Provisions of section 56(2)(viia) was not applicable on acquisition of shares of a foreign company from its directors because as per rule 11U(b)(ii) (prior to 01.04.2019) which defines “balance sheet‟ was not applicable to a foreign company and the amendment to Rule 11U with effect from 1.4.19 was prospective in nature. If the computation provisions could not apply, the charging section also could not apply as both sections should be read together in order to make the said provisions workable in accordance with law.
When Mr R.K. Panjwani, a banking colleague of mine for 40 years congratulated me on the occasion of 50 years of Indian banks nationalization, my mind waded back to RBI Governor, Shaktikanta Das, lecture on 16th November 2019 at Amrut Modi School of Management, Ahmedabad University. Yes, it is time to think about the performance […]
Senior Bhosale Estate (HUF) Vs ACIT (Supreme Court) Condonation of delay in filing appeal(s) against common order dated 29.12.2003 passed by Income Tax Appellate Authority being barred by 1754 days.: If the stand of the Applicant in the Affidavit that he had no knowledge about the passing of the order is not expressly refuted by […]
Observing that the ex- gratia charges made by principal to assessee- appellant were towards making good losses or injuries arising from unintended events and did not emanate from any obligation on part of any of the parties to tolerate an act or a situation, CESTAT Allahabad has held that the payment cannot be considered to be for some services.
Venkata Dilip Kumar,Kartha-HUF Vs CIT (Madras High Court) No doubt, Section 54 (2) contemplates that if the amount of the capital gain is not appropriated by the assessee towards purchase of new assets within one year before the date on which the transfer of original asset took place or which is not utilised by him […]
STP will have to submit Service Exports Reporting Form (SERF) as in Annexure VI for capturing services exports data for the specified services as in Annexure V.
In re Geetastar Resorts Pvt. Ltd. (GST AAR Rajasthan) Whether Input Tax Credit on goods and services used in construction of hotel will be available to the applicant engaged in providing taxable services of hotel accomodation and related services? Since the applicant has withdrawn the application, therefore, no ruling is given. FULL TEXT OF ORDER […]
The services provided by the supplier are not in the nature of services provided by Tour Operator, the said supply of services cannot be classified under SAC 9985(i) of Notification No. 11/2017 Central Tax (Rate) dated 28.06.2017.
Subha Jakkanwar vs State of Chhattisgarh (High Court Chhattisgrh) An Advocate cannot be prosecuted for criminal offences for non-exhibiting greater professional care and competence while submitting non-encumbrance certificate to a Bank. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT 1. The short question that emanates for consideration is, whether an Advocate acting professionally and in […]
In re Forest County Co Operative Housing Society Limited (GST AAR Maharashtra) Question 1. Applicability of GST on Repair and Maintenance Fund and Sinking Fund. Answer: – In view of the discussions made above, it is held that GST is applicable on Repair and Maintenance Fund and Sinking Fund. Question 2. Whether or not exemption […]
