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Judiciary

Directions issued to Government authorities to comply Chhattisgarh Motor Vehicles Rules, 1994 as well as amended Rules 76B and 76C, particularly with regard to school buses

January 16, 2017 984 Views 0 comment Print

“Wings to Fly ‘You were born with potential. You were born with goodness and trust. You were born with ideas and dreams. You were born with greatness. You were born with wings. You are not meant for crawling, so don’t, you have wings. Learn to use them, to fly.”

SC admits SLP on levy of Late TDS / TCS return Filing Fees U/s. 234E

January 16, 2017 10660 Views 1 comment Print

Against Bombay High Court order in case of Rashmikant Kundalia and another Vs UOI in Section 234E matter Supreme Court admits the SLP filed with it.

Capital Gain on Penny Stocks cannot be bogus if Paper work is in order

January 15, 2017 12769 Views 0 comment Print

This article deal with the issue of Long Term Capital Gain on Sale of Small Company Shares or on Penny Stocks. Article is based on ITAT Kolkata order in the case of Surya Prakash Toshniwal VS. ITO in which it held that Long-term capital gains claimed exempt u/s 10(38) cannot be treated as bogus unexplained […]

Imposition of late fees by Section 234E is constitutional : Kerala High Court

January 15, 2017 7954 Views 0 comment Print

Article is case study on constitutional validity of Section 234E of the Income Tax Act 1961 inserted by Finance Act, 2012 and covers all earlier judgments on the subject and is based on the Kerala High Court judgment in the case of Sree Narayana Guru Smaraka Sangam Upper Primary School Vs. Union Of India.

All about allowability of freebies given by Pharma Company to doctors

January 15, 2017 21622 Views 0 comment Print

Article is case study on allowability of expenses by Pharma Companies related to Doctors on on Customer Relationship Management expenses, Key Account Management expenses, Gift Articles, Free medicine Sample, Advertisement and Sales Promotion based on ITAT Mumbai Judgment in the case of The Dy. CIT Vs. PHL Pharma P Ltd.

Share transactions in cash & future segment cannot be segregated for assesee doing arbitrage

January 14, 2017 1855 Views 0 comment Print

ITAT Mumbai held that Where assessee is involved in arbitrage activities, the transactions of shares in cash segment and future segment cannot be segregated to calculate profit and loss from each segment separately.

Order u/s 143(3) r.w.s.153A Void if AO erred in assuming jurisdiction u/s 153A

January 14, 2017 8632 Views 0 comment Print

AO’s assumption of jurisdiction under section 153A of Income Tax Act,1961 and consequent passing of order of assessment u/s. 143(3) r.w.s. 153A is void if Assessing Officer erred in assuming jurisdiction u/s 153A

Improper Notice for Assessment- Assessment can be quashed

January 14, 2017 3094 Views 0 comment Print

Notice as prescribed U/s. 143(2) was not properly served on assessee, ITAT Kolkata, held, that assessment made U/s. 144 of the Act was not valid & it was quashed.

Transfer pricing adjustment should be restricted to AE transactions only: SC Admits SLP

January 14, 2017 6025 Views 0 comment Print

Hon’ble Supereme Court admits SLP- Transer pricing adjustment should be restriced to AE transactions only and not on entire turnover of assessee

Dispensing with requirement for convening meeting of Equity Shareholders not possible: NCLT

January 13, 2017 2481 Views 0 comment Print

In relation to the dispensation of the meeting of the equity shareholders of the Transferor Company is concerned we are not inclined to grant dispensation taking into consideration the provisions of Companies Act, 2013 and the rules framed there under both of which expressly do not clothe this Tribunal with the power of dispensation in relation to the meeting of shareholders/members.

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