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Archive: 01 March 2021

Posts in 01 March 2021

WhatsApp group administrator not liable for an act of member of group

March 1, 2021 10317 Views 1 comment Print

Kishor S/o Chintaman Tarone Vs State of Maharashtra (Bombay High Court) The crux of the issue involved is whether an administrator of Whatsapp group can be held criminally liable for objectionable post of its member for committing offences punishable under sections 354- A(1)(iv) , 509 and 107 of the Indian Penal Code and section 67 […]

ITAT: Bank crisis ‘reasonable cause’ for not producing documents during assessment

March 1, 2021 528 Views 0 comment Print

Where the business of assessee was discontinued and the premises had been taken over by the Bank as part of its recovery proceedings, the crisis being faced upon consequent action taken by Bank was the reasonable cause which prevented assessee from submitting the requisite information/documents on the notices issued by AO and for remaining non complied with the same.

No addition for share issued at Premium based on prescribed methodology

March 1, 2021 2631 Views 0 comment Print

PCIT Vs Cinestaan Entertainment Pvt Ltd (Delhi High Court) The law requires determination of fair market values as per prescribed methodology. The Appellant-Revenue had the option to conduct its own valuation and determine FMV on the basis of either the DCF or NAV Method. The Respondent-Assessee being a start-up company adopted DCF method to value […]

Code on Wages (Central Advisory Board) Rules, 2021

March 1, 2021 4584 Views 0 comment Print

(1) These rules may be called the Code on Wages (Central Advisory Board) Rules, 2021. (2) They shall come into force on the date of their publication in the Official Gazette.

Income Tax Dept searches major Pharma group of Hyderabad

March 1, 2021 825 Views 1 comment Print

The Income Tax Department carried out search & seizure operations on 24.02.2021 on a major Pharmaceutical group based out of Hyderabad.  This Pharmaceutical group is engaged in the business of manufacturing of intermediates, Active Pharmaceutical Ingredients (APIs) and formulations. 

Master Circular on Surveillance of Securities Market

March 1, 2021 843 Views 0 comment Print

In order to moderate sharp and destabilizing price movements in shares of companies, to encourage better price discovery and to increase transparency in securities market, SEBI in consultation with Stock Exchanges has decided to adopt following measures:-

Notice served by registered post was properly served notice | section 138 | N.I. Act.

March 1, 2021 30852 Views 0 comment Print

Service of notice through registered post was proper service of notice and there was no requirement to serve notice under certificate of posting as there was no rebuttal evidence to show that the complainant has deliberately and intentionally sent the legal notice to the wrong address and the accused was not working at the place and address shown in the registered envelope.

No wealth Tax on Urban Land after construction of Building by Charitable Trust on the same

March 1, 2021 1110 Views 0 comment Print

Shri S. Peter Vs Asst. Commissioner of Wealth Tax (ITAT Chennai) The solitary issue that came up for our consideration from the given facts and circumstances of this case is, whether the lands owned by the assessee and leased to trusts comes under the definition of ‘asset’, as defined u/s.2(ea) of the WT Act, or […]

Fake invoices with a face value of Rs. 3308 crore unearthed

March 1, 2021 1188 Views 0 comment Print

I am happy to note that the anti-evasion teams of Jaipur and Alwar CGST Commissionerates have used data analytics to unearth a large case of fraudulent ITC availment, involving fake invoices with a face value of Rs. 3308 crore by several non-existent firms registered in Jaipur. These firms had fraudulently availed ITC of about Rs. 83.37 crore and also passed on ITC of Rs 85.26 crore. So far, eight persons have been arrested and further investigations are in progress. Congratulations to the officers of both the Commissionerates.

Quasi-criminal proceedings can be initiated under Section 138 of NI Act- SC

March 1, 2021 6906 Views 0 comment Print

P. Mohanraj & Ors. Vs Shah Brothers Ispat Pvt. Ltd. (Supreme Court) Shri Lekhi, learned Additional Solicitor General, took strong objection to the use of the expression ‘quasi-criminal’ to describe proceedings under Section 138 of the Negotiable Instruments Act, which, according to him, can only be described as criminal proceedings. This is for the reason […]

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