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Archive: 09 April 2021

Posts in 09 April 2021

Audit Under Income Tax Act 1961

April 9, 2021 23031 Views 1 comment Print

Get insights into the audit requirements under the Income Tax Act 1961. Understand the conditions for tax audits and how they apply to businesses and professionals.

Section 41(1) cannot be applied to bogus & non-existent liability

April 9, 2021 2997 Views 0 comment Print

No addition can be made to the income of the assessee in this asst. years, as in the view of the AO the outstanding liability in question is bogus and non-existent. The question of cessation of such non-existent as bogus liability does not arise. Hence, Sec. 41(1) cannot be applied. Only when there is a genuine liability and there is cessation of such liability or it is written off in the books of account, then Sec. 41(1) of the Act can be applied.

Women cannot be denied Job citing work during night hours

April 9, 2021 1485 Views 0 comment Print

Treasa Josfine Vs State of Kerala (Kerala High Court) It is submitted that the petitioner is an engineering graduate in Safety and Fire Engineering. The 2nd respondent, a public sector undertaking under the State of Kerala, has engaged the petitioner as Graduate Engineer Trainee (Safety) and the petitioner had worked as such for the period […]

Related Party Transactions – Section 188 of Companies Act, 2013

April 9, 2021 32925 Views 1 comment Print

How to Identify whether the proposed transaction is a Related Party Transaction u/s 188 of Companies Act, 2013 or not? 1st Stage (Preliminary test) 1. Is it a transaction (Contract or arrangement) that falls under Section 188(1)(a) to (g) of the Companies Act, 2013 (the Act)?; AND 2. Is it a related Party in terms […]

Basics of Incorporation of Companies through SPICE+ FORM

April 9, 2021 1584 Views 0 comment Print

SPICE Forms referred to the form through which a Company was Incorporated as per the Companies Act, 2013. This was an E-form available in the MCA website which helped in incorporating a company. However, a new form was introduced by the Ministry of Corporate Affairs (MCA) for incorporation of companies known as ‘SPICE+ (INC-32)’ along […]

DGFT & TCS—Awardees for worst implementation of software in the world?

April 9, 2021 2769 Views 5 comments Print

The DGFT is a facilitator & TCS the chosen implementer for the DGFT platform. TCS is a multi-billion-dollar company operating worldwide but it appears that while working with the Indian bureaucracy the best hit the bottom & bite the dust & this seems to be the case. Granting status recognition should not require any application […]

ITAT deletes addition made for non-production of audited books

April 9, 2021 576 Views 0 comment Print

ITO Vs Richmond Vivek Laboratories P Ltd (ITAT Hyderabad) Learned CIT (DR) vehemently contended during the course of hearing that the CIT (A) has erred in law and on facts in deleting the impugned misc. expenditure disallowance of Rs.1,92,38,312/- despite the fact that the assessee had failed to prove the same by way of filing […]

HC directs MSME Facilitation council to decide if council is empowered to act as an Arbitrator

April 9, 2021 1347 Views 0 comment Print

Gujarat High Court directs Micro and Small Enterprises Facilitation Council to determine if it can act as an Arbitrator after serving as a Conciliator.

CIT can invoke Revisional Jurisdiction only if Assessment is erroneous & causing prejudice to interest of revenue

April 9, 2021 792 Views 0 comment Print

Shri Subbaraya Annamalai Siva Kumar Vs ITO (ITAT Hyderbad) Ld.DR fails to dispute the clinching fact that the Pr. CIT’s impugned order has nowhere held the assessment in question dated 06.01.2015 as an erroneous one so far as it causes prejudice to the interest of Revenue as per Sec.263 of the Act. Ld.Pr.CIT has rather […]

Regular hearing via Video conference at NCLT w.e.f. 12.04.2021

April 9, 2021 1425 Views 0 comment Print

Due to sharp increase in COVID-19 cases throughout the It has been decided to take up regular hearing through Video Conference w.e.f. 12.4.2021 at all NCLT Benches. The Benches shall sit as per Rule 9 of NCLT Rules, 2016- sitting hours of the Tribunal:

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