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AIFs to Undertake 10% of Secondary Market Trades in Corporate Bonds By Placing Quotes on RFQ Platform

February 1, 2023 936 Views 0 comment Print

AIFs shall undertake at least 10% of their total secondary market trades in Corporate Bonds by value in a month by placing/seeking quotes on the RFQ Platform.

MCA penalises CA for not commenting on Related party transaction in Audit report

January 30, 2023 4530 Views 1 comment Print

Company contravened with the AS-18 read with Section 129 read with Schedule III of Companies Act, 2013 thereby affecting true and fair view of state of affairs of Company from financial year 2016-17 to 2020-21. Auditor failed to comment on the same in audit report for aforesaid financial years.

Jharkhand HC upheld Conviction of Former Minister under PMLA

January 29, 2023 1905 Views 0 comment Print

Jharkhand High Court upholds conviction and sentencing of Anosh Ekka in a case involving disproportionate assets and money laundering under PMLA.

Subscription revenue from Chemical Extract Service & Publication division not qualify as Royalty

January 29, 2023 1188 Views 0 comment Print

Mumbai ITAT rules in favor of ACS, subscription charges not treated as royalty. Get insights into the decision.

Appeal cannot be Condoned after 4 years if delay not explained by assessee

January 29, 2023 1512 Views 0 comment Print

Hrishikesh Mega Township (P) Limited Vs Income Tax Officer (ITAT  Kolkata) In this case satisfied that the assessee has nothing to say in support of its alleged bogus share capital claim. Apart from the above, we also notice that impugned order was passed in 2016 by the ld. 1st Appellate Authority, whereas appeal has been […]

Interest on home loan for house acquired for residence of directors is allowable 

January 29, 2023 2565 Views 0 comment Print

During the appellate proceedings, the assessee has submitted that it has taken loan for purchase of two residential properties which have been allotted to two Directors for their residential purposes. It was submitted that the perquisite value on account of residence has been accounted for in the income of the Directors and has been offered for taxation.

LO doing preparatory activities in India not constitute PE under Article 5 of India Switzerland DTAA

January 29, 2023 1083 Views 0 comment Print

The LO does not constitute a fixed place through which business of assessee is carried out in India. Employees of the LO do not negotiate, finalise or discuss the mechanics of contracts including pricing with the assessee’s customers. As such the employees of LO merely act as a communication link between the assessee and the airline companies. The LO did not carry any activity, beyond that permitted by the RBI. The activities carried by the LO are thus, preparatory (auxiliary) in nature. The activities/operations of the assessee in connection with the contracts are carried from outside India.

Remuneration to directors cannot be disallowed merely because dividend could have fetch more tax

January 29, 2023 3048 Views 0 comment Print

The AO had made out a case that if the assessee company had paid dividend instead of remuneration to directors, such payment would have been fetched more tax. In our considered opinion, there is no question of changing the character of transaction from payment of salary to the possible payment of dividend, resulting into potential higher inflow of tax.

GST: HC Grants bail as accused was co-operating & proceeding u/s 74 of CGST Act was pending

January 28, 2023 1650 Views 0 comment Print

Pradeep Jain Vs State of U.P (Allahabad High Court) It is submitted by learned counsel for the applicant that proceeding u/s 74 of CGST Act is still pending, he is cooperating with the investigation/enquiry and did not misuse the liberty of aforesaid interim anticipatory bail which was granted on 22.03.2021 by the Coordinate Bench of […]

HC directs GST dept to lift garnishee order & bank attachment as appellant paid mandatory pre-deposit

January 28, 2023 1740 Views 0 comment Print

Kajal Dutta Vs Assistant Commissioner of State Tax (Calcutta High Court) The learned Advocate appearing for the appellant submitted that garnishee proceedings have been initiated by the authorities by way of attachment of the appellant’s bank When the appeal was presented, the mandatory pre-deposit of 10% of the disputed tax has been complied with by […]

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