"13 June 2022" Archive

अनुकम्पा नियुक्ति (Compassionate Appointment) और पारिवारिक पेंशन (Family Pension)

नियुक्तियों के लिए विभिन्न विभाग नीतिया बनाते हैं जिसमे मूलतः मृतक कर्मचारी के आश्रित अनुकम्पा नियुक्ति के हक़दार होते हैं। "आश्...

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Posted Under: Corporate Law |

Show Cause Notice Under GST – Relevant case laws

Below discussed case laws are part of article  – Show cause Notice under GST – A Complete Analysis SCN can be quashed by HC in certain cases -Cases where the Constitutional vires of the very enactment under which the proceedings are initiated is under challenge; -Cases where the proceedings have been initiated or concluded in [&h...

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Posted Under: Corporate Law |

Presence of Counsel/CA during Search/Survey or Recording of statement should be allowed?

Should Presence of Counsel/CA be allowed during the course of Income Tax/GST Search/Survey & during Recording of statement? It is common knowledge that the officers of the Income Tax/GST Department seldom allow CA/Advocate of the assessees during the course of searches nor are the CA/Advocate allowed during interrogation or recording ...

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Posted Under: Corporate Law |

Carry Forward & Set Off of Accumulated Business Losses and Unabsorbed Depreciation in Certain Cases

Carry Forward and Set Off of Accumulated Business Losses and Unabsorbed Depreciation in Certain Cases of Amalgamation, Demerger, Re-organisation of business & Conversion of a company into LLP 1. Amalgamation Applicability: This section applies where there has been an amalgamation of – i. a company owning an industrial undertaking[i]...

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Posted Under: Corporate Law |

Charitable Trusts – All about Investments, Corpus & Anonymous Donation

Income derived from property held under trust or of an institution wholly for charitable / religious purpose is exempt, if 85% of the income is spend for the objects of the trust, during the year. If amount spent is less than 85% the income, the shortfall is taxable, unless the trust has complied with the […]...

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Posted Under: Corporate Law |

Digital Taxation in India: A Need of Present Time?

Abstract Rapid business and technological digitization throughout the nation cause tax authorities to lose sight of how to oversee taxpayer compliance with tax regulations and collect all due taxes. By 2026, the e-commerce sector is estimated to be over $ 200 billion, and the Indian government’s part of the pie would result in signi...

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Posted Under: Corporate Law |

Prevention Detention Is Exceptional Being Draconian in Nature

In last few months, it is manifest that the law of prevention detention is being invoked progressively by department. The legal provisions of the preventive detention are exceptional and even draconian in nature and can be invoked only in extreme cases. It is imperative to mention here that personal liberty is one of the most […]...

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Posted Under: Corporate Law |

Addition based only on loose paper is unsustainable

Solitare World Pvt. Ltd Vs ACIT (ITAT Delhi)

Solitare World Pvt. Ltd Vs ACIT (ITAT Delhi) Loose paper found during search on standalone could not be used as a basis for making the addition without the company of any other supportive material and evidence. Facts- A search and survey operation u/s 132/133A was carried out on 15.10.2013 in SRM group of eases by […]...

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Income accrues only when services are rendered

DCIT Vs Hyderabad Educational Institutions Pvt. Ltd (ITAT Hyderabad)

DCIT Vs Hyderabad Educational Institutions Pvt. Ltd (ITAT Hyderabad) The tuition fee is received in the last quarter of a financial year, however, the corresponding service is rendered by the assessee in the next quarter which falls in a different financial year. Accordingly, held that income accrues only when the right accrued by renderi...

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Addition u/s 40A(3) unsustainable in absence of incriminating material

S. Ashokan Vs DCIT (ITAT Chennai)

S. Ashokan Vs DCIT (ITAT Chennai) Addition towards cash payments u/s 40A(3) unsustainable in absence of any incriminating materials found during search – claim of assessee abruptly rejected that cash found during search pertains to earlier AY. Facts- The first issue in assessee appeal is validity of assessment order passed by the AO u/s...

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