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Judiciary

GST Fraud Case: HC denies Bail, considering SC Order in case of Co-Accused

May 26, 2020 1923 Views 0 comment Print

Rajesh Arora Vs Union of India (Rajasthan High Court) Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 15/2018 registered at Directorate General of Goods and Services Tax Intelligence Zonal Unit, Jaipur for offences under Sections 132(1)(B), (C), (D), (F), (I), (L) of the Central […]

SC takes Suo moto cognisance of problems faced by migrants

May 26, 2020 1329 Views 1 comment Print

In re Problems and Miseries of Migrant Labourers (Supreme Court) We take suo motu cognizance of problems and miseries of migrant labourers who had been stranded in different parts of the country. The newspaper reports and the media reports have been continuously showing the unfortuanate and miserable conditions of migrant labourers walking on-foot and cycles […]

Mandatory Deposit of 20% of Tax liability is must for filing VAT appeal before Tribunal

May 26, 2020 9459 Views 0 comment Print

Shivshankar Solvent Extraction Private Limited Vs Commissioner, Commercial Tax Civil Lines (Chhattisgarh High Court) The issue under consideration is whether High Court can give relaxation from mandatory deposit of tax u/s Section 48(4)(ii) before filing appeal in front of Tribunal? Appellant is registered under VAT. Suo-Moto proceedings were initiated by Commissioner. In the proceeding F-form […]

TDS deduction in case of Rent Paid to Co-Owners

May 26, 2020 15378 Views 0 comment Print

M.P. Warehousing & Logistics Corporation Vs ACIT (ITAT Indore) From perusal of the above details which stands un-rebutted, we find that the assessee had duly deducted the tax at source on the rent paid to the co-owners where the amount of rent exceeded the limit of Rs.1,80,000/- and in two cases where the amount was […]

SARFAESI Act applicable to even Cooperative Banks: SC

May 25, 2020 15396 Views 0 comment Print

Pandurang Ganpati Chaugule Vs Vishwasrao Patil Murgud Sahakari (Supreme Court) (1) (a) The co-operative banks registered under the State legislation and multi-State level co-operative societies registered under the MSCS Act, 2002 with respect to ‘banking’ are governed by the legislation relatable to Entry 45 of List I of the Seventh Schedule of the Constitution of […]

Deposit of 20% can be dispensed with without High Court order

May 25, 2020 1839 Views 0 comment Print

High Court by referring to one of the judgment of the Division Bench of HC states that it would not be necessary that the payment of 20% can be dispensed with only if there is an order of the high court. The AO or the appellate authority while exercising the power of appeal or stay of the assessment proceedings under section 226 of the Income Act 1961 are enjoined obligation to give regard and respect to the directions of the Hon’ble High Court

No section 14A disallowance if there is no exempt income in that year

May 24, 2020 3975 Views 0 comment Print

DCIT Vs JSW Limited (ITAT Mumbai) The issue under consideration is whether A.O. is correct in restricting the disallowance under section 14A of the Income Tax Act, 1961, without appreciating the fact that the appellant company has not earned any tax-exempt income during the relevant assessment year? As per Section 14A of the Act, the […]

HC explains Law on Section 148 Reopening for the 2nd time

May 24, 2020 7428 Views 0 comment Print

T. Krishnamurthy Vs ITO (Madras High Court) This is a case where details of investment in shares and immovable property were not originally disclosed by the petitioner at the time of filing of the original returns under section 139 of the Income-tax Act, 1961 for the respective assessment years. Therefore, two notices under section 148 […]

Bonus allocated to Policyholders – Tax Treatment- ITAT Judgment

May 24, 2020 3741 Views 0 comment Print

Max New York Life Insurance Company Ltd. Vs DCIT (ITAT Delhi) 1. This is an appeal filed by the assessee against the order of the ld CIT (A)-22, New Delhi dated 15.11.2017 for the Assessment Year 2014-15. 2. The assessee has raised the following grounds of appeal:- “1. That on the facts and circumstances of […]

Section 45(2) not apply on Land transferred by partner as capital contribution recorded as stock-in-trade in books of firm

May 23, 2020 4956 Views 0 comment Print

ITO Vs Shri Mahendrabhai D. Zalavadia (ITAT Rajkot) The issue under consideration is whether section 45(2) will be applicable in situation where Land transferred by partner as capital contribution recorded as stock-in-trade in the books of firm? In the given case, ITAT state that the impugned land was transferred by the partners to the firm […]

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