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Archive: December, 2020

Posts in December, 2020

Expense on Swimming pool construction in School of grand children not allowable

December 7, 2020 3117 Views 0 comment Print

The Himalaya Drug Company Vs DCIT (ITAT Bangalore) The admitted facts are that the children and grand children of Mr. Meeraj Alim Manal, has studied/studies in the school in which the assessee has contributed for construction of swimming pool. It is the contention of the assessee that its name is displayed alongside of the swimming […]

QRMP Scheme under GST w.e.f. 01st Jan 2021

December 7, 2020 44925 Views 1 comment Print

QRMP Scheme (Quarterly Return Monthly Payment Scheme) – New GST Return System w.e.f. 01-Jan-2021 In the recent World Bank’s ease of doing business 2020 report, the country jumped to 63rd position, among 190 nations. India also figured among the top 10 performers on the list for the third time in a row. On the same […]

Procedure to Revive The Struck Off Company under Companies Act 2013 in Conjunction with NCLT Amendment Rules 2017

December 7, 2020 4512 Views 0 comment Print

Procedure To Revive The Struck Off Company Under Companies Act, 2013 In Conjunction With NCLT Amendment Rules 2017 In this Article, Process to revive the companies which has been struck off by ROC as per Section 248 of Companies Act, 2013 shall be discussed. Grounds on which Revival can be initiated : As per Section […]

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

December 6, 2020 2790 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 8148 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 3840 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 2136 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 2628 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 2535 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 9699 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 […]

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