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Advocate cannot seek Salary details of client’s Husband under RTI

October 22, 2018 3513 Views 0 comment Print

Rajesh Ramchandra Kidile Vs Maharashtra State Information (Bombay High Court, Nagpur Bench) Perusal of this application shows that the salary slips for the period mentioned in the application have been sought for by the Advocate. As rightly submitted by the learned counsel for the petitioner, the salary slips contain such details as deductions made from […]

Penalty u/s 272A(1)(c) can be levied for non-compliance of Section 131(IA)

October 22, 2018 10101 Views 0 comment Print

Young Indian Vs ADIT (ITAT Delhi) It is the submission of the ld. counsel for the assessee that the provisions of section 131(1) and provisions of section 131(1A) are different and since the provisions of section 272A(1)(c) prescribe levy of penalty for non-compliance to provisions of section 131(1) only and since there is no provision […]

No Service Tax on Restoration & Painting of Cylinders as ‘Maintenance and Repair Service’

October 22, 2018 1494 Views 0 comment Print

M/s. R.K. Cylinders Vs Commissioner Of Central Tax (CESTAT Bangalore) Going by the activity undertaken by the appellants as per the tender agreement, it is seen that he is not covered under (i) as above. Moreover, he is not a manufacturer of cylinders or he is not any person authorized by a manufacturer. It is […]

S. 10B STPI Commissioner approval should be construed as Board approval

October 22, 2018 2241 Views 0 comment Print

As per section 10B for an undertaking to be eligible as 100% Export Oriented Undertaking, it should fulfill the following conditions: i) The undertaking must have approved by the Development Commissioner ii) The approval so granted by the Development Commissioner should be subsequently ratified by the Board of Approval for Export Oriented Unit (EOU) Scheme.

Highly technical equipment cannot be differentiated into smaller parts

October 22, 2018 1011 Views 1 comment Print

Hindustan Aeronaurics Ltd Vs Commissioner of Customs (CESTAT Bangalore) It is evident by the submissions of the appellant that the impugned part is not only a mere sting or wire or rope but is part of A90B100 which consists of other units. It was not correct on the part of the department to isolate a minor part […]

Appeal filed with ITAT signed / verified by ex-director of company not valid

October 22, 2018 3723 Views 0 comment Print

UB Ostan (India) Private Limited Vs ITO (ITAT Mumbai) It is clearly evident that an appeal u/s 253 to the Tribunal is required to be filed in prescribed Form No. 36 and the same is to be signed by the persons specified in Sub-rule (2) of Rule 45. As per Sub-rule (2) of Rule 45, […]

PMS Fees deductible from Capital Gain

October 22, 2018 28098 Views 1 comment Print

Joy Beauty Care (P) Ltd. Vs DCIT (ITAT Kolkata) Ld. CIT(A) had accepted that the gains on sale of shares through Portfolio Management Services (PMS) providers to be taxed under the head capital gains. Against these findings of the Ld. CIT(A), the revenue has not preferred the appeal before us as per the material available […]

Addition for Bogus capital Gain cannot be made merely based on Statement of Assessee

October 22, 2018 1155 Views 0 comment Print

CIT Vs Pooja Agarwal (Rajasthan High Court) One of the main reasons for not accepting the genuineness of the transactions declared by the appellant that at the time of survey the appellant in his statement denied having made any transactions in shares. However, subsequently the facts came on record that the appellant had transacted not […]

Total Expense Ratio & Performance Disclosure for Mutual Funds

October 22, 2018 2928 Views 0 comment Print

A. Transparency in TER- In order to bring transparency in expenses, reduce portfolio churning and misselling in mutual fund (MF) schemes, the following shall be adhered to:

HC imposes cost on CST(A) for callous, negligent and disrespectful behaviour shown in Court

October 22, 2018 939 Views 0 comment Print

XLHealth Corporation India Pvt. Ltd. Vs UOI (Karnataka High Court) The total callous, negligent and disrespectful behaviour shown by the Departmental authorities in this Court should not be tolerated at all. It is this kind of lack of judicial discipline which if it goes unpunished, will lead to more litigation and chaos and such public […]

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