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Additional Payment Mechanism (i.e. ASBA, etc.) for Payment of Balance Money in Calls for partly paid specified securities issued by the listed entity

December 8, 2020 2118 Views 0 comment Print

Additional Payment Mechanism (i.e. ASBA, etc.) for Payment of Balance Money in Calls for partly paid specified securities issued by the listed entity

Petition cannot be filed before HC when alternate remedy exists merely for necessity of pre-deposit for Appeal

December 8, 2020 1896 Views 0 comment Print

Raju Laxman Pachhapure Vs Union of India (Bombay High Court) In this case Appellant submits that although there is a statutory remedy of appeal available against the order and though the petitioners are desirous of filing the same but because a pre-deposit would be necessary for filing an appeal which would be burdensome on the […]

AAR cannot decide constitutional validity of ‘liability to pay tax’

December 8, 2020 897 Views 0 comment Print

Khaitan Chemicals and Fertiliser (GST AAR Madhya Pradesh) Authority is of the view that based on the detailed reading and understanding of Section 97 of the CGST Act, an application for Advance Ruling can only be made to determine the ‘liability to pay tax’ on any goods or services or both. Therefore, no application can […]

List of Sr./Jr. Standing Counsels, CGST for different High Courts

December 7, 2020 11154 Views 0 comment Print

The President of India is please to appoint a fresh panel of Sr./Jr. Standing Counsels of CBIC to handle litigation of Indirect Taxes before various High Courts (other than Delhi High Court) and other fora, in terms of Instruction F. No. 278A/43/2007-Legal dated 05.12.2007, as per following details.

Viability Gap Funding Scheme for Public Private Partnerships in Infrastructure

December 7, 2020 5589 Views 0 comment Print

Please find enclosed the detailed VGF Scheme (Annexure — I) and its Guidelines (Annexure — II) to be followed for submitting proposal seeking financial support for Public Private Partnerships in Infrastructure under the Viability Gap Funding Scheme.

Expense on Swimming pool construction in School of grand children not allowable

December 7, 2020 3117 Views 0 comment Print

The Himalaya Drug Company Vs DCIT (ITAT Bangalore) The admitted facts are that the children and grand children of Mr. Meeraj Alim Manal, has studied/studies in the school in which the assessee has contributed for construction of swimming pool. It is the contention of the assessee that its name is displayed alongside of the swimming […]

Partnership cannot be treated as AOP merely for execution of deed on inadequate stamp paper

December 6, 2020 8154 Views 0 comment Print

Kachhi Heritage Vs ACIT (ITAT Pune) Grounds of Appeal 1. On the facts and in the circumstances of the case and in law the Learned Assessing Officer erred in treating the status of the partnership firm as AOP for the reason that partnership deed is executed on an inadequate stamp paper. Your appellant submits that […]

High Court must not act as an appellate authority: SC

December 6, 2020 3846 Views 0 comment Print

Director General of Police, Railway Protection Force and Ors. Vs Rajendra Kumar Dubey (Supreme Court) We will first discuss the scope of interference by the High Court in exercise of its writ jurisdiction with respect to disciplinary proceedings. It is well settled that the High Court must not act as an appellate authority, and re-appreciate […]

Nominated Officer cannot be convicted if Company is not being made a party: SC

December 6, 2020 2535 Views 0 comment Print

Hindustan Unilever Limited Vs State of Madhya Pradesh (Supreme Court) A three-Judge Bench of this Court in Aneeta Hada Godfather Travels & Tours Private Limited11 considered the question of conviction of the Directors in the absence of the Company in proceedings under Section 138 of the Negotiable Instruments Act, 1881 as also in the proceedings […]

Section 50 applicable only on block of assets used for business and on which depreciation been claimed

December 5, 2020 4917 Views 0 comment Print

Delhi ITAT ruling: Assessment cannot be reopened merely on change of opinion. Long-term capital gain upheld. Depreciation disallowed. Full judgment.

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