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Section 10A/10B deductions should be made from Gross Total Income instead of Total Income

April 18, 2020 3750 Views 0 comment Print

Deductions either under Section 10A or 10B would be made while computing the gross total income of the eligible undertaking and not at the stage of computation of the total income.

No transfer on conversion of firm into private limited company and no liability to pay capital gains tax on same

April 18, 2020 19314 Views 0 comment Print

When partnership firm was transformed into private limited company, there was no distribution of assets and as such, there was no transfer and therefore, assessee was not liable to pay any tax on capital gains.

No Bail due to COVID-19, if no Covid19 case in Jail & if it is safe

April 17, 2020 1209 Views 0 comment Print

In the present case there are allegations on the petitioner of having caused loss to State-Exchequer to the tune of Rs 20 crores appx. by evasion of payment of GST and he has applied for grant of interim bail, mainly on account of the prevalent conditions of spread of COVID-19 virus.

During stay application pendency A.O. cannot ask banks to pay tax of taxpayer 

April 17, 2020 621 Views 0 comment Print

Pirna Urban Co-Oeprative Credit Society Ltd. Vs ITO (Bombay at Goa High Court) The issue under consideration is the notice issued by the Income Tax Officer (ITO) to the petitioner’s bank i.e. Ratnakar Bank Ltd., requiring the bank to remit an amount of 2,33,42,040/- as dues towards the payment of income tax by the petitioner. […]

In absence of Applicability of TDS, no Section 40(a)(ia) disallowance

April 17, 2020 1101 Views 0 comment Print

Section 194 C of the IT Act deals with deduction of tax at source when it comes to payment to contractors. In the present case, since neither the Assessee nor M/s. Prabhu Construction can be styled as contractors, it is obvious that the provisions of Section 194C of the IT Act were not attracted. Hence Section 194C will not be invoked in this case and therefore consequently provision of sec 40(a)(ia) would also not applicable.

HC restrains bank from declaring an account as NPA till further order- Covid 19

April 17, 2020 1188 Views 0 comment Print

The issue under consideration is that the petitioner seeks a direction to the respondent not to declare its pending loan accounts as Non Performing Assets (NPA). The petitioner also seeks a direction to the respondent for grant of moratorium of three months to it in terms of circular issued by the Reserve Bank of India(RBI).

No classification as NPA for failure to pay Loan installment due to COVID-19

April 16, 2020 2667 Views 0 comment Print

Learned counsel for the respondent contends that RBI guidelines and package are not applicable to the case of the petitioner, in as much as, the petitioner was already in default as on 01.03.2020 and the package is applicable only to those instalments which fall due on 01.03.2020 and also only to those borrowers who were properly servicing their account till 01.02.2020 and were not in default.

Section 84A of Gujarat VAT Act is declared as ultra vires the Constitution of India

April 16, 2020 6258 Views 0 comment Print

Section 84A of the Gujarat VAT Act is declared as ultra vires and beyond the legislative competence of the State Legislature under Entry 54 of List II of the Seventh Schedule to the Constitution of India and is also declared to be violative of Article 14 of the Constitution of India on the ground of being manifestly arbitrary, unreasonable and oppressive.

Books cannot be Rejected for mere Non-Presentation during Survey

April 13, 2020 3240 Views 0 comment Print

Bbooks of accounts were duly presented when the show cause notice was given to the assessee, and no discrepancy was found in the same, but non-presentation of the books of accounts at the time of survey cannot be the sole reason for rejection of the books of accounts.

5% Tax applicable on slice under Haryana VAT: HC

April 13, 2020 1545 Views 0 comment Print

Saluja and Company Vs State of Haryana and others (Punjab & Haryana High Court) Issue- Whether in facts and circumstances of the case, the Tribunal was justified in holding that the Mango Drink under the brand name “Slice” sold by the appellant, does not fall under Entry 100D of Schedule-C of the HVAT Act and […]

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