"08 May 2017" Archive

Benefit of 2 Years weightage of Service under Employees Pension Scheme

Circular No. Pension- Pen-I/3/4/2016/MOL&E/2 08/05/2017

In the case of the member who superannuates on attaining the age of 58 years, and who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years....

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Stressed assets in banks: Banking Regulation (Amendment) Ordinance, 2017

This is a water shed moment in Indian banking when not a day passes without mentioning of how a few borrowers took the banks to unknown territory on non-recovery, reluctance on part of banking executives, particularly in nationalized banks, not to extend financing activities due to excessive zeal shown by parliament, central vigilance off...

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Posted Under: Corporate Law |

TDS on Vehicle Hire is applicable party-wise and not trip-wise

Sri Sundar Shaw Vs ACIT (ITAT Kolkata)

CIT (Appeals) was not correct in law that the assessee will be liable to deduct the TDS if the amount of a single contract exceeds Rs. 20,000/-. The contract has to be looked into party-wise not on the basis of the individual GR. In our opinion, all the payments made to a truck owner throughout the year are to be aggregated to ascertain t...

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Posted Under: Corporate Law |

Assessee can claim housing loan interest in capital gain computation u/s 48 despite the fact that same had been claimed u/s 24(b)

Gayatri Maheshwari Vs I.T.O. (ITAT Jodhpur)

6. The ld. CIT(A) on consideration of the assessment order, assessee’s submissions and the case laws relied upon by the assessee, has held as under: The only dispute in the instant case is whether the interest paid by the assessee to the bank on loan availed for purchase of property could be allowed as deduction in computing the capital...

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S. 69 ITO have discretion in treating source of investment as income

Dushyant Ji Lohani Vs I.T.O. (ITAT Jodhpur)

A discretion has been conferred on the ITO U/s 69 of the Act to treat the source of investment as income of the assessee if the explanation offered by the assessee is not found satisfactory. However, the said discretion should be exercised keeping in view the facts and circumstances of a particular case. when it is claimed that the assess...

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TDS not deductible on Wages Paid to labour sardars to pay the labourers

Assistant Commissioner of Income Tax Vs Dilip Saha (ITAT Kolkata)

The labour sardars are employed/deployed by the labour union to collect the money in bulk and distribute the same amongst the labourers, who are ultimate beneficiaries and not the labour sardars i.e in question. These labour sardars are remunerated by the union only for the job done. The collected money distributed amongst the labours/ la...

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Professionals ? How Can They be Casual Persons under GST

The understanding of any legal provision is personal to the individual - be it assessee, professionals / consultants or revenue officers. This can be challenged. However, judge's interpretation becomes the court's stand....

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Changing face of Indian Railways

K R Sudhaman There is usually some romanticism and development associated with Indian Railways and every child particularly in rural India is filled with joy and emotion on seeing a train or engine. Rightly Indian Railways have been engine of growth and formed the backbone of the country’s economic development.  It is therefore critica...

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Posted Under: Corporate Law |

India’s Green foot Prints hog International lime lights

If Anti-corruption drives, including demonetization of high currency notes, are the center piece of the Narendra Modi Government’s first three years of governance, A slew of initiatives including India’s bold stand in the Paris climate meet, sustained bids to protect flora and fauna and stringent control orders for air and water pollu...

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Posted Under: Corporate Law |

A will to tackle corruption and black money

Establishing a system that ‘eliminates the scope for corruption’ was an important promise made by the Bharatiya Janata Party in its Election Manifesto, 2014. The methods to achieve the goal were identified as a) Public Awareness b) Technology based e-governance c) System-based policy driven government d) rationalization and simplifica...

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Posted Under: Corporate Law |

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August 2021