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Archive: 31 August 2021

Posts in 31 August 2021

CIT(A) cannot make addition on issues not covered by limited scrutiny

August 31, 2021 2637 Views 0 comment Print

Arjun Transport Company Private Limited Vs ITO (ITAT Mumbai)  In cases selected under ‘limited scrutiny’, the Assessing Officer cannot exceed the latitude of limited scrutiny unless the scope of scrutiny is expanded or the case is converted from ‘limited scrutiny’ to ‘complete scrutiny’ with the approval of authority, as specified by the CBDT in Instructions […]

Sec 138 NI Act- Complainant to prove the existence of a debt

August 31, 2021 19161 Views 1 comment Print

V.P. Zacharia Vs State of Kerala (Kerala High Court) his is a case where the 2nd respondent/accused has been successful in rebutting the statutory presumption under Section 139 of the Negotiable Instruments Act. The fact that there was an earlier transaction in the year 1995 and that liability had been settled by repayment is a […]

Applicability of tax audit & presumptive taxation in case a person is carrying on both Business & Profession

August 31, 2021 61653 Views 4 comments Print

Applicability of tax audit and presumptive taxation in case a person is carrying on both Business and Profession The limits specified for getting your accounts audited are different in case of business and profession.  Some persons are engaged in carrying on both business and profession at the same time. Now a question may arise in […]

Constitution of Committees by Companies | Companies Act, 2013

August 31, 2021 28014 Views 0 comment Print

Committees comprise of Board Members along with experts in such field for which the Committee has been formed. However, the Board of Directors are ultimately responsible for the acts of the committee. Board is responsible for defining the committee role and structure.

Revisional order passed merely based on notings & in absence of records was invalid

August 31, 2021 2871 Views 0 comment Print

North End Food Marketing Pvt. Ltd. Vs State of U P (Allahabad High Court) The preconditions for the exercise of powers are basically two folds, namely, error in the order passed by an officer subordinate to the revisional authority and prejudice to the interest of revenue. Once these two conditions stood fulfilled, it was incumbent […]

No TDS on payment towards lease line charges under section 194I

August 31, 2021 63864 Views 0 comment Print

TDS on payment towards lease line charge was liable to deduct under section 194J as against under section 194I as lease line services were standard automatic services which were availed by any telecom service provider for the transmission of data and was not under any exclusive arrangement.

SEBI: Extension of time for seeking membership of BASL

August 31, 2021 615 Views 0 comment Print

After due consideration, it has been decided to extend the timeline for seeking membership of BASL by existing IAs by a period of two months till October 31, 2021.

No Tax on Capital Gains on Sale of Agricultural Land which is not a capital asset

August 31, 2021 21240 Views 0 comment Print

Dashratbhai Gopalbhai Patel Vs ITO (ITAT Ahmedabad) We find that the assessee has successfully demonstrated that the land parcels situated as Adalaj does not fall within the meaning of expression ‘Municipality’ or ‘Municipal Corporation’ and therefore falls in exception provided in sub-clause (a) to Section 2(14)(iii) of the Act. As stated on behalf of assessee, […]

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