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SC explains applicability of Section 30(5) to minor partner under Partnership Act

February 9, 2022 2679 Views 0 comment Print

State of Kerala & Ors. Vs Laxmi Vasanth (Supreme Court of India) The Supreme Court observed that Sub-Section (5) of Section 30 of the Partnership Act shall not be applicable to a minor partner who was not a partner at the time of his attaining the majority. Sub-Section (5) of Section 30 of the Partnership […]

No Capital Gain arises on mere permissive possession & not legal possession

February 9, 2022 2700 Views 0 comment Print

Krishna Prasad Mikkilineni Vs DCIT (ITAT Bangalore)  In the instant case also we have noticed that the assessee has given only permissive possession and not legal possession. Accordingly, following the above said decision of the coordinate bench, we hold that the transfer has not taken place during the year under consideration. Accordingly, capital gain is […]

Books of account cannot be rejected merely for Non-Issuance of Sale Memos

February 9, 2022 912 Views 0 comment Print

Cresent Co. Vs CIT (Orissa High Court) In the present case, mere non-issuance of production of sale memos could not have been a ground to reject the entire books of account particularly since it pertained to sale of country liquor to tribal populations. Also the ITAT appears to have overlooked the fact that the books […]

Road tunneling work by way of drill and blast technique is a composite supply

February 8, 2022 1269 Views 0 comment Print

In re Kapil Sons (Rajendra Kumar Baheti) (GST AAR Maharashtra) From the submissions made by the applicant we observe that the main contractor has been given a contract by MSRDC to construct tunnels for Mumbai Pune Expressway and accordingly, the main contractor has subcontracted the tunneling work to the applicant by way of drill and […]

Section 40A(3) disallowance cannot be made by invoking Section 154 provisions

February 7, 2022 2202 Views 0 comment Print

Smt. Poonam Mittal Vs ITO (ITAT Amritsar) We find that the AO had invoked his powers u/s.154 of the Act for disallowing u/s.40A(3) of the Act the assessee’s claim for deduction of bonus of Rs.2,47,380/- that was stated to have been paid in cash, i.e., in excess of the prescribed limit of Rs.20,000/-. In our […]

Assessment proceedings commence with filing of return & not when notice is issued for first time under s. 143(2)

February 7, 2022 2370 Views 0 comment Print

Sansthan Shree Eknath Maharaj Vishwastha Mandal Vs ITO (Exemption) (ITAT Pune) There is no dispute on the fact that the assessee filed its return of income on 17.01.2017 for the year under consideration. The approval was granted by the ld. CIT(E) u/s 12AA on 16.05.2017. At this stage, it is relevant to take note of […]

Liquidator entitled to reduce reserve price up to 25% whenever auction fails

February 7, 2022 5415 Views 0 comment Print

Ekambareswara Rao Manne Vs Mr. Gonugunta Madhusudhan Rao (NCLT Hyderabad) It may be stated that in terms of Clause 4 Schedule-I of IBBI Liquidation Process Regulations, 2016, the Liquidator is entitled to reduce the reserve price up to 25% whenever the auction fails. The record placed before us viz. minutes of the Stakeholders Consultation Committee […]

Key Direct Tax proposals in Union Budget 2022

February 7, 2022 2595 Views 0 comment Print

1. Reduced Alternate Minimum Tax rate and Surcharge on  Co-operatives Alternate Minimum Tax rate for the co-operative societies proposed to be reduced to 15% to bring it at par with the Minimum Alternate Tax payment by companies. Further, surcharge on co-operative societies proposed to be reduced from the present 12% to 7% 2. Rationalisation of […]

Matter pending before Competent Jurisdiction cannot be transferred for mere Temporary Shift In Residence

February 6, 2022 1113 Views 0 comment Print

Silpa Shaji Vs Satheesh K.S. (Kerala High Court) it is an admitted fact that the petitioner has no job or income and she alleged to be residing at the house of her cousin sister for the time being. The same would go to show that the petitioner wants to transfer four cases pending before the […]

NI Act- Date of intimation from bank for return of cheque not to be included in Limitation Period for Issuance of Legal notice

February 6, 2022 110511 Views 0 comment Print

While computing the limitation period of 30 days prescribed under Section 138(b) N.I. Act for issuance of a valid legal notice, the day on which intimation is received by the complainant from the bank that the cheque in question has been returned unpaid has to be excluded.

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