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GST on reimbursement received of actual Stipend amount from Industry partner

March 14, 2022 1005 Views 0 comment Print

In re Team Lease Education Foundation (GST AAR Gujarat) 1. Whether, the Applicant is acting as a pure agent of the Industry partner to the extent of reimbursement received towards stipend paid to Trainees on behalf of Industry partner as part of training agreement and therefore the said reimbursement is not chargeable to GST? TLEF […]

Holding company not liable to deduct TDS on Shares purchased by its Subsidiary

March 14, 2022 1698 Views 0 comment Print

Ingram Micro Inc. Vs ITO (Bombay High Court) The undisputed fact is that petitioner is not the purchaser of shares of THL. Respondent no.1 has failed to appreciate that the shares have been purchased by IMAHI, a wholly owned subsidiary of petitioner and not by petitioner and, therefore, the question of Section 195 of the […]

Section 194A TDS not deductible on interest paid to Agra Development Authority: SC

March 14, 2022 1575 Views 0 comment Print

Union Bank of India Vs Additional Commissioner of Income Tax (TDS) (Supreme Court of India) Whether the appellant was required by the provisions of Section 194A of the Income Tax Act 1961 to deduct tax at source on payments of interest made to the Agra Development Authority. The issue which is raised in the present […]

HC grants Bail to GST Accused in views of conflicting views on the question of the inclusion or exclusion of the day of remand

March 14, 2022 3087 Views 0 comment Print

Rohit Mehta Vs Superintendent (Preventive) (Punjab and Haryana High Court) The contention on behalf of the respondent- Department is that the day of remand is to be excluded while calculating the sixty days period. In view thereof 28.11.2021 would be the Sixtieth day, the same day the complaint had been filed. The application of the […]

S. 138 NI Act: In absence of specific allegations about the applicant, he cannot be prosecuted

March 14, 2022 3387 Views 0 comment Print

High Court held that in absence of specific allegations about the applicant he cannot be prosecuted for any offence under section 138 N.I. Act (Cheque Bounce Case).

Experience A Relevant Criteria In Selection Process: Kerala HC

March 13, 2022 1587 Views 0 comment Print

Experience of a candidate being a relevant criteria in a selection to the post of Assistant Professor, we do not see the Selection Committee as having overstepped its jurisdictional limits while conducting the selection.

HC upholds former Income Tax Commissioner’s conviction in DA Case

March 13, 2022 4506 Views 0 comment Print

Swetabh Suman Vs Central Bureau of Investigation (Uttarakhand High Court) The conviction of the appellant Swetabh Suman for the offence punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 is upheld and confirmed. The sentence imposed on the appellant Swetabh Suman under Section 13(2) read with Section 13(1)(e) of […]

No Supervisory PE established merely from visit of employees of Foreign Company in India for certain technical services

March 13, 2022 3708 Views 0 comment Print

FCC Co. Ltd. Vs ACIT (ITAT Delhi) ITAT had directed the assessee to file the description of services rendered by the employees of the assessee on their visit to India and the corresponding clause under the Agreement for Dispatch of Engineers under which such services would fall. In response, the assessee furnished Annexure 1 for […]

Office-bearers of statutory board cannot be removed merely by using the word public interest

March 13, 2022 663 Views 0 comment Print

Sanjay Vs The State of Maharashtra (Bombay High Court) In the present case, absolutely no reason is forthcoming, nor the respondents have come with case as to what was the cause for terminating the Part Time Chairmanship of the petitioner. The State Government can only exercise this power on the basis of any relevant and […]

ITAT allowed section 54F exemption against new residential house purchased

March 13, 2022 975 Views 0 comment Print

ITO Vs Sh. Subhash Chandra Narang (ITAT Delhi) Undisputedly, the Assessing Officer has added an amount of Rs.3,18,61,356/- as long term capital gain. The aforesaid addition is as a result of couple of disallowances, viz., disallowance of cost of improvement amounting to Rs.1,65,39,435/- and deduction claimed under section 54F of the Act towards investment in […]

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