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Archive: 11 February 2022

Posts in 11 February 2022

GST exempt on accommodation service for residential or lodging purpose if per day tariff is below Rs. 1000

February 11, 2022 6975 Views 0 comment Print

In re Healersark Resources Private Limited (GST AAAR Tamilnadu) In the case at hand, the applicant has entered into lease agreements with third party service providers and in one such agreement entered into with AMET University( Academy of Maritime Education and Training) available on record, it is seen that the applicant has entered into the […]

Insolvency Resolution Process cannot be maintained against legal heirs of Personal Guarantor

February 11, 2022 3024 Views 0 comment Print

Bank of Baroda Vs Divya Jalan (NCLT Kolkata) When a section 95 application is filed the assets of the Personal Guarantor is hit by moratorium and if we put the legal heirs of the deceased Personal Guarantor into the shoes of the Personal Guarantor then their personal assets will also get automatically hit by moratorium, […]

IBBI cancels registration of Valuer for concealment of information of criminal proceedings

February 11, 2022 1101 Views 0 comment Print

IBBI observes that the offences alleged in the criminal proceedings are in relation to the professional conduct of a valuer- section 120B of the IPC relating to criminal conspiracy, section 420 of the IPC relating to cheating and dishonestly inducing delivery of property, section 467 of the IPC relating to forgery of valuable security, will, […]

Taxability of Virtual Digital Asset – Section 115BBH

February 11, 2022 17049 Views 0 comment Print

Articles explains the definition of virtual digital asset u/s 2(47A) , the taxability  of virtual digital asset u/s 115BBH, the TDS provision u/s 194S and the proposed amendment u/s 56(2)(X) of the Act. Meaning of Virtual Digital Asset Finance Bill, 2022 has proposed to inset a new clause (47A) to section 2 of income tax […]

Reduction of Share Capital is Domestic Affairs of a Company: NCLAT

February 11, 2022 5454 Views 0 comment Print

Reduction of Capital’ under Section 66 of the Companies Act, 2013 is a ‘Domestic Affair’ of a Company in which, ordinarily, a Tribunal will not interfere because of the reason that it is a ‘majority decision’ which prevails.

No need to physically port ration card from one State/UT to another

February 11, 2022 1308 Views 0 comment Print

No need to physically port the ration card from one State/UT to another under One Nation One Ration Card (ONORC) plan Since inception of the ONORC in August 2019, about 56 Crore portability transactions have been recorded in the States/UTs up to 31st January, 2022 The Union Minister of State for Consumer Affairs, Food and […]

HC quashes NCLT Order accepting IBA Application as default was less than Rs.1 Crore

February 11, 2022 4206 Views 0 comment Print

NCLT Order accepting IBA Application for want of Jurisdiction post-amendment to Section 4 was quashed in the light of amendment to section 4 wherein Part II of the IBC could apply only to matters relating to insolvency and liquidation of corporate debtors, where the minimum amount of default was Rs.1 Crore.

TDS not deductible on payment for time charter of ships to non-resident

February 11, 2022 4743 Views 0 comment Print

ITO Vs Terapanth Foods Limited (ITAT Rajkot) It is pertinent to note that the CIT(A) has categorically mentioned that Section 195 of the Act would apply only if payment is made which is chargeable under Income Tax Act 1961. The Assessing Officer has not given any reason as to why the chargeability of tax under […]

Section 54F exemption eligible on two flats to be used as a single dwelling unit

February 11, 2022 5922 Views 0 comment Print

Appeal by Anita Oberai against CIT(A) denial of exemption u/s.54F for two adjacent flats purchased. ITAT Pune sets aside the order in favor of the assessee.

GST – Way forward for India Inc.

February 11, 2022 2757 Views 0 comment Print

GST Roll out: It is more than 4.5 Years now, after the implementation of GST from 01.07.2017, which replaced erstwhile Taxes with Uniformed Indirect tax across the country. Prior to implementation of GST there were so many taxes like Central Excise – Tax on Manufacturing Service Tax – Tax on Services State VAT – Tax […]

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