exist as a shield to protect the innocent, rather than it being used as a sword to threaten them.” and “the law must not be used as a tool to harass the accused”.
  By: - DEV KUMAR KOTHARI        Dated: December 27, 2022
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AVOID EXCESSIVE PUBLIC SPENDING ON UN NECESSARY LITIGATION AND ENGAGING EXCESSIVE NUMBER OF COUNSELS.
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  By: - DEV KUMAR KOTHARI        Dated: December 21, 2022
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ADVANCE TAX PAYMENTS – letters from income tax authorities and suggested reply and observations by taxpayers in appreciation and also as grievance, if any.
  By: - DEV KUMAR KOTHARI        Dated: December 20, 2022
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Surrender statements should be viewed with due care and caution particularly if they are against documentary evidences.
  By: - DEV KUMAR KOTHARI        Dated: November 24, 2022
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