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Capital Gain from shares cannot be treated as Business Income merely for low cost of acquisition

February 5, 2021 3036 Views 0 comment Print

JCIT Vs United Spirits Limited (ITAT Bangalore) It is not in dispute that the shares of M/s. Lee Edges were purchased by the assessee in the Financial Year 2003-04 and those of M/s. Shaw Wallace Breveries Ltd., were purchased in the Financial Year 2001-02 were unlisted shares. These shares were sold in Financial Year 2004-05. […]

Publication of intended acquisition in lesser known newspapers may amount to fraud

February 5, 2021 897 Views 0 comment Print

H. Bhima Ram Vs Principal Secretary (Madras High Court) To opt for publication of an intended acquisition in little known newspapers may amount to a fraud on the statute, and a fraud on the right to property of the citizens. Of all the four citations herein  quoted, the earliest judgment delivered was on 30.06.2000 [ […]

Tax on gain on sale of ESOP in USA given to Indian employee by Google Inc USA- HC remit matter back to AO

February 5, 2021 3423 Views 6 comments Print

(i) Whether the gain on sale of stock options in USA that were given to the Indian employee by M/s.Google Inc., USA amounts to perquisites taxable under the Income Tax Act, 1961 or not?; (ii) Whether the amounts shown in Form-16 as Tax Deducted at Source on such perquisites would be the exclusive gain made by the Assessee on such stock options issued by the Holding Company in USA is sufficient to hold that it is taxable under the head ‘salary’ as ‘perquisites’ with reference to the provisions under Section 5(1) (c) and 6(6) (a) read with Section 17?;

RBI Monetary Policy February, 2020-21

February 5, 2021 2892 Views 0 comment Print

Reserve Bank of India Date : Feb 05, 2021 Statement on Developmental and Regulatory Policies This Statement sets out various developmental and regulatory policy measures on (i) liquidity management and support to targeted sectors; (ii) regulation and supervision (iii) deepening financial markets; (iv) upgrading payment and settlement systems and (v) consumer protection. I. Liquidity Measures 1. […]

Imposition of Agriculture Infrastructure & Development Cess- Reg.

February 5, 2021 1614 Views 0 comment Print

Seeks to amend Notification No.96/2008- Customs, dated   the    13th  August,  2008, Notification No.57/2009- Customs, dated    the 30th  May, 2009, Notification No. 101/2007- Customs, dated the 11th September, 2007 and Notification No. 50/2018-Customs, dated the 30th June, 2018 consequential to imposition of Agriculture Infrastructure and Development Cess (AIDC). MINISTRY OF FINANCE (Department of Revenue) New Delhi, […]

RBI decides to gradually restore the CRR in two phases

February 5, 2021 861 Views 0 comment Print

Banks are required to maintain the CRR at 3.50 per cent of their NDTL effective from the reporting fortnight beginning March 27, 2021 and 4.00 per cent of their NDTL effective from fortnight beginning May 22, 2021.

SLR holdings in HTM category

February 5, 2021 1374 Views 0 comment Print

Banks are permitted to exceed the limit of 25 per cent of the total investments under Held to Maturity (HTM) category provided: a. the excess comprises only of SLR securities; and b. total SLR securities held under HTM category is not more than 19.5 per cent of Net Demand and Time Liabilities (NDTL) as on the last Friday of the second preceding fortnight.

Exemption from disclosure under RTI cannot be claimed without Cogent Reasons

February 5, 2021 8202 Views 0 comment Print

Explore the legal aspects of information disclosure under RTI Act in Amit Kumar Shrivastava Vs CIC. Court emphasizes the burden on public authorities to justify non-disclosure.

GST registration Cancellation vide deficient SCN unsustainable

February 4, 2021 9567 Views 0 comment Print

Petitioner could not furnish his reply as no date or time was indicated therein. As such, the cancellation of registration resulting from such an incomplete/deficient show-cause notice (SCN) also cannot be sustained being violative of principles of natural justice.

Initiation of GST recovery proceedings without Opportunity to taxpayer- HC gives Opportunity

February 4, 2021 2412 Views 0 comment Print

Alkem Laboratories Limited Vs Union of India (Gujarat High Court) Recovery Proceeding under GST can be initiated only after 3 Months from the date of the service of the order A perusal of the provisions of Section 78, referred to above, would indicate that no recovery proceedings can be initiated against the assessee before the […]

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