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All High Courts

Donation for Scientific Research cannot be treated as Bogus when doneee confirms use for such Purpose

January 20, 2020 1269 Views 0 comment Print

The Expenses incurred on a Donation made through Banking Channel used for Scientific Research will be allowed to the assessee as Herbicure Foundation has confirmed that the amount has been utilized for scientific research and there is no evidence that the same is returned back in cash.

Section 179: No Tax recovery from director if same can be recovered from Company

January 20, 2020 13734 Views 0 comment Print

In the show-cause notice, there is no whisper of any steps having been taken against the Company for recovery of the outstanding amount. Even in the impugned order, no such details or information has been staled.

Interest from shipping bill date allowed in case of serious delay in effecting refunds

January 20, 2020 870 Views 0 comment Print

In case of serious delay in effecting the refunds under GST Act, GST Authority to pay IGST refund alongwith interest from date of shipping bill after following due procedure.

Service of order on driver was no service at all HC

January 20, 2020 1215 Views 0 comment Print

Jindal Pipes Limited Vs State Of U.P. (Allahabad High Court) It had been admitted that order was served upon the driver and, therefore, the order was neither served on the consignee nor on the consignor. Learned counsel relied upon a judgment of this Court reported in 2019 (21) GSTN 145 : S/S. Patel Hardware vs. […]

Lawyer fee on daily basis for business allowable as revenue expense

January 20, 2020 4131 Views 0 comment Print

The Gujarat High Court has held that the lawyer fee/legal assistance expenditure taken by the assessee on day to day basis for the purpose of business can be treated as revenue expenditure and deductable from Taxable Income.

Benefit of Rule 6DD(c)(v) of cannot be given to Cash deposited directly in bank account of beneficiary

January 18, 2020 1518 Views 0 comment Print

Ajai Kumar Singh Khaldelial Vs PCIT (Allahabad High Court) In the present case, the question which arises for consideration is that in case, cash is deposited directly in the bank account of the beneficiary, can the benefit of Rule 6DD(c)(v) of the Rules, 1962, can be given to the assessee. Such transaction by depositing cash […]

Section 14(1A) of SARFAESI not bars appointment of advocates as receivers

January 17, 2020 4980 Views 0 comment Print

The insertion of sub-section (1A) in Section 14 of SARFAESI Act, the only change that has been brought about is that the District Magistrate/CMM has now the discretion to appoint even their subordinate officers as receivers. Pertinently, sub-section (1A) of Section 14 does not bar the appointment of advocates as receivers. The same position obtains vis-à-vis Rule 8(3) of The Security Interest (Enforcement) Rules, 2002, which has been cited in the aforementioned judgment of the Bombay High Court.

Section 14A Disallowance cannot be made if no expenditure was incurred to earn exempt income

January 17, 2020 5040 Views 0 comment Print

No deduction shall be allowed in respect of the expenditure incurred by the assessee in relation of the income which does not form part of his total income under the Act.  As assessee had not incurred any expenditure in relation to dividend income, therefore, no dis allowance could be made under section 14A.

HC quashes ROC action deactivating DINs of all disqualified Directors

January 16, 2020 9063 Views 0 comment Print

Allahabad High Court held thaty there is no provision which empowers ROC to de-activate DIN, only on the ground that a Director has incurred disqualification under Section 164(2) (a) or his Office has become vacant under Section 167(1) (a). It also quashes List of disqualified directors published by ROC in public gazette.

Entities registered under Karnataka Souharda Sahakari Act, 1997 fit into definition of co-operative society

January 16, 2020 3870 Views 0 comment Print

Petitioner  is a Credit Cooperative, registered under the Karnataka Souharda Sahakari Act, 1997; petitioner is registered as the State Federal Cooperative, as provided under Section 33 of the said Act; they have knocked at the doors of writ court in substance for a prayer that they are entitled to seek deduction in respect of their income in terms of the scheme envisaged under section 80P of the Income Tax Act, 1961 , on the premises that they too are a Cooperative Society, on par with those registered under the provisions of Karnataka Co-operative Societies Act, 1959.

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