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Archive: 04 February 2022

Posts in 04 February 2022

Employee can claim Gratuity ‘either’ under Gratuity Act, 1972 or Bank Regulations

February 4, 2022 4869 Views 0 comment Print

Regulation 72(1) provides that an officer or employee shall be eligible for payment of gratuity either as per the provisions of the Act of 1972 or as per Sub-regulation (2) whichever is higher. Thus, it is beyond doubt that an employee must receive gratuity whichever is more beneficial either under the Act of 1972 or under the Regulations framed by the bank. However, this is not the same thing as to suggest that an employee can choose computation of gratuity under one statute and seek benefits of other provisions under another statute. As we have noticed, the scheme of gratuity under the Act of 1972 and under the regulations framed by the bank are different.

Mere suspicion of transaction cannot conclude unsecured loan as unexplained

February 4, 2022 2958 Views 0 comment Print

Unsecured loan– It is seen that merely because the Lender Company had substantial funds through borrowings, AO suspected the Assessee to have created layers of intermediaries to bring in Unaccounted money, and on the basis of such suspicion, drew adverse conclusion against the genuineness of the Unsecured Loan and treated it as Unexplained merely on the basis of such suspicion.

Finance Bill, 2022: Highlights of Direct Taxes & GST Proposals

February 4, 2022 17022 Views 0 comment Print

UNION BUDGET 2022-2023 HIGHLIGHTS OF THE FINANCE BILL, 2022 The fourth Union Budget presented by the Finance Minister Smt. Nirmala Sitharaman on 1st February 2022; was like a booster dose for the economy in the endemic/post-pandemic era wherein the Government has chosen to lead the path by heavily increasing the capital expenditure to create a […]

GST Authority cannot detain goods/conveyance in transit for non-payment of tax by other person in supply chain

February 4, 2022 12702 Views 0 comment Print

Punjab & Haryana HC quashed the detention order and notice issued under Section 130 of the CGST Act, whereby the Petitioner’s goods were seized by the Authorities for the non-payment of tax by the supplier of goods.

Disclosures in abridged prospectus & front cover page of offer document

February 4, 2022 1068 Views 0 comment Print

Section 2(1) of Companies Act, 2013 defines an abridged prospectus as a memorandum containing such salient features of a prospectus as may be specified by Securities and Exchange Board India by making regulations in this behalf.

Empanelment of Concurrent Auditor with EXIM Bank of India

February 4, 2022 2193 Views 0 comment Print

EXIM Bank invites bids from eligible bidders for Appointment of Concurrent Auditor for FY 2022-23 for Export-Import Bank of India. The mode of tendering is through e-Tendering. E-Tendering is the process by which the physical tendering activity is carried out using internet and associated technologies in a faster and secure environment.

Commercial court is empowered to provide new time period for filing written submission

February 4, 2022 25959 Views 0 comment Print

Commercial Court shall have power to provide a new time period for filing written statement under section 15(4) of the Act, 2015 itself, independent of Section 148 CPC.

Superseded directors not entitled to participate in meeting of Committee of Creditors

February 4, 2022 4449 Views 0 comment Print

Dheeraj Wadhawan Vs Administrator, Dewan Housing Finance Corporation Limited (NCLAT Delhi) Facts- The Company Appeal is filed by Appellant Dheeraj Wadhawan, erstwhile Promoter/Director of DHFL, against the Order dated 28 April 2020 in the Miscellaneous Application being numbered as MA 518 of 2020 in Company Petition (IB) No. 4258/2019 under Section 60(5) of the Insolvency […]

US Taxation: Virtual currency

February 4, 2022 939 Views 0 comment Print

In 2014, the IRS issued Notice 2014-21, 2014-16 I.R.B. 938  explaining that virtual currency is treated as property for Federal income tax purposes and providing examples of how longstanding tax principles applicable to transactions involving property apply to virtual currency. With our income tax authorities going to bite virtual currency as explained in the recent budget […]

SC allows Assessee to adjust Tax paid under Income Declaration Scheme, 2016 against Income Tax if his application was rejected

February 4, 2022 2370 Views 0 comment Print

Yogesh Roshanlal Gupta Vs Central Board of Direct Taxes (Supreme Court) The Supreme Court while reversing the High Court’s Order has ruled that the assessee can adjust Income Tax paid under Income Declaration Scheme, 2016 with tax payable if his application was rejected. The assessee made a declaration of an undisclosed income of a certain […]

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