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New Companies Rules not binding till Publication in official gazette – HC

May 13, 2014 7526 Views 0 comment Print

Bombay High Court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has stated that gazetted copy of many MCA rules are not available, hence in the opinion of the court they are not binding so far or at least from 1st April 2014.

Appeal once filed cannot be withdrawn

May 12, 2014 19753 Views 0 comment Print

There is no provision in the Income Tax Act, 1961 which permits withdrawal of an appeal, once it is filed, and registered. In other words, once right of appeal is exhausted, by party concerned, and the appeal is filed before appropriate Appellate Authority, who after receiving same has registered it, I find no provision in the statute permitting withdrawal thereof.

Amendment made by Companies Act, 2013 are under Consideration – MCA TO Delhi HC

May 12, 2014 4231 Views 2 comments Print

In an Writ Petition filed by Mr. Harish Khurana before Delhi High Court against the Various amendment made by Companies Act,2013, Ministry of Corporate Affairs has submitted before the Honorable Delhi High Court that several representations made by the petitioner and other similarly

Service Tax on Hotels & Restaurants Constitutionally Valid – Chhattisgarh HC

May 6, 2014 14456 Views 0 comment Print

i. Whether any service tax can be charged on a sale of an item or vice versa; ii. Whether in view of Article 366 (29A)(f) service is subsumed in sale of food and drinks; iii. Whether section 66E(i) of the 1994-Act is violative of Article 366 (29A)(f) of the Constitution.

Sec. 234E TDS Fee- Bombay HC Grants Stay On Operation Of Notices

May 4, 2014 10881 Views 0 comment Print

Affidavit of service dated 10 April 2014 is filed indicating that Respondent nos.1 and 2 have received the notice on 31 March 2014 and 8 April 2014 respectively. Though served, none appears for Respondent nos.1 and 2.

Instruction No. 3 of 2011 dated 9.2.2011 issued by CBDT has prospective effect

May 4, 2014 9855 Views 0 comment Print

Clause 11 of Instruction No. 3/2011 dated 9.2.2011 specifically states that “this instruction will apply to appeals filed on or after 9.02.2011. However, the cases where appeals have been filed before 9.02.2011 will be governed by the instructions on this subject

Allhabad HC- Satisfaction note necessary for initiating 153C

May 3, 2014 2169 Views 0 comment Print

A bare perusal of the provision contained in Section 153C of the I .T. Act leaves no doubt that, as is provided under Section 158BD, where the Assessing Officer, while proceeding under Section 153A against a person who has been subjected to search and seizure under Section 132(1)

Frequent large amount transactions in shares without separate books of accounts will lead to business income instead of STCG

May 3, 2014 1872 Views 0 comment Print

The assessee is engaged in business of auto spare pails and investment in bonds, mutual funds and other securities. The assessee filed his return declaring STCG on the basis that the shares were purchased with an intention of investment.

VCES application rejection for Delay or Short Payment of taxes valid – HC

May 1, 2014 4632 Views 0 comment Print

The High Court of Ahmedabad held in the case of Ramilaben Bharatbhai Patel v. Union of India that in exercise of writ jurisdiction, the High Court does not have power to waive or relax the condition of depositing 50% of tax dues by December 31, 2013 under the Service Tax Voluntary Compliance Encouragement Scheme, 2013.

Sadguru Construction Co. Vs. Union of India (Gujrat High Court)

April 24, 2014 3180 Views 0 comment Print

Petitioners have challenged an order dated 31.12.2013 passed by the Deputy Commissioner of Service Tax, Rajkot as a designated authority under the Service Tax Voluntary Compliance Encouragement Scheme

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