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No legal bar on merger of an Indian LLP with an Indian Company

June 11, 2018 2679 Views 0 comment Print

M/s. Real Image LLP  Vs  M/s. Qube Cinema Technologies Private Limited (NCLT) Legislative intention behind enacting both the LLP act 2008 and The Companies Act 2013 is to facilitate the ease of doing business and create a desirable business atmosphere for companies and LLPs. For this purpose, both the Acts have provided provisions for merger or amalgamation […]

Penalty cannot be levied where a bonafide claim of assessee was rejected

June 11, 2018 1659 Views 0 comment Print

These are the appeals filed by assessee against the order of CIT(A)-16, Mumbai dated 14/08/2015 for A.Y.1997-98 and 2003-04, in the matter of imposition of penalty u/s.271 (1 )(c) of the IT Act.

Disclosure by Exchanges related to Deliverable Supply and Position Limits Calculation for Agricultural Commodity Derivatives

June 11, 2018 651 Views 0 comment Print

SEBI vide its circular No. CDMRD/DMP/CIR/P/201 7/84 dated July 25, 2017 had prescribed a principle based methodology for revising the commodity-wise numerical value of overall client level open position limits for agricultural commodities with reference to the ‘deliverable supply’ of the such commodities available in the country during a financial year.

Nature of Interest awarded U/s. 28 of Land Acquisition Act, 1894

June 10, 2018 27219 Views 0 comment Print

Dnyanoba Shajirao Jadhav Vs ITO (ITAT Pune) Interest awarded u/s. 23(1A) and 23(2) r.w.s. 28 of the L.A. Act is in the nature of solitium and an integral part of compensation. It is an admitted position that the receipt of compensation awarded under L.A. Act is a capital receipt. Whereas, interest awarded u/s. 34 of the […]

Shah Rukh Khan gets relief from penalty on Notional Income from Dubai Villa

June 10, 2018 3738 Views 0 comment Print

No penalty under Sec. 27(1)(c) of the Act could have been imposed on the assessee in respect of the addition of an amount of Rs. 47,66,952/- made by the A.O towards notional income of the villa owned by the assessee at Dubai.

The IBC (Amendment) Ordinance, 2018 and the Homebuyer

June 10, 2018 1218 Views 0 comment Print

The new IBC (Amendment) Ordinance, 2018 equates an allottee of a real estate project to be a person having a commercial effect of borrowing. He is now treated as financial creditor. He can initiate a corporate insolvency for a resolution against the errant developer.

Leasing of immovable property & support services is mixed supply

June 9, 2018 3831 Views 0 comment Print

In re  Awla Infra (AAR Haryana) ‘Whether GST is exempt or is applicable on the Private Entrepreneurs Godowns built under the PEG-2008 scheme of the FCI and leased out to the Nodal Agency (UPSWC) on ‘Lease and services basis’ for the storage of FCI’s food grain stocks (Wheat)’? Ruling In view of the above discussions and […]

ITAT deletes addition for jewellery in excess of limit prescribed under CBDT Instruction No. 1916

June 9, 2018 3966 Views 0 comment Print

ITAT held that the excess jewellery found in the case of assessee, his parents, his wife, their children and the HUF was very nominal, and was very much reasonable, keeping in mind the riches and high status and more customary practices.

Facebook to explain over reports of data sharing without consent

June 9, 2018 789 Views 0 comment Print

Recently there are media reports claiming that Facebook has agreements which are allowing phone and other device manufacturers’ access to its users’ personal information, including that of their friends without taking their explicit consent. The Government of India is deeply concerned about reports of such lapses / violations.

CBDT dedicates fortnight for pending appeal effect – rectification matters

June 9, 2018 1389 Views 2 comments Print

Redressal of public grievances and taxpayer service is an area of top priority for the CBDT and the Income Tax Department. In this connection, a fortnight from 1st June to 15th June, 2018 has been dedicated for expeditious disposal of pending appeal effect and rectification matters.

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