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TDS U/s. 195 not applicable on Payment under Secondment if same is taxable in India as Salary

March 28, 2017 4773 Views 0 comment Print

By way of this appeal, the assessee appellant has challenged correctness of learned CIT(A)’s order dated 10th Jul 2012, in the matter of assessment under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for the assessment year 2009-10.

No LTC / Tax benefit on Foreign Tours provided to staff, TDS deductible

March 28, 2017 6642 Views 0 comment Print

The provisions of the Act are in relation to the travel concession/assistance given for proceeding on leave to any place in India and the said concession is thus exempt only where the employee has utilized the travel concession for travel within India. Further under Rule 2B of the Income Tax Rules the condition for allowing exemption under section 10(5) of the Act are laid down.

Wind up Petition by employee claiming unpaid Salary is Maintainable

March 28, 2017 8133 Views 0 comment Print

An employee can maintain a Petition for winding up of a Company under section 439 r/w sections 433(e) and 434 of the Companies Act, 1956 as a creditor based on the claim of the recovery of his unpaid salary and wages.

Reminder cannot be construed as an admission of non-service of notice: SC

March 28, 2017 2751 Views 1 comment Print

There is no bar under the N.I. Act to send a reminder notice to the drawer of the cheque and usually such notice cannot be construed as an admission of non-service of the first notice by the appellant as has happened in this case.

TDS on post film production services outside India by foreign Company

March 28, 2017 6408 Views 0 comment Print

The undisputed fact is that ‘VHQ’, i.e. the recipient merely carried out post production activities. Nothing has been brought before us to indicate or show that in the process of carrying out any work, whether any technical knowledge, experience, skill, know-how or process was made available to the assessee.

President assents Maternity Benefit (Amendment) Act, 2017

March 28, 2017 5577 Views 0 comment Print

(1) This Act may be called the Maternity Benefit (Amendment) Act, 2017. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint :

Revamping India’s 3E’s

March 28, 2017 1020 Views 0 comment Print

Solving India’s problems of poverty are complicated by the 10 lac kids joining the labour force every month for the next 10 years – our demographic dividend. But the only sustainable solution to both is recognizing that jobs and skills change lives in ways that no subsidy ever can.

Goods and Services Tax (Compensation to States) Bill, 2017

March 28, 2017 2625 Views 0 comment Print

THE GOODS AND SERVICES TAX (COMPENSATION TO STATES) BILL, 2017 A BILL to provide for compensation to the States for the loss of revenue arising on account of implementation of the goods and services tax in pursuance of the provisions of the Constitution (One Hundred and First Amendment) Act, 2016.

Need for Defining Misconduct for Advocates

March 28, 2017 1266 Views 0 comment Print

The question of creating a conducive environment for the effective regulation of the profession requires a statutory framework. This statute provides for the regulator’s powers in many subtle ways. The specificity of the words employed in the statute is one such subtle way in which powers and duties are framed.

Identifying Criteria of Hate Speech

March 28, 2017 1749 Views 0 comment Print

Freedom of speech is an essence to a democratic society, and limitations are subject to scrutiny. The Supreme Court of India in Shreya Singhal v. Union of India97 had differentiated between three forms of speech, discussion, advocacy and incitement.

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