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Archive: 23 May 2022

Posts in 23 May 2022

ROC Filing due dates FY 2021-22

May 23, 2022 66987 Views 0 comment Print

Stay compliant with ROC filing due dates for FY 2021-22. Learn about the annual return process for private and limited companies.

Insurance company liable only in respect of passengers for whom insurance taken or can be taken

May 23, 2022 17121 Views 0 comment Print

National Insurance Co. Ltd. Vs Anjana Shyam & Ors (Supreme Court of India) Supreme Court HELD THAT – ‘Insurance company can be made liable only in respect of the number of passengers for whom insurance can be taken under the Motor Vehicles Act and for whom insurance has been taken as a fact and not in […]

Section 5 of Indian Limitation Act not applies to proceedings under Section 34 of Arbitration Act

May 23, 2022 7362 Views 0 comment Print

State of Rajasthan Through Chief Engineer Vs Godhara Construction Company (Rajasthan High Court) It is not in dispute that the arbitral award was passed on 29.07.2000 and the objections were filed by the appellant-State of Rajasthan under Section 34 of the Act of 1996 on 21.11.2000. It is an admitted position of law that the […]

No bar under law to initiate fresh reassessment proceedings

May 23, 2022 702 Views 0 comment Print

Shivsamarth Group Vs PCIT (ITAT Pune) Admittedly, in the present case, the order which is sought to be revised is the order dropping the reassessment proceedings u/s 147 of the Act. On carefully going through the material on record, it would be clear that the original reassessment proceedings were initiated with view to tax the […]

ITAT on allowability of Payment to Formula one Car Driver

May 23, 2022 594 Views 0 comment Print

GSA Gestions Sportives Automobiles SA Vs DCIT (ITAT Delhi) The Income Tax Appellate Tribunal (ITAT), Delhi bench has held that penalty can’t be invoked under Income Tax Act without relevant documents which substantiate business activities. The appellant GSA (Gestions Sportives Automobiles) is a company engaged in providing services of qualified motor racing drivers to teams […]

Fixation of salary of MD’ is not within the domain of IBC: NCLAT

May 23, 2022 1227 Views 0 comment Print

Omega Laser Products B.V. Vs Anil Agrawal (NCLAT Delhi) It is seen from the record that the remuneration of the MD is a ‘disputed question of fact’. It is not within our domain under IBC to ‘decide the issue of the fixation of the salary of the MD’, but to ascertain if there is any […]

Section 54F exemption not allowable if no property purchased or constructed within stipulated period

May 23, 2022 2619 Views 0 comment Print

Asha Bhausaheb Thube Vs ITO (ITAT Pune) Section 54F of the Act requires assessee to purchase new residential house within a period of Two years after the date of Sale or construct within a period of Three years. In this case, it is a fact that assessee has neither purchased nor constructed a residential house […]

HC grants Anticipatory Bail to EX CEO of J.K. Shah classes who formed EDNOVATE classes

May 23, 2022 6741 Views 0 comment Print

Case of the prosecution is that the applicant is a Chartered Accountant and Company Secretary engaged in the profession of teaching students who aspire to become Chartered Accountant. The complainant is the Managing Director of a Coaching Institute for CA and CS titled as J.K. Shah Education Private Limited.

Section 80IB Deduction: DEPB excluded from export incentive will also be excluded from total turnover

May 23, 2022 993 Views 0 comment Print

Polybond India Pvt. Ltd. Vs JCIT (ITAT Pune) It is seen that the assessee claimed deduction u/s 10B of the Act. In the computation of deduction, the assessee inter alia, excluded DEPB entitlement of Rs.48.28 lakhs from the `export turnover‟ which amount was also excluded from the amount of `total turnover’. The authorities below have […]

HC allows Refund of amount unlawfully collected along with interest on delayed refund

May 23, 2022 3204 Views 0 comment Print

Refund was allowable to assessee alongwith the interest on delayed refund as the officer arbitrarily and illegally withheld the amount of refund despite the order of the first appellate authority dated 30.06.2018 for refund.

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