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Archive: 14 October 2022

Posts in 14 October 2022

After dividend payment SEBI cannot initiate action u/s 207 of Companies Act, 1956

October 14, 2022 1605 Views 0 comment Print

Karnataka High Court held that once the dividend is paid by the company, SEBI has no power to initiate any action against the company or its directors who have defaulted in payment of dividend as specified under Section 207 of the Companies Act, 1956.

Equalization levy not applicable on person merely acting as conduit

October 14, 2022 1794 Views 0 comment Print

ITAT Jaipur held that equalization levy not applicable as role of the assessee is merely conduit between the entity carrying out the advertisement and Google. The ultimate benefit of such advertisement is not desired by the assessee.

Corporate debtors cannot seek production of original corporate guarantee deed

October 14, 2022 396 Views 0 comment Print

NCLT Hyderabad held that dismissed the application of corporate debtors as provisions of rule 43 of the NCLT Rules empowers the Adjudicating Authority, and not to the corporate debtors, to seek production of documents.

Summary of Section 44B of Income Tax Act, 1961 with amendments

October 14, 2022 2520 Views 0 comment Print

Understand Section 44B of the Income Tax Act, 1961 with amendments. Learn about the tax implications for non-resident individuals engaged in shipping business.

List of Audit Firms that have not filed NFRA-2 forms

October 14, 2022 16200 Views 0 comment Print

1) Rule 5 of NFRA Rules 2018 (as amended from time to time) auditors of class of companies specified in Rule 3 of the above referred Rules are required to file with NFRA an annual return in specified form viz. NFRA-2, on or before 30th November every year. However, in order to provide sufficient time, […]

TP – ALP: Every Assessment Year is A Separate Unit, governed by its own peculiar facts

October 14, 2022 1917 Views 0 comment Print

Court is of the view that every Assessment Year is a separate unit which is governed by its own peculiar facts and difference of opinion between the parties, as to the appropriateness of one or the other methods to calculate arm’s length price, cannot per se be a ground for interference

Make West Bengal State Support for Industries Scheme, 2008 GST-compliant: HC

October 14, 2022 891 Views 0 comment Print

HC directs Department of Industry to take requisite steps to make West Bengal State Support Industries Scheme, 2008 GST-compliant within a period of 16 weeks

ITAT allows provision for sales return of seeds having short shelf life

October 14, 2022 1056 Views 0 comment Print

DCIT Vs Prabhat Agri Biotech Limited (ITAT Hyderabad) It is a fact that the assessee supplies seeds to its distributors located in the states of Kerala, Andhra Pradesh and Karnataka and after the season is complete the sales distributors identify the stock of seeds of various varieties which are not sold by the end of […]

No penalty for Cash Loans from sister concerns to pay to labourers at remote place

October 14, 2022 516 Views 0 comment Print

Loans been taken by Assessee from a sister concern in cash to make payments to labourers at site. This was held to be a reasonable explanation

Section 147 assessment proceeding invalid if no valid service of notice

October 14, 2022 537 Views 0 comment Print

It is trite law, valid service of notice under section 148 of the Act is sine qua non for proceeding under section 147 of the Act. In absence of valid service of notice under section 148 of the Act, the assessment proceeding under section 147 of the Act has to be declared as invalid.

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