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Archive: November, 2020

Posts in November, 2020

Enhancement by CIT(A) on an issue which were not part of reasons recorded for reopening the assessment are invalid

November 27, 2020 1737 Views 0 comment Print

Harendra Singh Vs ITO (ITAT Delhi) CIT(A) while deleting the sole foundational issue on which the re-assessment proceedings were initiated, cannot go further and examine an issue which was not even the subject matter of re-assessment proceedings Since the reopening was to verify the purchase transaction and since the said transaction never took place and, […]

Sexual harassment Complaint against same-gender is maintainable under POSH Act 2013

November 27, 2020 2133 Views 0 comment Print

Dr. Malabika Bhattacharjee Vs Internal Complaints Committe, Vivekananda College & Ors. (Calcutta High Court) A cursory glance at Section 2(m) of the posh 2013 Act shows that the term ‘respondent’ brings within its fold ‘a person’, thereby including persons of all genders. Although there is substance in the submission of the petitioner that the said […]

NDTV Promoters Prannoy & Radhika Roy Guilty Of Insider Trading: SEBI

November 27, 2020 3357 Views 0 comment Print

In Re. Mr. Prannoy Roy & Mrs. Radhika Roy (SEBI) It is a fact on record that Mr. Prannoy Roy was the Managing Director/Promoter and Mrs. Radhika Roy was the Chairman/Promoter of NDTV during the UPSI period and were in possession of the UPSI (PSI-6). That the Noticees have purchased 4835850 shares of NDTV while […]

Clarification on export of Gems and Jewellery through Courier mode-reg

November 27, 2020 1785 Views 0 comment Print

Representations have been received from the Gems and Jewellery Export Promotion Council seeking clarification on whether gems and jewellery is allowed to be exported through courier under the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010 as also the Courier Imports and Exports (Clearance) Regulations, 1998.

Motor Vehicle Aggregators Guidelines-2020

November 27, 2020 3258 Views 0 comment Print

In pursuance of the provision under Section 93 of Motor Vehicles Act,1988, this Ministry has issued the Motor Vehicle Aggregator Guidelines, 2020. A copy of the same is enclosed with this letter for perusal and further appropriate action. These guidelines will provide a guiding framework to the State Governments / UTs to consider for issuance of licenses as well as regulating the business being conducted by such Aggregators.

ADD on imports of Front Axle Beam & Steering Knuckles from China extended till 31.01.2021

November 27, 2020 573 Views 0 comment Print

Notification No. 41/2020 -Customs (ADD)- Seeks to further amend notification No. 49/2015-Customs (ADD), dated 21st October, 2015 to extend the levy of ADD on imports of Front Axle Beam and Steering Knuckles meant for heavy and medium commercial vehicles originating in or exported from China PR, for a period upto and inclusive of the January […]

Education cess is not disallowable under section 40(a)(ii)

November 27, 2020 1959 Views 0 comment Print

DCIT Vs GE BE Pvt. Ltd. (ITAT Bangalore) Conclusion: Education cess is not tax and thus not disallowable under section 40(a)(ii). Held: Assessee-company was engaged in the business of contract manufacturing of components and parts of medical diagnostic imaging equipment and also engaged in provision of engineering design services to its affiliate worldwide. Assessee had […]

No section 40A(2) disallowance for Payment Made to Sister-In-Law

November 27, 2020 4797 Views 0 comment Print

Rajesh Bajaj Vs DCIT (ITAT Allahabad) The ld. counsel for the assessee has contended that Alka Bajaj and Preeti Bajaj are sister-in-law of the assessee and therefore do not fall in the definition of relative as provided u/s 2(41). This fact is not disputed by the Revenue and therefore, the payment to these two persons […]

Deduction u/s 36(1)(ii) Allowed for Bonus Paid to Directors who are Shareholder of Company 

November 27, 2020 15843 Views 1 comment Print

The issue under consideration is whether the CIT(A) is correct in upholding the action of the Assessing Officer in making a disallowance under section 36(l)(ii) of the Act; being bonus paid to the Directors of the Company by holding that such payments are in lieu of dividend or profits?

Delhi HC Restricts Penalty Imposed by Revenue on Tata Teleservices Ltd

November 27, 2020 1092 Views 0 comment Print

The present writ petitions have been filed challenging orders issued by respondent authority whereby the penalty demand of Rs.293,28,50,153 for the assessment years 2006-07, 2007-08, 2008-09, 2009-10, and 2010-11 stayed subject to payment of 20% of the said amount.

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