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Archive: 22 April 2021

Posts in 22 April 2021

Taxes paid by Taxpayer includes TDS (Taxes paid on its behalf)

April 22, 2021 657 Views 0 comment Print

ACIT Vs North American Coal Corporation India Pvt. Ltd. (ITAT Pune) A careful perusal of the ITSC direction explicitly indicates that the AO shall compute the tax payable ‘after giving credit for taxes already paid by the applicant’. `Taxes already paid’ do not mean only the taxes directly paid by the assessee but also those […]

Withholding Tax rate of 5% on payment of dividend to resident of Netherlands after applying MFN Clause

April 22, 2021 6894 Views 0 comment Print

Withholding tax rate of 5% is to be applied while making payment of dividend by Indian entity to its shareholder in Netherlands after applying the Most Favoured Nation (MFN) clause in the Tax Treaty between India and Netherlands.

No excise duty Liability on mere Purchase of Land instead of entire business

April 22, 2021 2217 Views 0 comment Print

Runwal Constructions Vs Union of India (Bombay High Court) Conclusion: Notice issued to assessee for prohibiting the transfer of property for alleged non-payment of Excise duty by Respondent No. 3 was quashed as excise dues were not dues which arise out of land or building. Such liabilities could be in the form of property tax, […]

COVID Care facilities & makeshift hospitals are eligible CSR activity

April 22, 2021 7515 Views 3 comments Print

MCA issued General Circular No. 05/ 2021 dated 22nd April, 2021, wherein it has been clarified that spending for ‘setting up COVID Care facilities & makeshift hospitals’ is an eligible CSR activity.

List of Essential Services Staff Permitted to travel by Local trains in Mumbai

April 22, 2021 14094 Views 0 comment Print

As per order of state Government, Ministry of Railways has permitted the following categories of Essential Services staff to travel by Local trains over Mumbai region from 08.00 PM on 22nd April, 2021 till 07.00 AM on 1st May, 2021:

Price of COVID-19 vaccine for state governments & private hospitals

April 22, 2021 1074 Views 1 comment Print

We also Accessed Recent Press Release dated 21st April 2021 by Serum Institute of India Which say that price is Rs. 400 for State Government and 600 for Private Hospitals. Press Release is as as follows:- Wednesday, April 21, 2021 – Press Release Media Statement Serum Institute of India (SII), welcomes the recent announcement made […]

HC directs GST Department to furnish detailed order to Appellant

April 22, 2021 1080 Views 0 comment Print

Gujarat High Court relegates GST appeal to statutory authority. Petitioner challenged summary order lacking detailed consideration. Alternative remedy suggested.

Gujarat HC issues notice on artificial deduction of value of land

April 22, 2021 1299 Views 0 comment Print

Karma Buildcon Through Chetan Rameshbhai Jogi Vs Union of India (Gujarat High Court) For Builders, Real Estate developers, Para 2 Notification No.11/2017 Central Tax (Rate) dated 28.6.2017 provides for deduction of 33% from the value of supply as deemed value of land. In some of the cases due to this artificial deduction of value of […]

Existential Crisis of Justification of Pre-Incorporation Contracts in Jurisprudential Framework of Contract & Company Law

April 22, 2021 5541 Views 0 comment Print

A company has its own separate legal entity, distinct from its members, which affords it certain characteristic features. One such feature is that a company can enter into a contract in its own name and entitled to acquire contractual rights and obligations. It is pertinent to note that such contractual powers can be exercised by […]

An Imposition of Penalty of Rs. 25 Cr on RIL Promoters

April 22, 2021 1938 Views 0 comment Print

Amid the COVID -19 clouds we have an another SEBI judgement on the RIL that made headlines ‘SEBI IMPOSES PENALTY OF RS. 25 Cr on RIL Promoters‘ and that headline made us believe that we are headstrong in protecting every investor and every individual. However it raised some basic questions of law and there retrospective […]

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