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Articles By: DEVKUMAR KOTHARI

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GST COLLECTION – NET COLLECTION DESERVE PUBLICATION/ REPORTING INSTEAD OF GROSS COLLECTION – there may be huge liability of ITC for various reasons.
  By: - DEVKUMAR KOTHARI        Dated: April 23, 2024
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Judgment about Employees Contributions - in case of Checkmate Services P/ Ltd (SC) – need reconsideration – part 2 – WORDS NOT FOUND IN PROVISIONS BUT ADDED BY THE COURT
  By: - DEVKUMAR KOTHARI        Dated: April 2, 2024
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Income though chargeable under head other than business income can still be income from business for accounting and some tax purposes under some provisions.
  By: - DEVKUMAR KOTHARI        Dated: March 30, 2024
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  Co-Author: CA UMA KOTHARI       View Profile
 
Natural honey - Minimum Export Price (MEP) fixed @ US$ 2000 per Metric Ton – no justification given means an arbitrary decision.
  By: - DEVKUMAR KOTHARI        Dated: March 19, 2024
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Share valuation fees claimed as business expenditure. CIT(A) allowed under head capital gains. Ground not pressed in quantum appeal by assessee. Penalty imposed deleted. – case of unnecessary litigation by revenue against Tata Industries Ltd.
  By: - DEVKUMAR KOTHARI        Dated: March 2, 2024
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  Co-Author: CA UMA KOTHARI       View Profile
 
Case study suggesting need of streamlining court procedures for expediting justice and to reduce number of cases.
  By: - DEVKUMAR KOTHARI        Dated: February 26, 2024
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  Co-Author: CA UMA KOTHARI       View Profile
 
IN JUDGMENTS USE OF EXPRESSIONS LIKE ‘FELL INTO GRAVE ERROR’ IS NOT DESIRABLE IN VIEW OF COMPLEXITY OF LAWS – a point of view.
  By: - DEVKUMAR KOTHARI        Dated: February 20, 2024
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  Co-Author: CA UMA KOTHARI       View Profile
 
Learning from recently reported judgment in case of M/S. PASARI CASTING AND ROLLING MILLS PRIVATE LTD.
  By: - DEVKUMAR KOTHARI        Dated: February 15, 2024
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To save time of honourable Courts and enable quick justice -Need for provisions to authorise officers to recall order when notice, order was not served and noticee / addressee was not aware of the same or was prevented by sufficient cause to make responses.
  By: - DEVKUMAR KOTHARI        Dated: February 14, 2024
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  Co-Author: CA UMA KOTHARI       View Profile
 
COURT OFFICERS ARE DUTY BOUND AND MUST ASSIST COURTS / JUDGES IN RENDERING EXPEDITIOUS JUSTICE, AND NOT DELAY AND MISLEAD COURTS.Surprising two orders of High Court on same ITA , indicating very poor state of administration in High Court and unfortunate and irresponsible behavior and actions of Court Officers including Standing Counsel and Senior Counsels leading case up to the Supreme Court in case of CIT Vs. ITC Ltd.
  By: - DEVKUMAR KOTHARI        Dated: February 13, 2024
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POWERS of revision U.S. 264 OF Pr.CIT/ CIT are wider and condonation of delay is to be liberal to advance the purpose of justifiable orders etc.
  By: - DEVKUMAR KOTHARI        Dated: January 30, 2024
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Document Identification Number (DIN) up dates for brain storming and gaining further knowledge and experience from learned other authors and readers .
  By: - DEV KUMAR KOTHARI        Dated: January 2, 2024
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Avoidance of disputes.Option exercised in ITR form is essential and can be considered as such. However, if in any provision of the Act or Rules, there is requirement to exercise any option, it should also be made in prescribed form, if any , otherwise in suitable manner in writing before specified time to avoid disputes. A study in view of recent judgment of the Supreme Court
  By: - DEV KUMAR KOTHARI        Dated: December 30, 2023
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Request for issue of directions to condone delay in filing of From 10-IC u/s 115BAA for all years. And to apply Circular no. 19/2023 dt. 23.10.2023 to al years inluding first year i.e. AY 2020-21
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  By: - CA DEV KUMAR KOTHARI        Dated: December 22, 2023
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Provision for withdrawal of exemption vide sub-section (8) of S.10B considered as provision for exemption by the assessee Wipro by following wrong approach. Possiblity of proper remedy by way of petition for reconsideration of the judgment of the Supreme Court may be explored by Wipro.
  By: - DEV KUMAR KOTHARI        Dated: December 21, 2023
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Budget 2024: Some suggestions for amendment / clarification on S.80-IAC related to eligible Start-up.
  By: - DEV KUMAR KOTHARI        Dated: December 20, 2023
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Notice must be correct, complete and unambigous to enable noticee to respond to it properly, otherwise opprotunity to respond properly is not allowed and notice and consequent proceeding and orders can be held void.
  By: - DEV KUMAR KOTHARI        Dated: December 19, 2023
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For easy life of senior citizens - need to liberlize exemption from advance tax payable.
  By: - DEV KUMAR KOTHARI        Dated: December 16, 2023
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Timely compliance is important. File Returns and forms timely to avoid definite losses and contingencies due to late filing. Condonation of delay , even if allowed by CBDT may not be final.
  By: - DEV KUMAR KOTHARI        Dated: November 27, 2023
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S.115BAA and Form 10- IC – relaxation to file Form 10-IC recent circular must apply to all years and not only AY 2021-22 in fact it can be said that the filing of Form 10 IC is superficial because ITR form itself provide for exercise of option and that option creates a substantive right.
  By: - DEV KUMAR KOTHARI        Dated: November 21, 2023
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