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Archive: January, 2021

Posts in January, 2021

Husband cannot seek under RTI Bank & ITR details of wife

January 5, 2021 11571 Views 0 comment Print

It has been clarified that in a private dispute between husband and wife, the basic protection afforded by virtue of the exemption from disclosure enacted under Section 8(1)(j) cannot be lifted or disturbed unless the petitioner is able to justify how such disclosure would be in ‘public interest’.

Non Filing of Charge Sheet cannot be a ground for Cancellation of Bail

January 5, 2021 3801 Views 0 comment Print

On the ground that charge sheet was not filed within the prescribed period, an application for bail under Section 167(2) Cr.P.C. was filed by the appellant. The High Court ruled in his favour by holding that the appellant is entitled to bail under Section 167 as a complete charge sheet was not filed within the prescribed period. While granting bail, the High Court held that the appellant can be re-arrested after the charge sheet is filed.

CIT(A) can allow deduction of Gratuity not claimed earlier by Appellant

January 5, 2021 3030 Views 0 comment Print

FNF India Private Ltd. Vs ACIT (ITAT Bangalore) The brief facts are that the AO denied deduction of gratuity paid. The assessee submitted before the CIT(Appeals) that it had created a provision for gratuity amounting to Rs.1,4769,903 and that Rs.44,22,139 was actually paid to the employees. In its return of income, the assessee had erroneously […]

ITAT directs AO to delete Section 40(a)(ia) disallowance in Tata Sky case

January 5, 2021 2598 Views 0 comment Print

Tata Sky Limited Vs ACIT (ITAT Mumbai) By virtue of this Miscellaneous Application, the assessee on a limited aspect seeks to recall the order of this Tribunal on one particular issue alone with regard to upholding the disallowance made u/s.40(a)(ia) of the Act on year end provision for expenses on the ground that while rendering […]

Extend due dates of CFSS, LLPSS, Charge Forms, Meetings

January 5, 2021 63669 Views 3 comments Print

ICSI has made a representation to Ministry of Corporate Affairs and requested for extension of due dates of Companies Fresh Start Scheme, 2020 (CFSS- 2020), LLP Settlement Scheme, 2020, Scheme for relaxation of time for filing forms related to creation or modification of charges under the Act, Holding Board Meeting through Video Conferencing and Companies […]

TDS on Common area maintenance charges- TDS U/s. 194I or 194C?

January 5, 2021 47439 Views 0 comment Print

Kapoor Watch Company Pvt. Ltd. Vs ACIT (ITAT Delhi) Hon’ble Court held that maintenance charges must form a part of the rent while calculating the annual value of property u/s 23(1) of the Act for the purpose of Section 22 of the Act. However, in the present assessee company’s case, the common area maintenance charges […]

Foreign travel expense not allowable if no nexus between travel & business purpose

January 4, 2021 7530 Views 0 comment Print

DCIT Vs Ritesh Properties & Industries Ltd. (ITAT Delhi) 1. Foreign travel expense not allowable if no nexus between travel & business purpose Though the counsel submits that the action of the CIT(A) in upholding the disallowance of Rs.7,02,655/- on the ground that the said expenditure was incurred for foreign travel for personal purposes is […]

ITAT deletes Section 14A disallowance as AO not recorded Satisfaction

January 4, 2021 2484 Views 0 comment Print

Prism Cement Ltd. Vs DCIT (ITAT Mumbai) We observed that assessee has earned exempt income of Rs. 12,62,95,486/- and made a suo moto disallowance of Rs. 29,87,943/-. After careful consideration of the assessment order passed by the AO and the order passed by Ld. CIT(A), it is fact on record that AO has not recorded […]

GST Case law Update – December 2020

January 4, 2021 10503 Views 1 comment Print

1. Retaining by-products/scrap by job-worker – GST applicable? The High Court of Andhra Pradesh in the case of Shirdiri Sainath Industries Vs DCST 2020-TIOL-2052-HC-AP-GST has held including the value of by-products to the milling charges and assessing tax is legally unsustainable. Fact: Rice milling done on job work bases. milling charges was per quintal basis […]

CBIC rescinds Customs (Advance Rulings) Rules 2002

January 4, 2021 876 Views 0 comment Print

Notification No. 02/2021-Customs (N.T.) – CBIC rescinds Customs (Advance Rulings) Rules 2002 which were notified by notification o No. 55/2002-Customs (NT), dated the 23rd August,2002. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) New Delhi, the 04 January, 2021 Notification No. 02/2021-Customs (N.T.) G.S.R._________ (E). – In exercise of the powers conferred by section […]

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