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Archive: November, 2020

Posts in November, 2020

Section 195 TDS Applicable on Software Purchase Expenses incurred by Distributor

November 27, 2020 3060 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in stating that TDS u/s 195 applicable on software expenses without appreciating the fact that appellant was merely acting as a distributor and not having right to have a copy of the software?

All about Defamation

November 27, 2020 25847 Views 0 comment Print

We are living in a democratic and republic state. Here our constitution has given us some fundamental rights, which cannot be taken by the government. We are free to live with grace and dignity. The right of reputation is recognised as personal right of every human being and should be protected same as protection of fundamental rights.

Seizure of goods not justified if defects in E-way Bill not subsist on the date of passing of order of detention

November 27, 2020 1272 Views 0 comment Print

It would appear that, in the meanwhile, between the date of apprehending the goods at the parcel office and the date on which the order of detention was passed, the e-way bill had already been updated by filling the Part B thereof. This is evident from Ext.P6 that is produced along with the writ petition.

CBDT to validate ICAI UDIN during upload of Tax Audit Reports

November 26, 2020 3573 Views 2 comments Print

The Institute of Chartered Accountants of India, in its gazette notification dated 2nd August, 2019, had made generation of UDIN from ICAI website www.icai.org mandatory for every kind of certificate/tax audit report and other attests made by their members as required by various regulators. This was introduced to curb fake certifications by non-CAs misrepresenting themselves as Chartered Accountants.

Service of fixed term employee for misconduct cannot be terminated without affording any opportunity of hearing

November 26, 2020 3753 Views 0 comment Print

The Gujarat High Court ruled that Termination of service of an employee for misconduct, even if on a fixed term, would require a domestic enquiry. However the Court held that on reinstatement the tenure of employment would not extend beyond the period of appointment.

Adjudication of Show-Cause Notices after 13 years is untenable in law: Bombay HC

November 26, 2020 13989 Views 1 comment Print

Bombay High Court held that, the commencement of adjudication proceedings after inordinate delay of 13 years post-issuance of Show Cause Notices is untenable in law and any consequential decision or order based on such adjudication proceeding is therefore, held to be invalid.

Moneyfy – Time to Get Your Money in Action

November 26, 2020 7993 Views 1 comment Print

While we are raised to abide by the principle that investment is good, we are not always pointed in the right direction in terms of tools of investments. This is why picking the right tool becomes particularly tricky for first-time investors considering the many financial options there are in the market. Hence, Tata Capital launched […]

69 posts diverted to Foreign Asset Investigation Units (FAIUs)]

November 26, 2020 2493 Views 0 comment Print

Order No. 230 of 2020 With the approval of the Finance Minister, the following existing 69 posts in the various grades of India Revenue Service are diverted to the newly created Foreign Asset Investigation Units (FAIUs) in the Investigation Directorates, with immediate effect and until further orders:

Private financial institutions performing public duties cannot be treated as ‘State’

November 26, 2020 8910 Views 0 comment Print

Kailashi Devi Vs Branch Manager And Another (Allahabad High Court) Private financial institutions, carrying of business or commercial activity, may be performing public duties, but cannot be considered to be covered under the definition of “State” under Article 12 of the Constitution of India, the writ petition against such entity is not maintainable before the […]

CENVAT Credit eligible on Sales Commission

November 26, 2020 3048 Views 0 comment Print

It has been consistently held that sales commission fall under definition of ‘input service’. By following the ratio of the above said decisions, we hold that denial of CENVAT Credit on sales commission is not sustainable in law.

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