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Archive: 18 August 2021

Posts in 18 August 2021

Analysis of Venus Recruiters Pvt Ltd Vs Union of India (Delhi High Court)

August 18, 2021 3246 Views 0 comment Print

Whether under IBC, 2016, an application filed under section 43 for avoidance of preferential transactions can survive beyond the conclusion of the resolution process and the role of the RP in filing/pursuing such applications. The jurisdiction of the NCLT to hear applications under section 43 after the approval of the Resolution Plan, is thus under challenge.

LLC Incorporation in Delaware, USA

August 18, 2021 4419 Views 0 comment Print

The State of Delaware in the USA is considered to be a leading hub for business owners. Not only for the U.S. domiciles but also for the international business entities. Delaware possesses the most business friendly laws that provide businesses legal benefits. LLC Incorporation in Delaware, USA is easy and hustle-free too. In this article […]

CENVAT credit allowable on lift which is capital goods: CESTAT Bangalore

August 18, 2021 1377 Views 0 comment Print

Divya Sree R O W Projects Vs Commissioner of Central Tax (CESTAT Bangalore) After considering the submissions of both the parties and perusal of the material on record, I find that when the passenger lift was imported, it was classified under Chapter 84 and the Classification was accepted by the Department and once the classification […]

General Insurance Business (Nationalisation) Amendment Act, 2021

August 18, 2021 786 Views 1 comment Print

(1) This Act may be called the General Insurance Business (Nationalisation) Amendment Act, 2021. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Advance ruling obtained with misrepresentation of facts is void ab-initio

August 18, 2021 1398 Views 0 comment Print

In re J K Papad Industries (GST AAAR Gujarat) Appellant has obtained the Advance Ruling by submitting application of advance ruling with suppression of material facts or misrepresentation of facts, and the application was not eligible to be admitted in view of proviso to sub-section (2) of section 98 of the CGST Act, 2017. Therefore, […]

Reopening for accommodation entry based on inquiries & Investigation report was valid: HC

August 18, 2021 3204 Views 0 comment Print

Sanjay Baulal Surana Vs ACIT (Gujarat High Court) 1. The function of the assessing authority at this stage is to administer the statute and what is required is a reason to believe and not to establish fact of escapement of income and therefore, looking to the scope of Section 147 as also sections 148 to […]

Income Tax Department conducts searches in NCR

August 18, 2021 777 Views 0 comment Print

The Income Tax Department conducted searches on 16.08.2021 on a company engaged in trading of telecom equipment and installation and servicing of these items for various telecom players in India. Searches were conducted at 5 premises, including the corporate office, residence of foreign director, residence of company secretary, accounts person and the cash handler of a foreign subsidiary company in India.

Presumptive Taxation does not create a privileged class of taxpayers

August 18, 2021 14514 Views 3 comments Print

There is a misconception in the mind of business as well as professional community that if a person opts the provisions of presumptive taxation, then he is free to enjoy the difference between the actual profits and the presumptive profits. It is to be noted that the provisions of presumptive taxation are enacted to facilitate […]

HC rejects Plea Seeking Waiver Of Detention Charges Imposed By ICDs & CFSs During Lockdown

August 18, 2021 3105 Views 0 comment Print

Polytech Trade Foundation Vs Union of India (Delhi High Court) Conclusion: These are all issues involving disputed questions of fact, not amenable to adjudication under Article 226 of the Constitution of India. It is not open to the Court – just as it was not open to the executive authorities – to approach the matter solely […]

How to choose Mutual Fund without being very technical

August 18, 2021 2718 Views 1 comment Print

Mutual Fund is a professionally managed investment fund which pools money from many investors and invest broadly in equity, debt., combination of equity & debt (balanced or hybrid fund) and commodities. How to choose the type of Mutual Fund The objective of investment should be clear while choosing mutual fund. If the objective is to […]

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