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Penalty for accepting assignment as Liquidator after 31.12.2019 without holding a valid AFA in CIRP

December 17, 2020 732 Views 0 comment Print

In the matter of Mr. Venkata Sivakumar, Insolvency Professional (IP) under Regulation 11 of the Insolvency and Bankruptcy Board of India (Insolvency Professional) Regulations, 2016

Addition based on third party statement without any opportunity of cross-examination to assessee not sustainable

December 16, 2020 9447 Views 1 comment Print

Where AO made addition under section 68 based on third party statement recorded by investigation wing, however, without affording opportunity of cross-examination to assessee, it amounted to violation of principles of natural justice and, therefore, addition was deleted.

Section 40(a)(ia) not applies in respect of a claim for depreciation

December 16, 2020 11823 Views 0 comment Print

From close scrutiny of Section 40(a)(i) of the Act, it is axiomatic that an amount payable towards interest, royalty, fee for technical services or other sums chargeable under this Act shall not be deducted while computing the income under the head profit and gain of business or profession on which tax is deductible at source; but such tax has not been deducted.

AAR application rejected as question raised in application is already pending

December 16, 2020 498 Views 0 comment Print

In re Dempo Diary Industries Limited (AAR Karnataka) The applicant themselves admitted that M/s KMF hold 90% shares and hence have management / administrative control over the applicant. M/s KMF are the owners of `Nandini’ brand, against whom an offence case is pending before DGGI, Bengaluru on classification of flavoured milk. Thus it is very […]

HC grants Anticipatory Bail to Ex Manipur CM In alleged Money Laundering Case

December 16, 2020 1449 Views 0 comment Print

Okram Ibobi Singh Vs Directorate of Enforcement (Manipur High Court) Petitioner is the Ex-Chief Minister of the State and it is not as if he will run away from the prosecution, if any, initiated against him. The learned counsel for the petitioner, during the course of the arguments, explicitly stated that the petitioner would extend […]

GST Payable on consideration for Mining services to Government under RCM

December 16, 2020 1140 Views 0 comment Print

In re Manyam Venkateswara Rao (GST AAR Andhra Pradesh) Question: Whether in the facts and circumstances the contributions to National Mineral Exploration Trust (NMET) and District Mineral Foundation (DMF) under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR) read with National Mineral Exploration Trust Rules, 2015 (‘NMETR’) and Mines and Minerals (Contribution to […]

Section 14A disallowance not sustainable if AO fails to records satisfaction about correctness of claim of assessee

December 16, 2020 1239 Views 0 comment Print

ITAT Kolkata quashes arbitrary disallowance by AO. Ambuja Housing wins against DCIT. Get insights into the judgment on Rule 8D and 14A.

Detention of goods justified if route described in e-way bill not matches with Actual Transport route

December 15, 2020 615 Views 0 comment Print

It is seen that the reason for detention was that the route described in the e-way bill did not match with the route by which the goods were actually being transported. It is therefore that the stand of the respondent that the transportation of the goods was not supported by a valid e-way bill.

MIPL is not a Dependent Agent PE of Mitsui & Co. Ltd

December 15, 2020 891 Views 0 comment Print

DDIT Vs Mitsui & Co. Ltd. (ITAT Delhi) Learned DR contended that MIPL is economically dependent on assessee company as major revenue of MIPL is from assessee company. We are of the view that this per se cannot be ground to hold that MIPL is a Dependent Agent. For invoking this clause, first one of […]

Consultation Paper on Innovators Growth platform under SEBI (ICDR) Regulations, 2018

December 15, 2020 765 Views 0 comment Print

Objective of this Consultation Paper on ‘Review of framework of Innovators Growth platform (IGP) under SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018′ is to seek comments / views from various stakeholders including start-ups in particular, market intermediaries and the public on the framework of Innovators Growth platform (IGP) under Chapter X of SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 (the SEBI ICDR Regulations’).

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