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Archive: 06 December 2020

Posts in 06 December 2020

Bogus Iron & steel Purchase : ITAT restricts addition to 4%

December 6, 2020 2412 Views 0 comment Print

M/s Pavapuri Metals & Tubes Vs ITO (ITAT Mumbai) It is not in dispute that sales have been accepted as genuine from out of these purchases. When the sales have been accepted as genuine the entire purchases cannot be treated as non-genuine. The Hon’ble Gujarat High Court in the case of Bholanath Polyfab Pvt. Ltd […]

Partnership cannot be treated as AOP merely for execution of deed on inadequate stamp paper

December 6, 2020 7620 Views 0 comment Print

Kachhi Heritage Vs ACIT (ITAT Pune) Grounds of Appeal 1. On the facts and in the circumstances of the case and in law the Learned Assessing Officer erred in treating the status of the partnership firm as AOP for the reason that partnership deed is executed on an inadequate stamp paper. Your appellant submits that […]

High Court must not act as an appellate authority: SC

December 6, 2020 3540 Views 0 comment Print

Director General of Police, Railway Protection Force and Ors. Vs Rajendra Kumar Dubey (Supreme Court) We will first discuss the scope of interference by the High Court in exercise of its writ jurisdiction with respect to disciplinary proceedings. It is well settled that the High Court must not act as an appellate authority, and re-appreciate […]

Section 10B: Losses of Eligible Units cannot Be Set off against Income of other Units

December 6, 2020 1734 Views 0 comment Print

It is not a case, where losses of non eligible unit or units are being set off against the profit of eligible unit. The issue whether section 10A is exemption provision deduction provision is of no relevance. Insofar as, carry forward of loss of unit eligible to deduction under section 10B is concerned the amendment made by the Finance Act, 2003 to subsection (6) with retrospective effect from 01.04.2001 specifically provide for carry forward of losses of 100% EOU.

Section 34 Proceedings under Arbitration & Conciliation Act not maintainable to challenge a foreign award: SC

December 6, 2020 2463 Views 0 comment Print

Noy Vallesina Engineering SpA Vs Jindal Drugs Limited & ors. (Supreme Court) 1. The appellant, which was granted special leave, challenges a judgment of the Bombay High Court1. It urges that the impugned judgment is erroneous because it concludes that proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the Act’) can […]

Nominated Officer cannot be convicted if Company is not being made a party: SC

December 6, 2020 2298 Views 0 comment Print

Hindustan Unilever Limited Vs State of Madhya Pradesh (Supreme Court) A three-Judge Bench of this Court in Aneeta Hada Godfather Travels & Tours Private Limited11 considered the question of conviction of the Directors in the absence of the Company in proceedings under Section 138 of the Negotiable Instruments Act, 1881 as also in the proceedings […]

EPF Act Applicable to Private Security Agency proving expert service of providing Personnel: SC

December 6, 2020 9108 Views 0 comment Print

Panther Security Service Private Limited Vs Employees’ Provident Fund Organisation And Another (Supreme Court of India) We have no doubt in our mind that the appellant is engaged in the specialised and expert services of providing trained and efficient security guards to its clients on payment basis. The contention that the appellant merely facilitated in […]

HC dismisses plea challenging increase in fees under TN Chit Funds Rules

December 6, 2020 1182 Views 0 comment Print

Incorporated Chit Funds Association Vs State of Tamil Nadu (Madras High Court) Issue before the Court Appendix II of the Tamil Nadu Chit Fund Rules, 1984 (the TN Chit Funds Rules) was substituted by an amendment thereto which was effected by G.O.Ms.No.176, Commercial Taxes and Registration (G), dated 29.11.2017 in exercise of powers conferred by […]

E-way Bill under GST at a Glance

December 6, 2020 19446 Views 1 comment Print

Things You Need to Know about E-way Bill What is an E way Bill? E-way Bill is an Electronic Way Bill for the movement of goods from one place to another which is to be generated on the E-way bill portal i.e. on ewaybillgst.gov.in. If the value of goods exceeds ₹ 50,000 a GST registered […]

Accounting for Government Grant and Government Assistance

December 6, 2020 20238 Views 1 comment Print

In India, there are many entities receiving government grants or government assistance each year. As per Indian GAAP and Ind As there are specific treatment for accounting of Government Grants and Government Assistance. Entity has to follow the same in the preparation of financial statements according to Indian Accounting Standards or earlier GAAP whatever applicable […]

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