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NDMC (Determination of Annual Rent) bye laws, 2009 are Ultra Vires of NDMC Act

January 22, 2019 4920 Views 0 comment Print

New Delhi Municipal Council Etc. Vs Association Of Concerned Citizens Of New Delhi And Others Etc. (Supreme Court of India) FACTS – NDMC made NDMC House Tax Bye-laws, 1962 and was published on 24th April, 1964. Section 60 empowers levy of taxes which includes property tax. NDMC adopted existing 1962 bye-laws in so far as levy […]

Companies (Prospectus and Allotment of Securities) Amendment Rules, 2019

January 22, 2019 8907 Views 0 comment Print

Companies (Prospectus and Allotment of Securities) Rules, 2014 shall not apply to an unlisted public company which is:— (a) a Nidhi; (b) a Government company or (c) a wholly owned subsidiary.

Specified Companies (Furnishing of information about payment to micro and small enterprise suppliers) Order, 2019

January 22, 2019 124761 Views 17 comments Print

Every specified company shall file in MSME Form I details of all outstanding dues to Micro or small enterprises suppliers existing on the date of notification of this order within thirty days from the date of publication of this notification.

Individual coparcener cannot be taxed for capital gain on property of HUF

January 22, 2019 5253 Views 0 comment Print

An individual coparcener who was shown as owner in the registered sale deed could not be assessed for capital gain arising in respect of the property belonging to Hindu Undivided Family.

Exemption U/S 54B Available for Purchase of Agricultural Land in Son’s Name

January 21, 2019 5634 Views 0 comment Print

Balu Vitthal Kharate Vs ACIT (ITAT Pune) Amendment to section 55A is effective from 01.07.2012 and the same doesn’t have retrospective effect. Exemption u/s 54B cannot be denied on the base that the land was purchased in son’s name when the new land was used for agricultural purpose. FACTS – Assessee, along with 5 other […]

News of mass prosecution notices for small TDS default is completely misleading: CBDT

January 21, 2019 13875 Views 1 comment Print

Central Board of Direct Taxes (CBDT) today said that certain news items that appeared in a section of media regarding enmasse issue of prosecution notices to small companies for TDS default are completely misleading and full of factual inaccuracies. CBDT clarified that Mumbai Income Tax TDS office has issued prosecution show cause notices only in a limited number of big cases where more than Rs. 5 lakh of tax was collected as TDS from employees etc and yet the same was not deposited with the Income Tax Department in time.

SEBI (Prohibition of Insider Trading) (Amendment) Regulations, 2019

January 21, 2019 8922 Views 0 comment Print

These regulations may be called Securities and Exchange Board of India (Prohibition of Insider Trading) (Amendment) Regulations, 2019.

Tax Consultant Arrested in Rs. 582 Crores Bogus Bill GST fraud Case

January 21, 2019 8787 Views 0 comment Print

CGST Vadodara booked a case of circulation of fraudulent invoices worth Rs 582 crores, without any supply of goods, by a Vadodara based firm, for availing and passing on of illegal GST input credit. The firm was managed by a tax consultant, who has since been arrested. OFFICE OF THE PR. COMMISSIONER CENTRAL GST & […]

GST not levaible on activities carried out by DISCOMS against recovery of charges from consumers

January 20, 2019 7653 Views 0 comment Print

Torrent Power Ltd. Vs. Union of India (Gujarat High Court) Gujarat High Court quashed the Circular No. 34/8/2018-GST dated 01.03.2018 which proposes  levy of GST on activities carried out by DISCOMS against recovery of charges from consumers under the State Electricity Act i. Application fee for releasing connection of electricity ii. Rental Charges against metering […]

Test of Proportionality must guide in determining if presumption under Sec.139 was rebutted

January 18, 2019 1563 Views 0 comment Print

It was held that in determining whether the presumption has been rebutted, the test of proportionality must guide the determination. The standard of proof for rebuttal of the presumption u/s 139 is guided by a preponderance of probabilities.

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