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NCLT Not a ‘Court’ or a ‘Tribunal’ Cannot Decide Legality of a Foreign Decree

February 21, 2019 5550 Views 1 comment Print

National Company Law Appellate Tribunal concluded that the National Company Law Tribunal (NCLT) is not a ‘Court’ or a ‘Tribunal’ and hence cannot decide legality of a foreign degree. NCLAT held that deciding the legality or illegality of a foreign degree is outside the jurisdiction of NCLT.

Section 269SS not applies to loan transaction between husband and wife

February 21, 2019 7596 Views 0 comment Print

Provisions of section 269SS was not applicable to the loan transaction between husband and wife because there was no relationship of the depositor or a creditor and no interest of parties were involved.

Section 10(22) exemption is allowable to American School of Bombay Education Trust

February 21, 2019 1086 Views 0 comment Print

Assessee-American School of Bombay Education Trust was eligible for income tax exemption u/s. 10(22) as assessee had reasonable cause and justified the expenses claimed in the Income and Expenditure statement filed along with the return of income.

LTCG or STCG to be assessed when income accrued to assessee

February 21, 2019 4110 Views 0 comment Print

It was held after the accrual of consideration, the capital gain was liable to be assessed in the hands of assessee and income from short term capital gain/long term capital gain was only liable to tax when it accrued to assessee

Receipts from “Sale of Software” not in nature of “Royalty” as per India-Ireland DTAA

February 21, 2019 4971 Views 0 comment Print

Receipts from sale of software cannot be treated as ‘royalty’ under the Double Taxation Avoidance Agreement (DTAA) between India and Ireland as payment had been made by assessee for use of copyrighted material rather than for the use of copyright in the computer software programme.

Non-charging of interest on loan to director – Perquisite?

February 21, 2019 6270 Views 0 comment Print

Non-charging of interest on the loan amount given by lending company to its director could not be a perquisite as no remuneration or salary in the capacity of the director had been drawn from the lending company nor any interest expenditure was shown in its profit and loss account.

Reassessment without issuance of notice U/s 143(2) is invalid

February 21, 2019 5232 Views 0 comment Print

Reassessment order passed by AO without issuing notice under section 143(2) was invalid as it is mandatory obligation of AO to serve notice by assigning reasons therein with regard to his belief of escaped tax liability before making reassessment of any escaped income.

MCA extends last date of of filing initial return in MSME Form I: ICSI

February 21, 2019 4956 Views 0 comment Print

THE INSTITUTE OF Company Secretaries of India IN PURSUIT OF PROFESSIONAL EXCELLENCE Statutory body under an Act of Parliament  21St February, 2019 Dear Professional Colleague Subject: Facilitation, Coordination and Knowledge Support by ICSI – Request for issuance of clarification for MSME Form I – Further update The Institute of Company Secretaries of India (ICSI) had […]

No Section 40A(3) disallowance, if cash payment for purchase of agricultural land was due to commercial expediency

February 21, 2019 10488 Views 0 comment Print

Disallowance under section 40A(3) with respect to cash payment made by assessee to farmers on Sunday for purchase of agricultural land could not be disallowed as Sunday was bank holiday and rule 6D(J)  was clearly attracted in assessees case as payment was made due to commercial expediency.

Only Advocates are authorized to plead and argue on behalf of litigants before court of law

February 21, 2019 10128 Views 1 comment Print

Only a special class of persons, namely, Advocates enrolled under The Advocates Act, 1961, have been authorised to plead and argue before a court of law, thus, any other person authorized or a recognized agent can do ‘other than pleading’.

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