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Archive: February, 2022

Posts in February, 2022

In case of Fraud General Bar on Civil Proceedings Not Applicable | Section 34 | Sarfaesi Act

February 6, 2022 18387 Views 0 comment Print

Tajunissa Vs Mr. Vishal Sharma (Delhi High Court) Statutory proscription engrafted in Section 34 of the SARFAESI Act, therefore, the Supreme Court has, in the afore-extracted passage from Mardia Chemicals, chiseled out an exception, in a case in which for example, the action of the secured creditor is alleged to be fraudulent or his claim […]

Matter pending before Competent Jurisdiction cannot be transferred for mere Temporary Shift In Residence

February 6, 2022 1425 Views 0 comment Print

Silpa Shaji Vs Satheesh K.S. (Kerala High Court) it is an admitted fact that the petitioner has no job or income and she alleged to be residing at the house of her cousin sister for the time being. The same would go to show that the petitioner wants to transfer four cases pending before the […]

NI Act- Date of intimation from bank for return of cheque not to be included in Limitation Period for Issuance of Legal notice

February 6, 2022 113712 Views 0 comment Print

While computing the limitation period of 30 days prescribed under Section 138(b) N.I. Act for issuance of a valid legal notice, the day on which intimation is received by the complainant from the bank that the cheque in question has been returned unpaid has to be excluded.

Requirements of FIRC Confirmation From Authorised Dealer AD Bank

February 6, 2022 11559 Views 0 comment Print

In terms of extant guidelines of RBI since 1987, AD Banks may be required to issue Certificates to beneficiaries of Inward Remittances received through their medium for production as supporting evidence for claiming various facilities / benefits / entitlements under Exchange Control Regulations or Government Rules.

The Tale of ‘Arth’, ‘Shashtri’ and the ‘New TDS on Perks’

February 6, 2022 3840 Views 0 comment Print

This section 194R requires deduction of tax at source @ 10%, by any person, providing any benefit or perquisite, exceeding Rs. 20,000 in value, in a year, to a resident, and such benefit or perquisite arise from the business or profession of such resident.

Couple arrested for GST Evasion of Rs 12.23 Crore

February 5, 2022 11274 Views 1 comment Print

The officers of Anti Evasion wing of CGST Thane Commissionerate of Mumbai Zone have arrested a couple, for GST evasion of Rs. 12.23 Crore. Based on detailed data mining and data analysis, a Thane based firm M/s Datalink Consultancy was identified as suspicious entity and enquiry was initiated against this firm.  Investigation revealed that this […]

Fake ITC: CGST Mumbai South smashes a network of fictitious firm

February 5, 2022 2532 Views 0 comment Print

CGST Mumbai South smashes a network of fictitious firms which generated fake Input Tax Credit of Rs 49 crores Officers of CGST Mumbai South has smashed a network of fictitious firms which issued fake invoices of Bullion of around Rs. 1650 Crores and fake Input Tax Credit (ITC) of Rs. 49.7 Crores and was remanded […]

Govt criminalise illicit publication of Import and Export Data

February 5, 2022 5142 Views 0 comment Print

The Finance Ministry has proposed a new section, 135AA, in the Customs Act vide Union Budget 2022-23. Proposed section 135AA of Customs Act, 1962 criminalise the illicit publication of personalised, transaction level information by private entities, which affects the competitive position of Indian businesses in international trade and compromises their data privacy. Government agencies, such as, Department […]

Section 63 of Copyright Act is a cognizable offence, hence police can register FIR on receiving complain

February 5, 2022 8568 Views 0 comment Print

Karnataka HC: Ola Cabs face copyright infringement charges by Lahari Recording Company for displaying music videos in Ola Prime cabs. Legal analysis included.

Citations & Abbreviations In Legal Drafting

February 5, 2022 7404 Views 0 comment Print

CITATIONS & ABBREVIATIONS IN DRAFTING This tip clarifies strives to give clarity on: A) How to read or quote citations; B) How to use abbreviations in the text of a legal document. 1. Citations: A legal citation is the practice of referring to the authoritative documents & sources. It is used for citing a reference […]

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