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NCLAT cannot enter into commercial wisdom of COC & disturb business decision

February 28, 2020 2748 Views 0 comment Print

Pacific World Shipping PTE Ltd. Vs Dadi Impex Pvt. Ltd. (NCLAT) The main grievance of the Appellant is that the Operational Creditors have been given only token 2% of their claims admitted while the Financial Creditors are given 100% of their claims. The learned Counsel for the Bank has then relied on Regulation 37 of […]

Get HRA rebate till you move into Your own house

February 28, 2020 5811 Views 0 comment Print

If you have receipts of house rent allowance and if you are paying rent, exemption u/s 10(13A) will be available. Section 24, which allows a deduction in respect of interest on capital borrowed for purchase/construction of a house property, permits this deduction for the interest that relates to the previous year in which the property is acquired or constructed.

Tonnage Tax Scheme – A simplified approach | Sec 115V to Sec 115VZC

February 28, 2020 83683 Views 1 comment Print

Qualifying Company – Section 115 VC: (a) it is a Indian company; (b) the place of effective management of the company is in India; (c) its own at least one qualifying ship; and (d) the main object of the company is to carry on the business of operating ships.

Is Financial Planning Important for Millennials?

February 28, 2020 2971 Views 1 comment Print

Fast changing lifestyles, technological advancements and economic growth have shaped millennials’ views and traits which has also impacted their outlook on financial planning. One such trait is the need to indulge in the moment which motivates them to work hard and party even harder ensuring that they live their life to the fullest. Millennials are […]

Limited scrutiny cannot be converted into complete scrutiny without seeking permission from competent authority

February 27, 2020 2430 Views 0 comment Print

Addition made u/s 69 was liable to be quashed as the order passed by AO would be nullity as he couldn’t convert limited scrutiny into complete scrutiny in absence of requisite approval from the competent authority.

Offer of RPS was considered as deemed public issue and abide by public issue norms of SEBI

February 26, 2020 1857 Views 0 comment Print

In re Deemed Public Issue Norms (Securities and Exchange Broad of India) Conclusion:  Offer of RPS by the company and pursuant allotment were deemed public issue of securities under the first proviso to Section 67(3) of the Companies Act, therefore, all the noticees were jointly and severally with the company forthwith refund the money collected […]

No service tax on sale of banking software to bank

February 26, 2020 648 Views 0 comment Print

Sale of banking software to a bank was ‘commercial exploitation’ merely because the bank deployed the software in its normal business activities was not correct in the absence of facts that establish otherwise or of any evidence that such was the transaction between assessee and the customers, therefore, demanding service tax on the same was not justified.

AO cannot ignore provisions of section 55(2)(b) in computation of indexed cost

February 26, 2020 3297 Views 0 comment Print

Computation of indexed cost of acquisition by the AO, taking the cost of acquisition at the cost price of 15.04.1976 without considering the provisions of section 55(2) clause (b) and taking the base cost inflation index at 406 is bad in law and we direct that Rs. 8,30,000/- must be taken as the cost of acquisition instead of Rs.1,122/-.. So we order accordingly.

No Disallowance for non deduction of TDS u/s 194H /194J in absence of principal-agent relationship & technical services

February 26, 2020 2901 Views 0 comment Print

Disallowance under Section 40(a)(ia) for non deduction of TDS u/s 194H and 194J on account of trade offers amounting to INR 834,92,63,976 provided by assessee to its distributors (HCL Info systems Ltd as well as other distributors) was not justified as there was absence of a principal-agent relationship thus, benefit extended to distributors could not be treated as commission under Section 194H and also, AO had not given any reasoning or finding to the extent that there was payment for technical service liable for withholding under Section 194J.

HRA Exemption on maintenance Charges Paid Separately?

February 26, 2020 127321 Views 8 comments Print

I am paying a house rent for Rs 14,000/- per month and additional Rs. 1,200/- towards maintenance for which receipt is being given to me every month. Will I get House Rent Allowance (HRA) exemption on Rs. 14,000/- or Rs 15,200/-. Please clarify.

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