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Archive: 12 March 2021

Posts in 12 March 2021

Section 132(6) of CGST Act required only after conclusion of investigation under Criminal Law

March 12, 2021 2658 Views 0 comment Print

In present facts of the case, it was observed by Hon’ble High Court that Section 132(6) of CGST Act, would be required only after the conclusion of the investigation and at the stage of presentation of charge-sheet/final report under Section 173 Cr.P.C.

Cancellation of section 12A Registration Not Mandatory under Circular No. 21/2016

March 12, 2021 1830 Views 0 comment Print

Visakhapatnam Port Trust Vs CIT (ITAT Visakhapatnam) In the instant case, the registration was already granted by the Ld.CIT vide order dated 20.03.2008 w.e.f. 01.04.2002. There is no dispute with regard to genuineness of the activities and there is no finding of the Ld.CIT with regard to not carrying on the activities as per the […]

No section 37 addition for expenses not claimed by Assessee

March 12, 2021 2568 Views 0 comment Print

USG Buildwell Pvt. Ltd. Vs Additional CIT (ITAT Delhi) The Ld. DR submitted that the disallowance u/s 37 on account of additional payment for purchase of land was righty made as the assessee could not establish his case as the expenditure was incurred without any substantial evidence produced before the Assessing Officer to that effect […]

Risk Based Internal Audit Mechanism in Banks – Shift from Substantive to Compliance Procedures

March 12, 2021 11820 Views 2 comments Print

Financial auditing is the process of examining an organization’s (or individual’s) financial records to determine if they are accurate and in accordance with any applicable rules (including accepted accounting standards), regulations, and laws. This process of auditing is carried out with different objectives, if objective of auditor is establish fairness of the financial result it […]

Misrepresentation and Warranty Distinguished

March 12, 2021 6951 Views 0 comment Print

Distinguish between misrepresentation and warranty in insurance contracts. Explore the nuances of representations and warranties, their impact on policy eligibility, and the contractual obligations they entail. Gain insights into key legal distinctions, illustrated with relevant court decisions. Understand the importance of accurate statements, whether as representations made during negotiations or warranties included in the policy document. Navigate the complexities of insurance contracts with clarity.

 Provisions for Right Issue of Shares under the Companies Act 2013

March 12, 2021 49542 Views 1 comment Print

When a company expands it requires additional funds. One of the many ways to raise additional capital for a listed company is rights issue of shares. If a company issues shares to the public at large, it may affect the voting rights of the existing shareholders of the company. So in order to avoid this […]

SEBI (Annual Report) Rules, 2021

March 12, 2021 3483 Views 0 comment Print

(1) These rules may be called the Securities and Exchange Board of India (Annual Report) Rules, 2021. (2) They shall come into force on the date of their publication in the Official Gazette.

Incomprehensible Orders do dis-service to the cause of ensuring accessible & understandable justice to citizens: SC

March 12, 2021 555 Views 0 comment Print

State Bank of India & Anr. Vs Ajay Kumar Sood (Supreme Court) The reasons set out in the judgment of the Division Bench of the High Court dated 27 November 2020 dismissing the petition filed by the petitioners under Article 226 of the Constitution, span over eighteen pages but are incomprehensible. We are constrained to […]

Disallowance on ad hoc basis justified if assessee not produces any vouchers

March 12, 2021 3867 Views 0 comment Print

Sunrise Jewellers Vs ITO (ITAT Cuttack) Addition of Rs. 1,19,848/- on ad hoc basis without  specifying/pinpointing which voucher is not verifiable After hearing both the sides and perusing the entire material available on record along with the paper book filed by the assessee as well as the orders of the authorities below and the written […]

Karnataka HC guidelines for search & seizure of Electronic Devices

March 12, 2021 8682 Views 0 comment Print

Virendra Khanna Vs State of Karnataka (Karnataka High Court) In this case Karnataka High COurt answered following Questions- 1. Can a direction be issued to an accused to furnish the password, passcode or Biometrics in order to open the smartphone and/or email account? 2. Can a Court issue a suo moto order to the accused […]

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