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Archive: 05 October 2020

Posts in 05 October 2020

Central Government now empowered to specify classes of permissible capital account transactions in respect of Non- Debt Instruments

October 5, 2020 4941 Views 0 comment Print

Amendment through the Finance Act of 2015 The Finance Act of 2015 had proposed certain amendments to the Foreign Exchange Management Act, 1999 (“FEMA”). The Central Government (CG), vide sections 138 to 144 of Finance Act 2015, brought changes to FEMA. The said changes were not notified for long time. However, after a long delay, […]

GPA holder cannot be taxed on sale of property When he was not owner of property

October 5, 2020 8733 Views 0 comment Print

Shri Rama Chandra Reddy Vs. ITO (ITAT Hyderabad) In this case GPA was given by three persons i.e. (i) Shri K. Pratap Reddy, Sri K. Madhav Reddy and Shri K. Dharma Reddy in favour of the assessee in the year 1990 and it is mentioned therein that the possession of the said land was also […]

No Service Tax on amount collected towards bouncing of cheque charges

October 5, 2020 1851 Views 0 comment Print

Rohan Motors Limited Vs Commissioner of Central Excise (CESTAT Delhi) The demand of service tax in respect of the amount collected on account of bouncing of cheques and cancellation of orders is also not sustainable. These amount are penal in nature and not towards consideration for any service. In this connection reliance can be placed […]

Analysis of Occupational Safety, Health and Working Conditions Code, 2020

October 5, 2020 7845 Views 0 comment Print

Parliament has passed the three labour code bills – 1. The Occupational Safety, Health and Working Conditions Code, 2020; 2. The Industrial Relations Code, 2020; 3. the Code on Social Security, 2020 The bill merges 24 central labour laws in a major boost to labour reforms. This article covers the Occupational Safety, Health and Working […]

Revised effective date for applicability of ICSI Auditing Standards

October 5, 2020 492 Views 0 comment Print

In view of the current situation of the pandemic, the mandatory applicability of the Auditing Standards is hereby further extended and the Standards shall be mandatorily applicable to Audit Engagements accepted by the Auditor on or after 1st April, 2021.

Employer liable, under Motor Vehicles Act, if permits driver to drive with an expired license: SC

October 5, 2020 2823 Views 0 comment Print

Bell Ram Vs Rajinder Kumar & Anr. (Supreme Court) 1. The sole question of law for consideration in the present appeals is whether in case of a valid driving licence, if the licence has expired, the insured is absolved of its liability. 2. The facts are in a very narrow compass. The first respondent herein, […]

Bombay HC Stays all demolition & Evictions till 31st October, 2020

October 5, 2020 765 Views 0 comment Print

Pimpri Chinchwad Municipal Corporation Vs Sarang Yadwadkar and Ors. (Bombay High Court) 1. The situation in Maharashtra, because of the pandemic, continues to be grim. Normal functioning of the Courts is yet to be restored. The litigant public may not suffer for no fault on their part. In such view of the matter, we consider […]

Depreciation cannot be disallowed under section 40(a)(ia)

October 5, 2020 4833 Views 0 comment Print

Wipro Limited Vs Addl. CIT (ITAT Bangalore) Claim of depreciation on software- Depreciation claimed by the assessee on the amount of software capitalized was disallowed invoking provisions of section 40(a)(ia) for non-deduction of tax at source. Held, depreciation is a statutory allowance and hence it cannot be considered as expenditure. Accordingly, disallowance of depreciation cannot […]

In absence of evidence that transactions were bogus, LTCG declared by assessee cannot be doubted

October 5, 2020 1530 Views 0 comment Print

Dipesh Ramesh Vardhan Vs. DCIT (ITAT Mumbai) The perusal of record would reveal that the assessee purchased certain shares of an entity namely M/s STL as early as September, 2011. The shares were converted into demat form in assessee’s account during the month of March, 2012. The transactions took place through banking channels. The investments […]

Amended Form 3CD for Assessment Year 2020-21

October 5, 2020 62244 Views 2 comments Print

Form No. 3D for Assessment Year 2020-21 i.e. Financial Year 2019-20 is amended by CBDT vide Notification No. 82/2020-Income Tax/G.S.R. 610(E) dated 01st October 2020. We have compiled the same based on changes made on 01.10.2020 and reproduced the same below- ”FORM NO. 3CD” [See rule 6G(2)] Statement of particulars required to be furnished under […]

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