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Benefit of Tax Reduction includes both Base Price and Tax Amount: NAA

March 13, 2020 516 Views 0 comment Print

State of officer Vs Bonne Sante (NAA) The Respondent has further contended that the DGAP, while calculating the profiteered amount, was wrongly added a 5% notional amount without explaining any reasons and hence, the profiteered amount be reduced appropriately. This contention of the Respondent is not correct because the provisions of Section 171 (1) and […]

Guidelines for rights/ preferential issue & institutional placement of units by a listed InvIT amended

March 13, 2020 501 Views 0 comment Print

Provided if the InvIT has undertaken any acquisition or disposal of any material asset(s)after the latest period for which financial information is disclosed in the letter of offer but before the date of filing of the letter of offer, the financial information should be prepared on a pro forma basis certified by statutory auditors of the InvIT for the last completed financial year and the stub period (if any)

HC imposes Cost of Rs. 5 Lakh on Assessee for Misleading the Court

March 13, 2020 1188 Views 0 comment Print

Indus Towers Ltd. Vs ACIT (Delhi High Court) The issue raised is that of gross suppression and misstatement by the petitioner, which led to a false projection of the outstanding liability/ refund due from/ to the petitioner.  It is pointed out by Mr. Raghvendra Singh that the petitioner was required to file a consolidated return […]

Govt increases Excise duty cess on petrol & diesel by Rs. 1 per litre

March 13, 2020 1005 Views 0 comment Print

Notification No. 04/2020-Central Excise – Seeks to amend notification No. 04/2019-Central Excise dated 6th July, 2019 so as to increase effective rate of Road and Infrastructure Cess (RIC) collected as additional duty of excise on petrol and diesel by Rs. 1 per litre. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 04/2020-Central […]

Steps taken by DFS related to Disruption on account of Corona Virus

March 12, 2020 648 Views 0 comment Print

All Public Sector banks(PSBs) have been advised: i) to immediately set up special cells to provide full assistance required to industry segments and MSME units affected by Corona Virus and to process such request for assistance with the requisite sensitivity;

Delay due to utter failure or negligence of department cannot be condoned

March 12, 2020 1203 Views 0 comment Print

There is a delay of 586 days in filing the appeal for which no explanation was offered. even if some explanation was offered, we could have exercised our discretion. In this case, condonation of the delay would amount to condoning the utter failure or negligence on the part of the department to take steps with regard to this appeal.

Section 118 of the Companies Act, 2013

March 12, 2020 8352 Views 0 comment Print

CS Priya Raval  Section 118 of the Companies Act, 2013 Minutes:-Record of the proceedings of a Meeting. Minutes should contain a fair and correct summary of the proceedings of the Meeting. Rule 3 of Companies (Meetings of Board and its Powers) Rules, 2014 Draft Minutes of the Board Meeting shall be circulated to all Directors […]

Cenvat credit of duty paid in excess as per final assessment, admissible

March 12, 2020 2046 Views 0 comment Print

CESTAT Ahmedabad has upheld the Commissioner (A) Order allowing Cenvat credit of the duty paid on  provisionally assessed bill of entry in a case where the final assessment revealed that less duty was payable. The Tribunal in this regard relied upon number of case law and observed that it is settled that even though certain amount of excise duty/service tax is not payable as per law but the manufacturer/service provider pays it, Cenvat Credit cannot be denied at the recipient end only on the ground that the same was not payable by the manufacturer/service provider. 

Section 54/54F exemption eligible on investment in new property in Wife’s name

March 12, 2020 30696 Views 0 comment Print

Shri Ramphal Hooda Vs ITO (ITAT Delhi) Whether the exemption under Section 54F is extendable to the assessee for the total consideration paid by him, for the purchase of the new asset (the residential property) in the joint name or the exemption would be entitled to the extent of the share of the assessee in […]

BCD objects to inclusion of lawyers within definition of Consumer Protection Act 2019

March 12, 2020 645 Views 0 comment Print

As per the information available, your Ministry is framing Rules under the Act and wants to surreptitiously include the lawyers under the proposed Rules so as to bring the lawyers across the country within the jurisdiction of Consumer Redressal Forum. This is highly deplorable and the lawyers across the country will never accept their inclusion within the definition of the provisions of Consumer Protection Act.

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