Subordinate authority can’t give limited effect to Tribunal’s order restricting it to one demand only: HC

EXCISE/ST/VAT : Entire order in original when set aside by Tribunal, subordinate authority cannot give limited effect to Tribunal's order restricting it to one demand only and adjust pre-deposit amounts…

Continue ReadingSubordinate authority can’t give limited effect to Tribunal’s order restricting it to one demand only: HC

Expense incurred after setting up of business but before actual commencement of operations allowed under section 37

INCOME TAX : Where assessee-company had taken premises on rent, employed few employees, purchased certain assets and directors of company had stated in Directors' report that nature of work required…

Continue ReadingExpense incurred after setting up of business but before actual commencement of operations allowed under section 37

Company secretaries can now act as whistleblowers under the provisions of the Companies Act 2013 when fraud is detected during the course of secretari

There have been multiple cases of scams in companies, capital markets etc. during the last decade and we could cite the following one which was known as Enron of India…

Continue ReadingCompany secretaries can now act as whistleblowers under the provisions of the Companies Act 2013 when fraud is detected during the course of secretari

Whether capitalisation of exp. is mandatory for Sec. 80-IA deduction? SC issues notice to parties

INCOME TAX : Notice issued in SLP filed against High court ruling that where assessee, a power distribution company, incurred expenditure on network of a new transmission or distribution line,…

Continue ReadingWhether capitalisation of exp. is mandatory for Sec. 80-IA deduction? SC issues notice to parties

Review order passed after 3 months from date of receipt of order by Reviewing Authority is correctly held as time barred: CESTAT

EXCISE/ST/VAT : On failure by Department to produce documentary evidence to establish date on which Review Authority received Adjudicating Authority's order despite providing several opportunities, Commissioner (Appeals) findings that review…

Continue ReadingReview order passed after 3 months from date of receipt of order by Reviewing Authority is correctly held as time barred: CESTAT

Reassessment notice cannot be issued by merely relying upon the information received from other sources

INCOME TAX : Where assessee sold shares and claimed LTCG as exempt under section 10(38), since assessee had submitted evidences in form of bills, contract notes, demat statement and bank…

Continue ReadingReassessment notice cannot be issued by merely relying upon the information received from other sources

Whether capitalisation of exp. is mandatory for Sec. 80-IA deduction? SC admits SLP and issues notice to parties

INCOME TAX : Notice issued in SLP filed against High court ruling that where assessee, a power distribution company, incurred expenditure on network of a new transmission or distribution line,…

Continue ReadingWhether capitalisation of exp. is mandatory for Sec. 80-IA deduction? SC admits SLP and issues notice to parties

MCA tweaks Form SH.4 to include a declaration from transferee that no Govt. approval is required under FEMA (NDI) rules

The MCA has notified the Companies (Share Capital and Debentures) Amendment Rules, 2022 whereby ‘Securities Transfer Form’ i.e. Form SH-4 has been revised to include a declaration from the transferee…

Continue ReadingMCA tweaks Form SH.4 to include a declaration from transferee that no Govt. approval is required under FEMA (NDI) rules