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Archive: February, 2022

Posts in February, 2022

NCLAT allows exclusion of 90 days from the CIRP

February 23, 2022 3378 Views 0 comment Print

In Re Vinod Tarachand Agrawal Resolution Profession of Mayfair Leisures Limited (NCLAT Delhi) The Ld counsel for the appellant has stated that the exclusion of 90 days from the CIRP of the CD would save the company from ‘Liquidation’. It was also pointed out by the ld. Counsel that there was a ‘Prospective Resolution Applicant’ […]

No Service Tax on amount recovered as Liquidated Damages

February 23, 2022 3135 Views 0 comment Print

Rajcomp Info Service Limited Vs Commissioner (CESTAT Delhi) In this case Liquidated damages, has been held to be susceptible to service tax under section 66E(e) of the Finance Act by the Commissioner as an amount received for tolerating an act. According to the appellant, the liquidated damages recovered on account of breach or non-performance of […]

Sales Tax dues of Company cannot be recovered from directors

February 23, 2022 6288 Views 0 comment Print

Nehal Ashwinkumar Shah Vs State of Gujarat (Gujarat High Court) Gujarat High Court held that unlike Section 179 of the Income Tax Act, 1961, there is no provision in the Sales Tax Act fastening the liability of the company to pay its sales tax dues on its Director. It further held that The attachment on […]

CA accused of Hawala Scam, gets Anticipatory Bail

February 23, 2022 5595 Views 0 comment Print

Mukund Dattatray Kurne Vs State of Gujarat (Civil & Session Court Ahmedabad) The ld advocate argued that applicant is a Chartered Accountant and he had appointed as C.A and he had audited account for the year 2014-15 and 2015-2016. He has argued that this applicant is not a director and contended that the role of […]

Mere failure to pay tax will not constitute offence under Section 276C(2)

February 23, 2022 7152 Views 0 comment Print

S.P. Velayutham Vs ACIT (Madras High Court) Mere failure to pay the tax in time without any intention or deliberate attempt to avoid tax in totality or without any mens rea to avoid the payment, the word employed ‘wilful attempt’ cannot be inferred merely on failure to pay tax in time. If the intention of […]

Review in the garb of reassessment is absolutely prohibited

February 23, 2022 3078 Views 0 comment Print

Tata Sons Limited Vs DCIT (Bombay High Court) This is a case where the scrutiny assessment was completed and order under section 143(3) of the Act has been passed followed by a rectification order under section 154 of the Act. Therefore Petitioner’s case has been considered at two stages, (i) When the assessment order was […]

HC surprised with reasons recorded for reopening & hoped for better reasons

February 23, 2022 2382 Views 0 comment Print

Nirmal Bang Securities Pvt Ltd Vs ACIT (Bombay High Court) In this case reasons quoted were bereft of any material as AO quoted that search information is received with regard to accommodation entry But  does not indicate what address was searched, from whom such information was received, what date the search happened, what date the […]

No advance ruling where supplies undertaken prior to date of filing of application

February 22, 2022 3048 Views 2 comments Print

Since the question posed by the applicant related to supplies undertaken prior to the date of filing of the application for advance ruling, no ruling can be given on the questions. Hence, it is not maintainable and rejected.

Truck owner Registration number not relevant to decide Section 194C applicability

February 22, 2022 2331 Views 0 comment Print

Registration number of truck owner is not relevant for deciding applicability of Section 194C but it is personnel/truck operator from whom trucks are hired.

Guide on Taxation Issue relating to Intra Day Trading and Short Term Trading

February 22, 2022 49540 Views 1 comment Print

It was March 2020, almost 2 years after the first Covid Lockdown. Many youngsters entered the Stock Market first time during this period. Nearly 8,39,81,228 Active accounts are managed by CDSL and NSDL. People started trading intraday, BTST, STBT, Option selling, futures. For them, they are either trading or investing. But from a taxation perspective, […]

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