"13 May 2023" Archive

Chartered Accountants, Company Secretaries & Cost Accountants under PMLA

Chartered Accountants, Company Secretaries & Cost Accountants – How far covered by the amendment to the Prevention of Money Laundering Act (PLMA) – (S.O. 2036(E).— the 3rd May, 2023) The main crux of the PLMA centres around the process of Verification of Identity & Activities of the client by reporting entities and ...

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SEBI Regulatory Framework For Micro, Small & Medium REITs (MSM REITs)

In the past 2-3 years, there has been a mushrooming of web based platforms offering fractional ownership of real estate assets. These platforms provide investors an option to invest in buildings and office spaces including warehouses, shopping centres, conference centres, etc. The minimum investment on these Fractional Ownership Platforms...

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Posted Under: CA, CS, CMA |

SEBI Consultation paper on Delisting of Non-Convertible Debt Securities

Delisting means permanent removal of securities of the entity from the trading platform of a recognised Stock Exchange, either voluntarily or compulsorily; once, the securities are delisted, no trading is permitted in such securities on the trading platform of Stock Exchanges....

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Posted Under: CA, CS, CMA |

Hon’ble SC directed governments to verify POSH compliance

Hon’ble Supreme Court (SC) of India directed to Center, State & U.T. governments to verify the POSH compliance The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 The Bill got the assent of the President on 22nd April 2013. Since 2013 it is mandatory for the organization to apply the rules [...

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Posted Under: CA, CS, CMA |

Addition of GST not paid on or before ITR due date when client not paid dues

Addition under section 143(1)(a) of the income tax Act with respect to GST not deposited on or before due date of ITR under section 139 of the Act when the client has not made payment to the assessee. The adoption of AI and automated systems by the Income Tax Department in India has brought about […]...

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Posted Under: CA, CS, CMA |

Addition u/s 69 sustained as no evidence produced to prove source of cash deposit

M. Natarajan Vs ITO (ITAT Chennai)

ITAT Chennai held that addition under section 69 of the Income Tax Act sustained as no corroborative evidence produced to prove the source for the cash deposits during demonetization period....

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Dept not permitted to file Revision Application under Section 35EE of Central Excise Act

Commissioner of Service Tax Vs Mail Order Solutions (I) Ltd (CESTAT Mumbai)Service Tax Appeal No. 85626 of 2014

Commissioner of Service Tax Vs Mail Order Solutions (I) Ltd (CESTAT Mumbai) The provisions regarding filing of appeals before the Tribunal are governed under the provisions of Section 86 of the Finance Act, 1994. Sub-section (1) ibid provides for filing of the appeal by an assessee before the Tribunal. The first proviso appended to sub-se...

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HC uphold cancellation of Customs Duty Exemption Certificate (CDEC) granted to Apollo Hospitals

Apollo Hospitals Enterprises Ltd. Vs Union of India, (Madras High Court)

Apollo Hospitals Enterprises Ltd. Vs Union of India, (Madras High Court) With reference to the order impugned dated 23.06.2010, the Director General of Health Services considered the issue, whether the petitioners did not comply with the requirements of the notification No.64/88-Customs dated 01.03.1988. It is brought to the notice of thi...

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Karnataka High Court quashes Rs 21,000 crore SCN to Gameskraft Ltd

Gameskraft Technologies Private Limited Vs Directorate General of Goods Services Tax Intelligence (Karnataka High Court)

Gameskraft Technologies Private Limited Vs Directorate General of Goods Services Tax Intelligence (Karnataka High Court) HC held that There is a distinct difference between games of skill and games of chance; games such as rummy, etc. as was discussed in several decisions above and particularized in the Division Bench decision of this Cou...

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Section 112(1)(c)(iii) overrides General Capital Gain computation Provisions for non-residents

Legatum Ventures Limited Vs ACIT (ITAT Mumbai)

Legatum Ventures Limited Vs ACIT (ITAT Mumbai) ITAT held that capital gains arising on the sale of unlisted shares by a non-resident has to be computed only by reference to the provisions of Section 112(1)(c)(iii) of the Income Tax Act, 1961 without cognizance to the provisions under Section 48 of the Act. From the perusal […]...

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