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ICAI notifies Draft industrial training rules for articled assistants

September 23, 2020 17517 Views 0 comment Print

An articled assistant who has passed the Intermediate (Professional Competence) Examination or Professional Education (Examination-II) or Intermediate examination and has completed a minimum of eighteen months of practical training under these regulations shall be eligible for industrial training.

Dishonour of Cheque: Drawee need not wait for 15 days if intention of drawer to not pay is clear

September 23, 2020 6252 Views 0 comment Print

Ravi Dixit Vs State of U.P. and Another (Allahabad High Court) Learned counsel for the petitioner has submitted that the summoning order is without compliance of provisions of Section 138 of the Act, 1881; the application has been falsely implicated due to enmity and financial dispute with the complainant and that cheques were dishonoured as […]

Advance from Developer cannot be treated as ‘Windfall’ gain & taxed

September 22, 2020 912 Views 0 comment Print

CIT Vs. City Lubricants Pvt. Ltd (Madras High Court) Thus, the issue pertaining to the amount of advance received by the assessee, namely, Rs.9 Crores was never the subject matter of the reopening proceedings which is sufficient to hold that the assessment order dated 25.03.2015 to be a nullity. Nevertheless, we heard the learned counsels […]

Forfeited Security deposit given for lease allowable as Business Loss

September 22, 2020 9210 Views 0 comment Print

DCIT Vs Ebony Retail Holdings Ltd. (Delhi ITAT) It is not in dispute that assessee has given security deposit for taking the premises on lease. Learned Counsel for the Assessee referred to various replies filed by assessee-company at assessment stage which shows that assessee-company filed all the documentary evidences and explanation before A.O. on the […]

Protective adjustment- ITAT directs AO to decide in the light of MAP resolution

September 22, 2020 1152 Views 0 comment Print

BT Global Communications India Pvt. Ltd.  Vs. Addl. CIT   (Delhi ITAT) The only issue to be decided in the present appeal relates to protective adjustment on account of business restructuring that has taken place in assessment year 2010-11. We find that TPO/DRP have made adjustment on substantive basis in assessment year 2010-11. However, since […]

HC rejects Anticipatory Bail plea of Excise Officer in alleged gratification case

September 22, 2020 678 Views 0 comment Print

Sushil Kumar Vs. State of Punjab (Punjab High Court) There is no quibble that the liberty of a person is of utmost importance. But when personal liberty is pitted against a sovereign function i.e. collection of tax which is life blood of the economy, the latter would prevail. Present is a case where arrest is […]

Promoters Directors can nominate any person as a director to apply under CFSS Scheme 2020

September 22, 2020 2220 Views 0 comment Print

Navneet Sahay Verma and another Vs. Registrar of Companies and another (Bombay High Court) The Petitioners, because of their disqualification, cannot apply under the Companies Fresh Start Scheme in respect of their companies. This Scheme is to end on 30 September 2020. They, therefore, seek a direction that they may be permitted to apply under […]

Pay GST on input services, Claim ITC & then claim Refund: HC to CDRSL

September 22, 2020 3060 Views 2 comments Print

CIAL Duty Free And Retail Services Ltd (CDRSL) Vs. Union of India (Kerala High Court) Kerala High Court held that petitioner shall pay the GST on input services including Concession Fee and claim ITC of the entire tax amount and thereafter claim refund of the same by following the procedure prescribed under Section 54(3) of […]

Bhushan Steel Case: HC quashes summons issued to limited extent against PNB Executive Director

September 21, 2020 3918 Views 1 comment Print

Rajesh Kumar Yaduvanshi Vs. Serious Fraud Investigation Office (SFIO) & Anr. (Delhi High Court) The petitioner has filed the present petition impugning a summoning order dated 16.08.2019 issued by the learned ASJ in Complaint Case No. 770/2019 captioned “Serious Fraud Investigation Office (SFIO) v. Bhushan Steel Limited and Ors.”, to the limited extent that it […]

AAR not maintainable if not accompanied by requisite fee of Rs 10,000

September 21, 2020 528 Views 0 comment Print

In re Himachal Pradesh Horticulture (GST AAR Himachal Pradesh) Section 97(1) of CGST Act, 2017 provides that an applicant desirous of obtaining an advance ruling may make an application in such form and manner and accompanied by such fee as may be prescribed, stating the question on which the advance ruling is sought. Similar provision […]

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