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No defamation of advocate for acting on instruction of client

October 7, 2020 6810 Views 0 comment Print

The Hon’ble Supreme Court and various High Courts has repeatedly held that an advocate, who acted professionally, as per the instruction of his/ her client, cannot be made criminally liable for offence of defamation unless contrary is alleged and established.

HC refuses to Prematurely pronounce in case related to Transfer Pricing

October 6, 2020 720 Views 0 comment Print

The issue under consideration is whether the writ petition filed against the order of DRP rather than first go for appeal before tribunal is justified in law?

HC: Capital gain on conversion of FCCBs into shares would be determined by adopting conversion price prevailing at BSE or NSE on date of conversion

October 6, 2020 3219 Views 0 comment Print

Director Of Income-Tax International Taxation Vs Intel Capital (Cayman) Corporation (Karnataka High Court) HC: Capital gain on conversion of FCCBs into shares would be determined by adopting conversion price prevailing at BSE or NSE on date of conversion Conclusion: AO was not justified in computing capital gains by adopting the cost of acquisition at Rs. 873.83 […]

Membership Fees Paid to Stock Exchange Allowed as Capital Expenditure

October 6, 2020 2061 Views 0 comment Print

The issue under consideration is whether the sum of admission fees paid to stock exchange will be allowed as capital expenditure? In light of Hon’ble Supreme Court judgement in the case of Techno Shares and Stocks Limited (supra) membership of stock exchange is to be treated as a capital asset.

Director not responsible for cheque issued & Dishonoured post his retirement

October 6, 2020 7749 Views 0 comment Print

Alibaba Nabibasha Vs Small farmers agri-busines Consortium & ORS (Delhi High Court) The Petitioner ceased to be the director of the respondent No. 2 with effect from 27th October 2010. The resignation of the petitioner was also notified to MCA. The cheques, totaling to INR 45 Lakhs, were issued on 31st December 2018 by respondent […]

How to resolve Inconsistencies in TDS/TCS Statements through Correction Statements

October 6, 2020 37949 Views 3 comments Print

When you file your TDS/TCS return, first the details regarding deposit of TDS/TCS made by you is compared with the data given by banks. The data is uploaded by banks on the basis of the TDS/TCS challans received by them. For this purpose, the Challan Identification Number (CIN), TAN and TDS amount as given in your TDS/TCS return is compared with the corresponding details given in the challan details provided by the bank that has accepted the tax. (CIN consists of the BSR code of the branch where you deposited the tax, date on which you deposited tax and the challan serial number which have been stamped on the counter foil of the challan given to you.)

Expense on buy-back of shares is revenue expenditure

October 6, 2020 11253 Views 0 comment Print

DCIT Vs Ocwen Financial Solutions Pvt. Ltd.(ITAT Bangalore) Facts- 1. Treatment of expenditure incurred on buy-back of shares- An assessee has spent amount of INR 8,90,961 on buy-back of shares and debited the same to Profit & Loss Account treating the same as ‘revenue expenditure’. AO treated the same as ‘capital expenditure’. 2. Set-off of […]

Compensation on Builder as per RERA if is Delay in Handing Over Possession

October 6, 2020 7692 Views 0 comment Print

The issue under consideration is whether Compensation will be levied on to the builder as per RERA if there is a delay in handing over the possession to the purchaser?

ITAT Grants the Stay of Demand for 2nd Time to Assessee as MAP Proceedings are Still Pending

October 6, 2020 1557 Views 0 comment Print

The issue under consideration is whether the stay of demand will be granted for the 2nd time to the assessee or not?

Re-opening of concluded assessment not valid if no failure on the part of petitioner to disclose fully & truly all material facts

October 5, 2020 1377 Views 0 comment Print

State Bank of India Vs. Vineet Agrawal (Bombay High Court) we are of the considered opinion that no reasonable view can be taken that there was failure on the part of the petitioner to disclose fully and truly all material facts necessary for its assessment for the assessment year 1990-91. If that be so then […]

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