Decoding Section 5 by H Padamchand Khincha and K K Chythanya provides an in-depth analysis on Section 5 of Income tax Act, 1961 and discusses its interplay with other provisions of the Act. Largely untouched by legislative amendments, the authors of the book have attempted to peel through years of judicial exposition on the provision and adopt a fresh and unfettered approach. The authors dig deep with their research, to analyze many terms used in the legislation, which are sometimes used inter-changeably or which are bandied about without full appreciation.
The difference between Receipt and Accrual of Income has long been a bone of contention between the tax collector and tax payer. The true import and wider ramifications of “receipt”, “accrual” and “deemed accrual” are succinctly explained, as also the genesis of Double Taxation Avoidance Laws. The celebrated decision of the Apex court in Vodafone case, which also exposits concepts of accrual and deemed accrual have been explained in a manner which would be appreciated both by tax practitioners as well as a layman. The book would be an asset in any library and it is recommended in classrooms too for a better understanding of Section 5 of the Income Tax Act, 1961, which are the pillars of the Act.
Excerpt from Foreword:
“After reading this book, I realized how essential it was for every tax practitioner to periodically go back to the basics and revisit the fundamentals of tax law… Padamchand and Chythanya have literally brought sections 4 and 5 to life… It is necessary that every person dealing with the Act has a copy of this book. It should not only adorn one’s bookshelf, but all of us must also make it a point to read it periodically…”
~ Arvind P Datar, Senior Advocate