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Jurisdiction of NCLT over a particular case cannot be determined by Registrar

January 13, 2021 3894 Views 0 comment Print

Skillstech Services Private Limited Vs Registrar, National Company Law Tribunal (Delhi High Court) The case of the Petitioner is that the Registrar of the NCLT has failed to even list the Petitioner’s matter before the appropriate bench of NCLT, on the ground that the threshold of the pecuniary jurisdiction of the NCLT has now been […]

Companies who not followed Process for AGM date extension may face legal action: MCA

January 13, 2021 25551 Views 1 comment Print

Circular shall not be construed as conferring any extension of time for holding of AGMs by the companies under the Companies Act, 2013, and the companies which have not adhered to the relevant timelines shall remain subject to legal action under the Companies Act, 2013.

Rule 8D is not retrospective & applicable from AY 2008-09 onwards

January 13, 2021 1743 Views 0 comment Print

Hero Motocorp Ltd. Vs ACIT (ITAT Delhi) In the present year, the Assessing Officer has made disallowance under section 14A by invoking provisions of Rule 8D of the Income Tax Rules, 1962. Since Rule 8D is not retrospective, the same is not applicable in the present assessment year and accordingly, we hold that the assessing […]

ITAT allows Section 11 Exemption on Interest Income of Charitable Trust

January 13, 2021 8088 Views 0 comment Print

Jhansi Development Authority Commissionery Compus Vs DCIT (ITAT Agra) As the assessee had derived all its income only on account of charitable activities undertaken by it pursuant to its object and for the welfare the general public, which were not in the nature of trade , commerce or business. The income even if any earned […]

Reduction of lower of unabsorbed depreciation or business loss as per books of accounts in computation of book profits u/s 115JB

January 13, 2021 23571 Views 1 comment Print

Go Airlines (India) Limited Vs DCIT (ITAT Mumbai) We are concerned with the computation of book profits u/s.115JB of the Act wherein one of the items eligible for reduction would be the lower of brought forward cash loss or brought forward depreciation loss as per books of accounts. We find that provisions of Sections 32(2) […]

Group service fees paid to AEs: ITAT restore the matter to AO / TPO

January 12, 2021 1266 Views 0 comment Print

Disa India Limited Vs ITO (ITAT Bangalore) The Tribunal in assessee’s own case for assessment year 2012-2013 (supra) had directed to do afresh transfer pricing analysis and determine the ALP of international transactions with regard to group service fees paid by the assessee to its AEs. In view of the Tribunal order in assessee’s own […]

Assistant Commissioner cannot revise or Review his own order – Section 11A of Central Excise Act

January 12, 2021 4482 Views 0 comment Print

Tripura Ispat Vs Union of India (Tripura High Court) We have briefly touched on this difference in statutory scheme of the Central Excise Act against the Income Tax Act in order to drive home the point that if the department was desirous of pursuing the question of leviability of education and higher education cess when […]

Faceless Penalty Scheme, 2021 – CBDT notifies directions

January 12, 2021 6111 Views 0 comment Print

CBDT issues Notification No. 03/2021-Income Tax and notifies directions to give effect to the Faceless Penalty Scheme, 2021  MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) Notification No. 03/2021-Income Tax New Delhi, the 12th January, 2021 INCOME-TAX S.O. 118(E).—In exercise of the powers conferred by sub-section (2B) of section 274 of the […]

AAAR Tamilnadu explains GST on Various services provided by Municipal Corporation

January 12, 2021 4275 Views 0 comment Print

In re Tiruppur City Municipal Corporation (GST AAAR Tamilnadu) i. In respect of Q.No. 1, Sl. No. 5-B (Rent for locker provided in bus stand by the appellant) it is held to be an activity undertaken by the Municipality as a function entrusted under 243 W of the Constitution and the service of rent or […]

Exposure draft on IRDAI (Regulatory Sandbox) (Amendment) Regulations, 2021

January 12, 2021 618 Views 0 comment Print

To give a fillip to insurance penetration and to facilitate innovations in the insurance sector, especially those triggered by technology the IRDAI notified the IRDAI (Regulatory Sandbox) Regulations, 2019 on 26th July, 2019. The Regulations are valid for a period of 2 years from the date of publication in the official gazette.

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