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ITAT deletes addition for Notional Rent on Property lying vacant

December 17, 2020 2019 Views 0 comment Print

Empire Infraspace India Pvt. Ltd. Vs ACIT  (ITAT Mumbai) Actually, the premises in question was on rent earlier with the HDFC Bank. Under the compelled circumstances, the tenant HDFC Bank vacated the premises because the Metro Rail Project came before the premises, therefore, the said premise was vacated by Bank. On similar circumstances, the Hon’ble […]

CSR expense allowable till assessment year 2014-15

December 17, 2020 1575 Views 0 comment Print

Hindustan Tin Works Ltd. Vs DCIT (ITAT Delhi) The Explanation -2 has been inserted below the section 37 (1) of the Act with effect from 01/04/2015 i.e. assessment year 2015-16. According to the said Explanation, corporate social responsibility expenditure incurred shall not be deemed to be incurred wholly and exclusively for the purpose of business […]

Decoding CARO –Proprietary and Governance issues

December 17, 2020 1851 Views 0 comment Print

Central Government, in exercise of the powers, issued the Companies (Auditor’s Report) Order, 2020, (CARO 2020/ ‘the Order’) vide Order number S.O. 849(E) dated 25th February 2020. CARO 2020 was initially applicable for audits of financial year 2019-20 and onwards. Subsequently, its applicability has been deferred by one year. Accordingly, CARO 2020 is applicable for […]

CBIC notifies Rate of Exchange of Foreign Currencies wef 18.12.2020

December 17, 2020 1065 Views 0 comment Print

CBIC notifies Rate of Exchange of Foreign Currencies against India Rupees wef 18th December, 2020, vide Notification No. 113/2020-Customs (N.T.), Dated: 17th November, 2020. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) ***** Notification No. 113/2020 – Customs (N.T.) New Delhi, dated the 17th December, 2020 26 […]

APEDA provides a platform to ship the rice consignment from Varanasi region

December 17, 2020 510 Views 0 comment Print

Considering the potential of rice export from Varanasi region, APEDA coordinated with leading exporters of India and provided a platform to ship the consignment from Varanasi region. A flag-off ceremony of regional rice consignment was organised on 16th December 2020 at Sandaha Harhua Ring Road intersecting point Sindhora Road Under Pass, Varanasi.

Demanding loan from Deceased as part of duty cannot Be Termed as Abetment to Suicide

December 17, 2020 1578 Views 0 comment Print

Rohit S/O Nawanath Nalawade Vs State Of Maharashtra (Bombay High Court) Admittedly, the allegations are only to the effect that the applicant demanded outstanding loan amount from the deceased which was the part of his duty being employee of the Finance Company. In view of that, the demand of outstanding loan amount from the person […]

Penalty for accepting assignment as Liquidator after 31.12.2019 without holding a valid AFA in CIRP

December 17, 2020 1023 Views 0 comment Print

In the matter of Mr. Venkata Sivakumar, Insolvency Professional (IP) under Regulation 11 of the Insolvency and Bankruptcy Board of India (Insolvency Professional) Regulations, 2016

Addition based on third party statement without any opportunity of cross-examination to assessee not sustainable

December 16, 2020 10950 Views 1 comment Print

Where AO made addition under section 68 based on third party statement recorded by investigation wing, however, without affording opportunity of cross-examination to assessee, it amounted to violation of principles of natural justice and, therefore, addition was deleted.

Section 40(a)(ia) not applies in respect of a claim for depreciation

December 16, 2020 12261 Views 0 comment Print

From close scrutiny of Section 40(a)(i) of the Act, it is axiomatic that an amount payable towards interest, royalty, fee for technical services or other sums chargeable under this Act shall not be deducted while computing the income under the head profit and gain of business or profession on which tax is deductible at source; but such tax has not been deducted.

AAR application rejected as question raised in application is already pending

December 16, 2020 642 Views 0 comment Print

In re Dempo Diary Industries Limited (AAR Karnataka) The applicant themselves admitted that M/s KMF hold 90% shares and hence have management / administrative control over the applicant. M/s KMF are the owners of `Nandini’ brand, against whom an offence case is pending before DGGI, Bengaluru on classification of flavoured milk. Thus it is very […]

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