No disallowance for TDS default while claiming actual exp. if such disallowance was already made while creating provision

INCOME TAX : Disallowance u/s 40(a)(i) is attracted in the year when provision is made without deducting TDS ; no disallowance shall once again be made when on receipt of…

Continue ReadingNo disallowance for TDS default while claiming actual exp. if such disallowance was already made while creating provision

State Laws such as Kerala/Gujarat Money Lenders Act have no application to NBFCs registered under RBI Act: SC

FEMA, BANKING amp; INSURANCE : Law relating to registration and regulation of NBFCs are covered under Chapter IIIB of the RBI Act and, thus, Kerala Money Lenders Act, 1958 and…

Continue ReadingState Laws such as Kerala/Gujarat Money Lenders Act have no application to NBFCs registered under RBI Act: SC

Apex Court validated notices issued under the old scheme: Is it a consensus-based or a law-based judgment?

The hon’ble Supreme Court, it is respectfully submitted,may have once again reached the infamous ADM Jabalpur moment, even if this is so, in the context of income-tax proceedings.The hon’ble Supreme…

Continue ReadingApex Court validated notices issued under the old scheme: Is it a consensus-based or a law-based judgment?

HC reduced withholding tax rate percentage in case of Google as equalisation levy was also charged in its case

INTERNATIONAL TAXATION : Where certificate was issued under section 195(2) directing payer company, GCI to deduct tax at source at rate of 10 per cent at time of making payment…

Continue ReadingHC reduced withholding tax rate percentage in case of Google as equalisation levy was also charged in its case

SC brings an amicable end to family feud between mother and daughters by making mother an Emeritus Consultant of Co.

COMPANY LAW : SC brings about an amicable end to family feud between mother amp; daughters by making mother the Emeritus Consultant of the companyCOMPANY LAW : SC brings about…

Continue ReadingSC brings an amicable end to family feud between mother and daughters by making mother an Emeritus Consultant of Co.

Mortgages entered into between parties after initiation of recovery action by Income-tax Dept. are void: HC

INCOME TAX : Where mortgages are entered into between parties, after initiation of action by Income-tax Department for recovery of arrears, then such mortgages are void and cannot be a…

Continue ReadingMortgages entered into between parties after initiation of recovery action by Income-tax Dept. are void: HC

Loss suffered in derivative transactions is not speculation loss; can be adjusted against business income: HC

INCOME TAX: By virtue of insertion of clause (d) to proviso to Section 43 (5) of Income Tax Act, 1961, transactions in respect of trading in derivatives as prescribed in…

Continue ReadingLoss suffered in derivative transactions is not speculation loss; can be adjusted against business income: HC

No vicarious liability of persons u/s 141 of NI Act unless Co. or firm has committed an offense as principal accused: SC

FEMA, BANKING amp; INSURANCE : Unless company or firm has committed offence as a principal accused, persons mentioned in sub-section (1) or (2) would not be liable and convicted as…

Continue ReadingNo vicarious liability of persons u/s 141 of NI Act unless Co. or firm has committed an offense as principal accused: SC