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Securities Transaction Tax (1st Amendment), Rules, 2022

January 18, 2022 1653 Views 0 comment Print

Person responsible for collection and payment of securities transaction tax in case of Insurance Company.- In the case of an insurance company, the person responsible for collection and payment of securities transaction tax in accordance with sub-sections (2), (3) and (4) of section 100 of the Act, shall be the managing director or a whole-time director, as defined in clauses (54) and (94) of section 2 of the Companies Act, 2013 (18 of 2013), duly authorised by the Board of Directors of such company in this behalf.

Leasing charges allowable as Revenue expense if lessee have no ownership right over leased asset

January 18, 2022 3432 Views 0 comment Print

ThoughtWorks Technologies (India) Private Limited Vs DCIT (ITAT Bangalore) As per clause 4 of the agreement between the assessee and the First Leasing (lessor) the asset shall remain the exclusive property of the lessor (First Leasing) at all times. It further provides that the lessee at no time during the lease period can capitalize the […]

Assessee has a vested right to personal hearing | Section 144B | Faceless Assessment

January 18, 2022 6060 Views 0 comment Print

Section 144B | Faceless Assessment- An assessee has a vested right to personal hearing and same has to be given, if an assessee asks for it. The right to personal hearing cannot depend upon the facts of each case.

Provisions of section 115JB not applicable to banking company

January 18, 2022 1986 Views 0 comment Print

ITAT hold that the provisions of sec.115JB are not applicable to a banking company i.e. the assessee herein also. Having held that the provisions of sec.115JB are not applicable to the assessee, we are of the opinion that grounds No.19 to 22 need no adjudication at this stage.

SEBI: Empowering Investors through Investor Charters

January 17, 2022 504 Views 0 comment Print

SEBI has been publishing the status of disposal of investor grievances received in SCORES (SEBI Complaints Redress System) on its website on a monthly basis. Details of investor grievances, which are pending for more than three months with different intermediaries, are also being published.

Motor Accident Claim – Fixing of 15K as Notional yearly Income for Non-Earning Member is Unreasonable: HC

January 17, 2022 7221 Views 0 comment Print

Roop Lal and another Vs Suresh Kumar Yadav (Allahabad High Court) This is a claimants appeal, claiming enhancement of award for the death of a child who was 07 years of age at the time of his death. Learned counsel for the appellants has submitted that deceased was a brilliant student and he had very […]

Transitional ITC not claimed due to technical problem on GST Portal cannot lapse

January 17, 2022 2310 Views 0 comment Print

Vikas Elastochem Agencies Private Limited Vs Deputy Commissioner Central Excise & GST (Madras High Court) No doubt, the petitioner was required to file GST Tran 1 with correct information. However, the Courts have taken note of the fact that there were difficulties in making proper declarations in Tran 1 at the initial phase of implementation […]

IBC 2016: Limitation period of section 42 not applicable to Application filed U/s. 60(5)

January 17, 2022 4755 Views 0 comment Print

In the SICOM Limited vs. Sundaresh Bhat case, the Appellant’s U/s. 60(5) Application was accepted. Learn why Section 42’s limitation doesn’t apply.

Education cess cannot be disallowed under section 40(a)(ii)

January 17, 2022 2403 Views 0 comment Print

LG Soft India Private Limited Vs DCIT (ITAT Bangalore) The Hon’ble Bombay High Court in the case of Sesa Goa Limited v. JCIT (supra) had held education cess is an allowable expenditure as the word ‘cess’ is conspicuously absent under the provisions of section 40(a)(ii) of the I.T.Act The Hon’ble High Court also placed reliance […]

Bombay HC to impose heavy cost on lawyers if they Get Non-Urgent Matters Listed

January 17, 2022 1179 Views 0 comment Print

It is found that taking undue advantage of the previous Notice, by which parties’ Advocates were permitted to indicate the date of listing without mentioning for circulation, a large number of matters in which there is no urgency are being listed.

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