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Archive: 23 April 2022

Posts in 23 April 2022

Invocation of section 263 unjustified if order of AO was not erroneous

April 23, 2022 942 Views 0 comment Print

Since we have already held that the AO has conducted proper enquiry and has taken a plausible view, therefore, the order cannot be held to be erroneous, therefore, in absence of fulfillment of twin conditions, PCIT is not justified in invoking the jurisdiction u/s 263 of the IT Act, 1961.

Section 271(1)(c) Penalty not sustainable on mere estimated additions

April 23, 2022 1236 Views 0 comment Print

In our considered opinion, additions which are mere estimated additions do not attract penalty u/s 271(1)(c) and it is not a fit case of levy of penalty.

ALP determinable for international transaction of Corporate Guarantee

April 23, 2022 1791 Views 0 comment Print

ALP of corporate guarantee has to be determined as it falls within scope and ambit of an international transaction after retrospective amendment to section 92B and 0.5% corporate guarantee is held to be appropriate.

Section 56(2)(viii)(c)(ii) not applies to money/ property received from close relatives

April 23, 2022 2385 Views 0 comment Print

It is held that transaction within the family and close relative are covered by the proviso to section 56(2)(viii)(c) and there is no application of the said section for taxing the income under the head ‘Income from other sources’. The provisions of s. 56(2)(viii)(c)(ii) shall not apply in case of money or any property received from any close relative.

Customized research advisory service not taxable as Royalty if no transfer of any copyright

April 23, 2022 1014 Views 0 comment Print

The assessee operates as a global services advisory and research company. Assessee assists corporations in developing and implementing leading edge sourcing strategies including captive outsourced and shared services approaches.

Basics of Accounting: Conventions, Principles & Concepts

April 23, 2022 158922 Views 0 comment Print

Accounting Conventions :– Accounting conventions are certain guidelines for complicated and unclear business transactions, though it is not compulsory or legally binding, however, these generally accepted principles maintain consistency in financial statements. While standardizing financial reporting process these conventions consider comparison, relevance, full disclosure of transactions, and application in financial statements. These are developed from […]

Retrenchment – Industrial Dispute Act, 1947 vs Industrial Relations Code, 2020

April 23, 2022 14271 Views 0 comment Print

Guidance on termination of employees. Legal reference: a) Industrial Dispute Act, 1947 (IDA) b) Industrial Relations Code, 2020 (IRC) I. INDUSTRIAL DISPUTE ACT, 1947 Pursuant to relevant provision of the IDA, where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his […]

Model Approval of Imported Goods

April 23, 2022 891 Views 0 comment Print

Approval of the model of imported goods under Legal Metrology is of two ways which include services for Non-Weight and Measuring instruments under which the registration of Packer or manufacturer is done and the registration for Legal Metrology packed commodities certificate is covered for the importer.  Then another type of approval and services are for […]

Fresh Legal Web Spinned For Nidhi Companies

April 23, 2022 1926 Views 1 comment Print

Nidhi (Amendment) Rules, 2022-Fresh Legal Web Spinned For Nidhi Companies With the advent of Nidhi (Amendment) Rules, 2022 made effective from 19th April, 2022, yet another set of new legal compliances have been imposed on Nidhi Companies by the Ministry of Corporate Affairs ( MCA ) in wake of the rising frauds and mis-deeds of […]

Post incorporation compliance for private company

April 23, 2022 22467 Views 0 comment Print

For every private company after incorporation must be done the post incorporation compliance as per companies act and other relevant acts. Here the author discusses only those compliance which are performed initial by the company from the incorporation. The compliance are divided into three parts first is mandatory, miscellanies and event base compliance. Here the […]

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