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Calcutta High Court

A person other than member or creditor can also challenge Company Name striking off

March 1, 2017 2148 Views 0 comment Print

Is a person, not being a member or a creditor or the company itself, entitled to challenge the striking off of the name of the company under Section 560 of the Companies Act, 1956? Does the petitioner have the locus standi to file and maintain the present writ petition?

Sec 14A r.w. rule 8D not applies if assessee has kept shares as stock in trade

February 10, 2017 2052 Views 0 comment Print

Assessing Officer had treated the claim of long term capital gain as business income. The assessee did not object to that. In such situation there could be no application of Section 14A for disallowance of expenditure incurred to earn exempt income.

Calcutta HC upheld vires of Sections 7, 8 and 9 of IBC, 2016

February 2, 2017 2628 Views 0 comment Print

Akshay Jhunjhunwala & Anr. Vs Union of India (Calcutta High Court) The petitioners have assailed the vires of Sections 7, 8 and 9 of the Insolvency and Bankruptcy Code, 2016. Learned Senior Advocate appearing for the petitioners has submitted that, the second respondent is a corporate debtor in respect of whom a proceeding under the […]

Unexplained Funds Routed to Assessee Company to Result in Additions in Hands of Both the Parties

December 28, 2016 2422 Views 0 comment Print

Section 68. Where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers no explanation about the nature and source thereof or the explanation offered by him is not

Salary of non-resident for services rendered abroad is not taxable in India

December 15, 2016 3096 Views 0 comment Print

It is not disputed that the petitioner as a marine engineer had rendered services outside India for the period of 286 days. He has received his remuneration for such work from a foreign company. Consequently, the income received by the petitioner for services rendered outside India has to be considered as income received out of India and treated as such.

To refer a case to TPO, AO need not have definite finding, Prima Facie opinion is sufficient

December 8, 2016 3175 Views 0 comment Print

Section 92CA(1) does not contemplate that the assessing officer has to first come to a definite finding that there is an international transaction within the meaning of Sec. 92B before he can exercise his power to refer the matter to the TPO.

Compensation paid for damage to environment is allowable

July 19, 2016 6988 Views 0 comment Print

The compensation was paid because the assessee had failed to install the pollution control device within the time prescribed. Therefore, payment of the sum of Rs.12,50,000/- is not hit by Explanation-1 to Section 37 of the Act. The Hon’ble judges of the Kolkata High Court by setting aside the orders of ITAT held that payment was und

No Service Tax on Dada for writing articles, anchoring TV shows, playing IPL matches & Brand Endorsement

June 30, 2016 8320 Views 0 comment Print

The petitioner is a cricketer and is a former captain of the Indian Cricket Team. He participated in the IPL Cricket tournament held in India as a member of the Kolkata Knight Rider Team. At all material times he acted and still acts as brand ambassador for various products. He also acted as anchor in […]

S.244A Interest payable on refund of excess self assessment tax

April 20, 2016 12826 Views 0 comment Print

Calcutta High Court held In the case of ADIT vs. Sh. Dhan Singh Sharma that clause 244A (1) (b) is residual in nature which prescribes interest on refund from the date of payment of tax in cases which are not covered by Section 244A (1) (a). Necessarily, it will cover interest on refund of excess self-assessment tax paid by the assessee.

Calcutta High Court stays Service Tax on Senior Advocate

March 31, 2016 2467 Views 0 comment Print

The petitioner is a designated Senior Advocate practising in this Court and challenges notifications bearing nos. 9/2016 and 18/2016, both dated March 1, 2016, seeking to amend previous notifications of June 30, 2012 pertaining to service tax.

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