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Judiciary

No LTC / Tax benefit on Foreign Tours provided to staff, TDS deductible

March 28, 2017 6903 Views 0 comment Print

The provisions of the Act are in relation to the travel concession/assistance given for proceeding on leave to any place in India and the said concession is thus exempt only where the employee has utilized the travel concession for travel within India. Further under Rule 2B of the Income Tax Rules the condition for allowing exemption under section 10(5) of the Act are laid down.

Wind up Petition by employee claiming unpaid Salary is Maintainable

March 28, 2017 8889 Views 0 comment Print

An employee can maintain a Petition for winding up of a Company under section 439 r/w sections 433(e) and 434 of the Companies Act, 1956 as a creditor based on the claim of the recovery of his unpaid salary and wages.

Reminder cannot be construed as an admission of non-service of notice: SC

March 28, 2017 3297 Views 1 comment Print

There is no bar under the N.I. Act to send a reminder notice to the drawer of the cheque and usually such notice cannot be construed as an admission of non-service of the first notice by the appellant as has happened in this case.

TDS on post film production services outside India by foreign Company

March 28, 2017 7842 Views 0 comment Print

The undisputed fact is that ‘VHQ’, i.e. the recipient merely carried out post production activities. Nothing has been brought before us to indicate or show that in the process of carrying out any work, whether any technical knowledge, experience, skill, know-how or process was made available to the assessee.

TDS not applicable on Hotel Rent in absence of any contract

March 28, 2017 148941 Views 3 comments Print

Where earmarked rooms are let out for specified rate and specified period, only then, they will be construed to be accommodation made available on regular basis

TDS U/s. 194C applicable on taking out final negative of films

March 27, 2017 2334 Views 0 comment Print

It has been submitted that taking out of the final negative of the films does not involve rendering of any technical or professional services. Therefore, TDS is required to be deducted u/s 194C.

TDS deductible U/s. 192 instead of 194J if employee- employer relationship exist

March 27, 2017 18906 Views 0 comment Print

Remuneration paid to six professionals engaged by the company was liable for deduction of tax at source u/s 192 as the same was in the nature of salary as against the claim of the assessee to deduct tax u/s 194J on these payments on the ground that these persons were acting in the capacity of independent professionals and not as employee of the company.

SC on depreciation on leased immovable property in absence of registered deed

March 27, 2017 2196 Views 0 comment Print

It is only when the assessee holds a lease right or other right of occupancy and any capital expenditure is incurred by the assesee on the construction of any structure or doing of any work in or in relation to and by way of renovation or extension of or improvement to the building and the expenditure on construction is incurred by the assessee, that assessee would be entitled to depreciation to the extent of any such expenditure incurred.

Arbitral tribunal has no power to appoint Court Receiver, High Court

March 27, 2017 8901 Views 0 comment Print

The above Court Receivers Report dated 28th December, 2016 (Report) is filed by the Court Receiver, High Court, Bombay, seeking directions on Whether the Registry should accept the matters wherein the Arbitral Tribunal appoints the Court Receiver, High Court, Bombay, as a Receiver for execution of orders passed by it etc.

Hike in Tuition Fee For Installing air conditioning system is illegal

March 27, 2017 1386 Views 0 comment Print

Director of Education has held that 15% additional increase in tuition fee for the session 2015-2016 by the Schools for air conditioning system is illegal and liable to be refunded / adjusted.

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