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Archive: 28 April 2023

Posts in 28 April 2023

Deduction u/s 80P allowable only if claimed via valid return

April 28, 2023 3945 Views 0 comment Print

Kerala High Court held that deduction under section 80P of the Income Tax Act is allowable only if the same is claimed via a valid return.

Contract Labour In India

April 28, 2023 5220 Views 0 comment Print

Explore the challenges and legal framework surrounding contract labour in India. Understand the Contract Labour (Regulation and Abolition) Act, 1970, and its implications for both workers and employers. Learn about the challenges faced by contract workers, including exploitation, job insecurity, and the lack of benefits.

Penalty u/s 271(1)(c) on highly debatable issue is unsustainable

April 28, 2023 1311 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 271(1)(c) of the Income Tax Act on a highly debatable issue is unsustainable in law.

Issues related to port charges for DPD-CFS containers

April 28, 2023 540 Views 0 comment Print

CFSs & Port Terminals are directed to ensure compliance as enumerated in Para 4.4 of Public Notice No. 77/2017 dated 21.06.2017 & move the containers covered under DPD-CFS from the Port to CFS within 48 hours (Free Time)

Depreciation on goodwill cannot be rejected merely because performance didn’t match projection

April 28, 2023 477 Views 0 comment Print

ITAT Delhi held that depreciation on goodwill cannot be rejected merely because performance didn’t match projections. Notably, valuation of goodwill on discounted cash flow method was duly accepted by AO.

India and Lay-off Laws

April 28, 2023 31629 Views 1 comment Print

Section 2 (kkk) of the Industrial Disputes Act, 1947 defines the term ‘Layoff’’ as the inability, failure, or refusal of the employer to provide employment to a workman whose name is mentioned in the muster roll of his industrial establishment and who is not retrenched due to the lack of power, coal, raw materials, accumulation of stocks, breakdown of machinery or natural calamity for any other relevant reason.

Address to deliver Income Tax notice in case of person in judicial custody

April 28, 2023 1635 Views 0 comment Print

PCIT Vs Narayan Kumar Khaitan (Orissa High Court) Case Law on Service of notice required through Superintendent of Jail if assessee is in judicial custody. A search and seizure operation under section 132 was conducted on SM and group wherein certain incriminating documents were found. Subsequently, assessment in case of assessee was completed under section […]

NFRA penalises & debarred CA for Audit failures in violation of law & SA

April 28, 2023 2583 Views 0 comment Print

NFRA imposes penalty of Two Lakhs on CA Hemant Khator Swami who was  Engagement Partner for the statutory audit of Women Next Loungeries Ltd for Financial Year 2016-17 for Audit failures and also debarred him for two years from being appointed as an auditor or internal auditor or from undertaking any audit in respect of […]

NFRA penalises and debarred CA for Audit failures

April 28, 2023 4044 Views 0 comment Print

NFRA imposes penalty of Two Lakhs on CA Narayan Prasad Swami who was  Engagement Partner for the statutory audit of Women Next Loungeries Ltd for Financial Year 2017-18 for Audit failures and also debarred him for two years from being appointed as an auditor or internal auditor or from undertaking any audit in respect of […]

Calcutta HC order on inordinate delay to approach writ court

April 28, 2023 963 Views 0 comment Print

The Calcutta high court in this case was dealing with challenge to declaration of the petitioner herein as a wilful defaulter vide order passed in October,2018 when the counsel for the bank challenged maintainability on the ground of delay. The bank argued that the immediate cause of the writ was the lookout circular which was issued against the petitioner whereupon the petitioner was not allowed to travel abroad.

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