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Exemption U/s. 11 cannot be denied for delayed-filing of audit report alongwith return due to seizure of accounts

September 10, 2017 6510 Views 0 comment Print

Conclusion: Where assessee trust could not file audit report as its accounts having been seized were released for quite a shorter time period before filing of return, however, the audit report had been filed along with revised return filed by assessee even before last date prescribed for completion of assessment, AO was not justified in denying exemption under section 11.

The West Bengal Goods And Services Tax Act, 2017

September 10, 2017 4350 Views 0 comment Print

THE WEST BENGAL GOODS AND SERVICES TAX ACT, 2017 An Act to make a provision for levy and collection of tax on intra- State supply of goods or services or both by the State of West Bengal and the matters connected therewith or incidental thereto.

Practicing CA Cannot Enroll As A Lawyer: Gujarat HC

September 9, 2017 4824 Views 0 comment Print

01 The present petition is filed by the petitioner under Articles 226 of the Constitution of India as well as under Sections 24 and 28 of the Advocates Act, 1961 for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued to the Bar Council of India to enroll […]

SC on fixation of rent and its payment is statutory or contractual and Tax effect

September 9, 2017 1302 Views 0 comment Print

S. 37(1): in order to decide whether disputed lease rent is deductible in the year of fixation or in the year the dispute attains finality, the nature of fixation of rent, its payment, recovery etc. and whether it is statutory or contractual, have bearing. The Tribunal is required to bring the facts on record

Prevention Of Oppression And Mismanagement

September 9, 2017 36486 Views 0 comment Print

In general, the Company functions through the decisions of the Board of Directors who are guided by the wishes of the majority subject to welfare of the company. The general principle of company law is that every member holding shares of a particular class will have equal rights to vote. It has therefore become a Cardinal Rule of Company Law that prima facie, a majority of members of a company are entitled to exercise the powers of the company and generally control its affairs.

SC judgment on Presumption as to co-parcenary and self acquired property

September 9, 2017 8499 Views 0 comment Print

It is a settled principle of Hindu law that there lies a legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. The burden lies upon the member who after admitting the existence of jointness in the family properties asserts his claim that some properties out of entire lot of ancestral properties are his self-acquired property

HC admits Petition seeking GST exemption to Construction Services under Govt Approved Housing Projects

September 9, 2017 936 Views 0 comment Print

The Rajasthan High Court, last day admitted a petition seeking exemption to supply of construction services to affordable houses constructed under the Government approved Housing projects. The petitioners, Reverence Infrastructure (India) LLP, has approached the High Court impugning notifications issued under the CGST, and SGST whereby 9% percent tax was made applicable to two-third of the value of the intra- state services involving construction of complex building or civil structure and 18% was imposed on % on two-third of the value of inter-state services of construction of building or sale of its units thereof.

TDS not deductible on loss on subscription to chit

September 8, 2017 1938 Views 0 comment Print

In this case AO has made addition merely on the basis of ledger extract filed by the assessee on the assumption that the said payments are interest payments which attracts TDS under the provisions of section 194A of the Act, without conducting further inquiries in the background of the assessee’s claim that the said payments […]

Income Tax Appellate Tribunal Surat Bench inaugurated on 01.09.2017

September 8, 2017 2163 Views 0 comment Print

Hon’ble Ravi Shankar Prasad, Union Minister of Law & Justice Hand Electronics & Information Technology, inaugurated Surat bench of the Income Tax Appellate Tribunal, on 1st September, 2017. Hon’ble Shri P.P.Chaudhary, Union Minister of State for Law & Justice and Electronics & Information Technology, was the Guest of Honor of the function. Hon’ble Members of Parliament Shri C. R. Paatil, Smt. Darshana Jarodsh, Dr. K. C. Patel, Shri Manuskhbhai D. Vasva, and Shri Nathubhai G. Patel were also present on the occasion.

Shop and establishment license not required for less then 10 employees

September 7, 2017 225699 Views 39 comments Print

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (Mah. Act No. LXI of 2017), is hereby published under the authority of the Governor.

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