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Liability to pay GST: HC ask parties to avail alternate remedy of Arbitration available as per agreement

November 15, 2018 858 Views 0 comment Print

Chandra Kishor Singh Vs. Director, Construction And Design Services U P Jal Nigam  (Allahabad High Court) The petitioner is a contractor who has been granted a contract for construction of 100 Boys’ Hostel GIC, Pratapgarh by the Construction and Design Services U.P. Jal Nigam, respondent no.4. The parties have entered into an agreement for the […]

Conversion of unpaid interest into loan not amounts to deemed payment of interest U/s. 43B

November 15, 2018 3465 Views 0 comment Print

Interest can only be allowed when it is actually paid and conversion of unpaid interest into loan does not amount to deemed payment of interest in terms of section 43B.

Year of indexation in respect of Gifted / Inherited property

November 15, 2018 12774 Views 0 comment Print

While computing capital gains arising on transfer of a capital asset acquired by assessee under a gift or will, indexed cost of acquisition has to be computed with reference to year in which previous owner first held asset and not with reference to the year in which the assessee became owner of asset.

Assumption of jurisdiction U/s. 153A invalid if No incriminating material found

November 15, 2018 2025 Views 0 comment Print

Since no assessment was pending on the date of search and addition had been made on basis of post-search enquiries and statements recorded under section 132(4) on various persons, therefore, AO had no power to assume jurisdiction under provisions of section 153A as no incriminating material was found.

Section 50C not applies to Sale of right to property

November 15, 2018 2721 Views 0 comment Print

Baniara Engs (P) Ltd. Vs ITO (ITAT Kolkata) From the reading of Sec. 50C, it is evident that Sec. 50C is a deeming provision and it extends to only to land or building or both. Section 50C can come into play only in a situation where the consideration received or accruing as a result of the […]

S. 241(1)(c) Penalty cannot be imposed for merely for Rejection of Registration by RBI

November 15, 2018 1656 Views 0 comment Print

Farrukhabad Investment (India) Ltd Vs DCIT (ITAT Agra Third Member) The Id. DR cited several reasons, which, in his opinion, justified imposition of penalty, such as,. the RBI rejecting the application for registration of NBFC; names and addresses of the depositors not available; no books of account or vouchers available; a qualification by the auditors […]

Radiation Portal Monitors and Container Scanner at designated ports by 31.03.2019

November 15, 2018 549 Views 0 comment Print

The period for installation and operationalisation of Radiation Portal Monitors and Container Scanner in the designated ports is extended up to 31.03.2019.

No adverse inference can be drawn on Failure to offer cross-examination of persons whose statements are relied

November 15, 2018 2304 Views 0 comment Print

Failure by the AO to offer cross-examination of the persons whose statements are relied upon means that no adverse inference can be drawn against the assessee.

Merely because AO did not raise specific queries & is silent in assessment order does not mean there is no application of mind

November 15, 2018 2640 Views 0 comment Print

State Bank Of India Vs ACIT (Bombay High Court) It is submitted that in this case, the Assessing Officer while passing the regular assessment orders had overlooked and/or ignored this particular claim. It is submitted that it is not a case of change of opinion as neither the assessment order referred to allowing of this […]

Disclosures of commodity risks & risk management activities by listed entities

November 15, 2018 3183 Views 1 comment Print

Regulation 34(3) read with clause 9(n) of Part C of Schedule V of Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 (SEBI LODR Regulations) mandates listed entities to make disclosures regarding commodity price risk and hedging activities in the Corporate Governance Report section of the Annual Report of a listed entity.

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