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Archive: April, 2021

Posts in April, 2021

Validity of holding of Income Tax Refund for pendency of Miscellaneous Application

April 27, 2021 1956 Views 0 comment Print

Holding legitimate refund due to the assessee assigning the reason that Miscellaneous Application is filed before the Income Tax Appellate Tribunal  is not as per Sections 240 and section 241 of  Income Tax Act, 1961. Section 240 covers the refund in case of Appeal effect. Punjab and Haryana High Court: Naurata Ram v. CIT [1998] 100 Taxman 266 […]

Cenvat eligible on Service Tax paid on GTA Services for Transportation of Goods from Factory to Customers Premises

April 27, 2021 957 Views 0 comment Print

Explore the CESTAT Chennai order in MRF Ltd. vs Commissioner of GST & CE. Understand the eligibility of cenvat credit on service tax paid for outward transportation of goods.

Authority could not deny benefit of Vivad Se Vishwas scheme if assessee was eligible for the same

April 27, 2021 2298 Views 0 comment Print

Bhupendra Harilal Mehta Vs Principal Commissioner of Income Tax (Bombay High Court) Conclusion: Direct Tax Vivad Se Vishwas (DTVSV) Act, 2020  was a beneficial legislation and department could not deny the benefit if assesee was eligible for the same. Thus, department had to pass a fresh order in Form No.3 determining tax payable by assessee as […]

Appointment of Auditors in Government Companies as per Companies Act, 2013

April 27, 2021 46053 Views 0 comment Print

All the Companies registered under the Companies Act, 2013 including Government Companies are required to maintain books of account and other relevant books and papers and financial statement for every financial year which give a true and fair view of the state of the affairs of the Company and get the book of accounts audited. […]

Trademark Infringement through Judgement of Mrs. Ishi Khosla V. Anil Aggarwal & Anr

April 27, 2021 5571 Views 0 comment Print

Infringement Of Trademark Throgh The Judgement of Mrs. Ishi Khosla V. Anil Aggarwal And Anr Intellectual Property law being one of the major commercial law of India has been the immense source of evolution of commercial laws in India and with the many leading judgement in our way have defined themselves, that how dynamic they […]

CSR & Sustainable Development Goals – Comparative study

April 27, 2021 14109 Views 3 comments Print

Comparative study and inter linking on Corporate Social Responsivity (CSR) and Sustainable Development Goals (SDGs) Brief Introduction CSR (Schedule VII of Companies Act) In India, CSR got its legal backing by virtue of Section 135 of companies Act 2013. Section 135 of the companies Act is from financial year 2014. India is one of the first few nations to […]

14 days Lockdown if Test Positivity exceeds 10% or Bed Occupancy exceeds 60%

April 27, 2021 2142 Views 0 comment Print

Districts fulfilling any one of the above two criteria are to be considered for taking intensive action and local containment measures. Local containment primarily focused on restricting intermingling of people is to be undertaken for a period of 14 days for breaking the chain of transmission duly following epidemiological principles. Classification of districts requiring intensive action and local containment is also to be undertaken by the State on a weekly basis and may also be made available online, besides being given due publicity in the media.

There is No Provision of Service Between Partners & Partnership Firm

April 27, 2021 10962 Views 1 comment Print

• In a partnership firm, partner‘s capital can be in the form of cash/asset. It can also be in the form of contribution of skill and labour alone without contribution in cash. The appellant is a partner performing some duties for which he has an expertise, skill in the marketing and distribution of the goods manufactured by partnership firm M/s Zydus Healthcare. And as a remuneration, the appellant have been received the amount which is nothing else but a special share in the profit.

Revocation of Cancelled GST Registration- A Relief For Non-Filers of Returns

April 27, 2021 105108 Views 27 comments Print

1. In view of the Global Pandemic Situation across the Country, the Supreme Court took Suo Motu cognizance of the situation arising out of the difficulties issued faced by the litigants in filing petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or any under the special law. 1.1 […]

AO can initiate reassessment if excess deduction was allowed based on wrong information supplied to it

April 27, 2021 1380 Views 0 comment Print

Aircel Cellular Limited Vs DCIT (Madras High Court) Legal provisions involved As per first proviso to Section 147 where assessment has already been made under Section 143(3) and assessee had disclosed truly and fully all material facts necessary for assessment then AO cannot initiate reassessment proceedings under Section 147 beyond 4 years from end of […]

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