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Mere old age and infirmity of executor of agreement cannot be considered as undue influence

September 11, 2019 2808 Views 0 comment Print

Raja Ram Vs Jai Prakash Singh and Others (Supreme Court) The deceased undisputedly was over 80 years and above in age. The plaintiff pleaded that by reason of age and sickness, the deceased was unable to move and walk, with deteriorated eye sight due to cataract. The mental capacity of the deceased was impaired. The […]

Order contrary to subsequent SC judgement can be said to suffer from mistake apparent from record

September 10, 2019 6087 Views 0 comment Print

Explore the ITAT Mumbai judgment in Anandkumar Jain vs ITO, highlighting rectification under Section 154 for deduction under Section 80HHC based on subsequent Supreme Court decisions.

All about Draft CS (Amendment) Regulations, 2019

September 10, 2019 3546 Views 0 comment Print

Draft CS (Amendment) Regulations, 2019 A Step Towards Implementing & Executing Vision New ICSI 2022 THE INSTITUTE OF Company Secretaries of India IN PURSUIT OF PROFESSIONAL EXCELLENCE Statutory body under Act of Parliament (Under Jurisdiction of Ministry of Corporate Affairs) “For the soul there is never birth nor death. Nor, having once been, does he […]

Second Installment of Advance Income Tax -Due Date – 15th September 2019

September 10, 2019 8499 Views 0 comment Print

When payment of Advance Income Tax is necessary? If the Income tax liability of any assessee, for the Assessment year 2020-21 (Financial Year 2019-20) i.e. for the year from 1st April, 2019 to 31st March, 2020 is, likely to exceed Rs.10,000/-, then payment of Advance Income Tax is mandatory. If a company does not have […]

Advisory on Auditor’s Reporting on Section 197(16) of Companies Act, 2013

September 10, 2019 42231 Views 0 comment Print

Section 197(16) of the Companies Act, 2013 requires as under: ‘The auditor of the company shall, in his report under section 143, make a statement as to whether the remuneration paid by the company to its directors is in accordance with the provisions of this section, whether remuneration paid to any director is in excess of the limit laid down under this section and give such other details as may be prescribed.’

Relaxation of time-Compounding of Offences under Direct Tax Laws-One-time measure-Reg

September 9, 2019 5937 Views 0 comment Print

CBDT has been issuing guidelines from time to time for compounding of offences under Direct Tax Laws, prescribing eligibility conditions. One of the conditions for filing of Compounding application is that, it should be filed within 12 months from filing of complaint in the court.

Procedure to identify & process Income Tax cases for prosecution

September 9, 2019 20013 Views 0 comment Print

Prosecution is a criminal proceeding. Therefore, based upon evidence gathered, offence and crime as defined in the relevant provision of the Act, the offence has to be proved beyond reasonable doubt. To ensure that only deserving cases get prosecuted the Central Board of Direct Taxes in exercise of powers under section 119 of the Act lays down the following criteria for launching prosecution in respect of the following categories of offences.

GST on supply of services for managing establishing & maintenance of hospitals

September 9, 2019 2010 Views 0 comment Print

In re West Bengal Medical Services Corporation Ltd (AAR West Bengal) The Applicant has been set up under Notification No. HF/SPSRC/WBMSC/40/2008/162 dated 17/11/2008 of the Department of Health & Family Welfare, Government of West Bengal, as a fully owned body for managing the procurement of drugs and equipment for the medical colleges and hospitals and […]

No lethargy of department in not filing up posts of ITAT administrative staff

September 9, 2019 711 Views 0 comment Print

The petitioner’s grievance that the work of important Tribunal like Income Tax Appellate Tribunal should not be allowed to suffer on account of shortage of administrative staff is perfectly legitimate, however, we do not find any lethargy on the part of the Department in not filing up said posts.

Receipt from a right to sue cannot be considered capital gain U/s. 45

September 7, 2019 3426 Views 0 comment Print

ACIT  Vs Shri Anil Gulabdas Shah (ITAT Mumbai) The undisputed position that emerges is the fact that the property under consideration was subject matter of extensive litigation which ultimate got culminated into sale of the property by the assessee in terms of consent terms dated 03/01/2012 between the assessee and certain other parties. The assessee, […]

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