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Judiciary

Advance receipt by Lending Company in the course of business cannot be treated as Deemed Dividend

June 10, 2020 1041 Views 0 comment Print

The issue under consideration is whether the receipt of advance vis-a-vis no accumulated profit in case of lending company is considered as deemed dividend u/s 2(22)(e)?

Section 35D benefit once granted in initial year cannot be denied in subsequent years

June 10, 2020 1728 Views 0 comment Print

Once the claim under section 35D of the Act was accepted in the initial year i.e. AY 1995-96, then the clock had started running in favour of the assessee which was to continue for the entire period of ten years and the benefit once granted in the initial year could not be denied in the subsequent years.

No Service Tax on construction of residential complex prior to 01.06.2010

June 10, 2020 2265 Views 0 comment Print

The issue under consideration is whether service tax will be levied on promoters/builders/developers prior to 01.06.2010 in respect of the construction of the residential complex?

Notice issued to RERA Rajasthan on COVID-19 order allowing deferment

June 10, 2020 1755 Views 0 comment Print

The Rajasthan High Court issued notice to Rajasthan RERA in a PIL, Civil Writ No. 6160/2020, challenging the order issued by the Authority on 13.05.2020.  The Authority granted an across-the-board extension of 12 months to the real estate projects.  However, it also implicitly granted extension for projects whose completion date had already expired before 19.3.2020. […]

No section 12AA registration denial for mere non-filing of IT return

June 10, 2020 1401 Views 0 comment Print

The issue under consideration is whether the CIT(E) is correct in rejecting the Application for grant of registration u/s 12AA for mere non-filing of Income Tax Return?

No ST on brokerage from overseas reinsurance even if amount received in Rupees

June 10, 2020 2355 Views 0 comment Print

The issue under consideration is whether the contention if the appellant is correct that they are not liable to pay service tax on brokerage received from overseas reinsurance on the ground that the service falls under the category of export of service?

No addition for duly reconciled stock discrepancy which was noticed during survey

June 10, 2020 2661 Views 0 comment Print

Shri Babulal Vani Vs ACIT (ITAT Indore) The issue under consideration is if the assessee is in a position to reconcile the discrepancy raised under survey with positive material,then, the A.O. should give relief to the assessee or not? In the present case, the assessee is an individual engaged in the business of grain, cotton, […]

Section 10(34) Exemption w/o disallowing expenses u/s 14A for Insurance Co.

June 10, 2020 1713 Views 0 comment Print

Max Life Insurance Company Ltd. Vs DCIT (ITAT Delhi) The issue under consideration is whether assessee is liable for exemption u/s 10(34) of the Act without disallowing any expenditure under section 14A? ITAT noted that this issue is duly covered by decision of Mumbai Bench of this Tribunal in case of ICICI Prudential Insurance Co. […]

No Disallowance U/s. 40(a)(ia) if retainer-ship expense shown by recipient in their return

June 10, 2020 5856 Views 0 comment Print

The issue under consideration is whether A.O. is correct in disallowing the expense of retainership debited in P & L on the basis of non deduction of TDS u/s 194C when the Same was shown as salary by recipient in their Income Tax return?

IBC, 2016 Vs. Arbitration and Conciliation Act, 1996

June 9, 2020 2970 Views 0 comment Print

Indus Biotech Private Limited Vs Kotak India Venture Fund-I (National Company Law Tribunal) FACTUAL BACKGROUND In the present case, the Indus Biotech Pvt. Ltd. (Corporate Debtor) has filed a Interlocutory application under Section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act, 1996) where in the underlying Insolvency petition was filed under Section 7 […]

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