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Section 263 limitation period – When issue was discussed only in Original Assessment Order

May 15, 2020 10749 Views 0 comment Print

As in the present case before us, issues subject to revision were pertaining to original assessment and not the reopened assessment; the limitation should also start from the original assessment. In this case as original assessment order u/s 143(3) of the act was passed on 16.01.2014, the revision thereof could have been taken up to 31.3.2016

Section 80HHC Exchange Rate Fluctuations is Export Turnover 

May 15, 2020 1437 Views 0 comment Print

The issue under consideration is whether extra realization made in rupees for export sale proceeds in foreign exchange due to adverse exchange rate of rupee would be part of the export turnover in the year of receipt and qualify it for deduction u/s Section 80-HHC ?

HC allows bail to accused director since trial not possible due to lockdown

May 14, 2020 3237 Views 0 comment Print

Bail was allowable to accused director of fraud on the reason that he was not the signatory to the alleged False Statement in the balance sheet of the Company and there was no loss caused either to any financial institution or Central/State Government and moreover, the trial proceedings is not possible within the reasonable time because of lockdown due to COVID-19 outbreak in India.

HC grant Bail to accused in alleged GST Fraud case

May 13, 2020 1284 Views 0 comment Print

Gaurav S/o Sampat Lal Maheshwari Vs State (Rajasthan High Court, Jodhpur) (1) This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with CR No.205/2019, Police Station Udaimandir, District Jodhpur, for the offences under Sections 420, 406, 467, 468 and 471 IPC. (2) Mr. Anand Purohit, learned […]

Interest u/s 234A, 234B & 234C waived off by HC due to financial disability

May 13, 2020 19356 Views 0 comment Print

The issue under consideration is whether the request of the petitioner for waiver of interest under Section 234A, Section 234B and Section 234C of the Income Tax Act, 1961 is granted by HC or not?

Acquisition of mining rights for long lasting source of raw material is capital expenditure

May 13, 2020 2244 Views 0 comment Print

Since Zuari had obtained a long term captive source of the raw material by purchase of right from Texmaco for mining of limestone by operating the cement plant, therefore, the raw material was required to be won, gotten and brought to the surface and as such, could not be said to be revenue expenditure.

Dept may allow withdrawal from attached pension a/c to pensioner due to Covid-19

May 13, 2020 2391 Views 0 comment Print

Lalita Aggarwal Vs PCIT (Delhi High Court) In view of the Covid-19 Pandemic, the Department shall act sympathetically in accordance with law and hence they will modify the attachment of the bank account of the pensioner, if any and to permit withdrawal of the amounts deposited as pension in the State Bank of India and […]

No addition under section 41 on waiver of loan by Government

May 13, 2020 1953 Views 0 comment Print

As per section 41(1), there should be an allowance or deduction claimed by the assessee in any assessment for any year in respect of loss, expenditure or trading liability incurred by the assessee. Then, subsequently, during any previous year, if the creditor remits or waives any such liability, then the assessee is liable to pay tax under Section 41 of the IT Act.

Arbitration agreement not become null & void if allegations of fraud have to be inquired into by court

May 12, 2020 4200 Views 0 comment Print

Spentex Industries Ltd. Vs Quinn Emanuel Urquhart & Sullivan LLP (Delhi High Court) In the given case, the plaintiff is seeking the main relief to pass a decree of declaration, declaring that the Letter of Engagement as well as arbitration clause being Article 16 of the Letter of Engagement is null and void, inoperative and […]

Hotel & Restaurants allowed to pay Annual Licence Price by 01.06.2020

May 12, 2020 3063 Views 0 comment Print

he members of the petitioner Association may not be an exception. Since the Government has graciously permitted the license holders to pay the license fees at pre-revised rate, on account of exigency of the situation, an extension of time till 1st June, 2020 to pay the license fees at pre-revised rates in terms of the Circular dated 13th April, 2020, would not cause any serious prejudice to the State. Thus, the time stipulated by the Circular dated 13th April, 2020, to pay the license fees at pre-revised rate stands extended till 1st June, 2020.

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