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Judiciary

Rajasthan HC grants bail to CA accused of wrongly availing ITC

January 20, 2020 3291 Views 0 comment Print

Paridhi Jain Vs State (Rajasthan High Court) HC held that Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the petitioner being a practising Chartered Accountant and a lady of 27 years is facing incarceration for last more than one month and […]

Form TRAN-1 rectification- HC allows petitioner to approach Nodal Officer

January 20, 2020 1284 Views 0 comment Print

Writ Petition is disposed of, only by granting such liberty to the petitioner to approach the said Nodal Officer and make a representation within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation/request, the said Nodal Officer shall consider the same and pass appropriate orders on merits and in accordance with law, within a period of three weeks thereafter. No costs.

Retention Money Expenses allowed as per Mercantile Accounting System

January 20, 2020 5532 Views 0 comment Print

The issue under consideration is whether the expenses incurred against the retention money or unrealised income is allowed under mercantile system of accounting?

No Section 2(22)(e) deemed dividend addition if lending was substantial part of business of company

January 20, 2020 2640 Views 0 comment Print

No addition could be made by way of deemed dividend in case advances or loan made to a share holder by the Company in the ordinary course of business where lending of money was a substantial part of the business of the Company. 

Production of Books not Relevant in Cheque Bounce Cases | Section 138 | NI Act

January 20, 2020 8181 Views 0 comment Print

D. K. Chandel Vs Wockhardt Ltd. & Anr. (Supreme Court) The Supreme Court has observed that the production of the account books/cash book may not be relevant in a criminal case filed under Section 138 of the Negotiable Instruments Act. As held by the Trial Court as well as by the High Court that the […]

NO VAT on trade discount received from Car manufacturer

January 20, 2020 2889 Views 0 comment Print

Kun Motor Company Pvt. Ltd. Vs Assistant Commissioner (CT) (Madras High Court) There is no dispute that the Petitioner is a dealer in motor cars and had received trade discount from the manufacturer from whom it had purchased the cars for retail sales at its show rooms. The trade discount which has been offered by […]

HC directs for Issue of GST refund delayed due to Processing by officer interface option

January 20, 2020 1269 Views 0 comment Print

Akay Flavours & Aromatics (P) Ltd. Vs CBIC (Kerala High Court) In the given case, the petitioner has later filed amendments in the GST returns with IGST amounts, therefore, the refunds can be processed through an officer interface option, which is already availed in ICES. Necessary action to sanction IGST refunds in the instant case […]

Section 56(2)(vii)(b) not applicable to Property Purchased before 01.04.2014

January 20, 2020 21942 Views 0 comment Print

Bajrang Lal Naredi Vs ITO (ITAT Ranchi) In the instant appeal, the applicability of Section 56(2)(vii)(b) of the Act as amended by Finance Act, 2013 and applicable to AY 2014-15 in question. On a perusal of pre-amended provisions of Section 56(2)(vii)(b) of the Act, we gather that where an individual or HUF receives from any […]

ITAT explains Provisions of Clubbing of Income of Wife with Husband

January 20, 2020 11418 Views 0 comment Print

Uday Gopal Bhaskarwar Vs ACIT (ITAT Pune) ITAT explains Provisions of Clubbing of Income of Wife with Husband- Allows Losses of F&O Business of Wife to be clubbed with Income of Husband Where the spouse (husband) of an individual (wife) transfers some assets otherwise than for adequate consideration or in connection with an agreement to […]

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

January 20, 2020 1824 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.

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