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Archive: February, 2022

Posts in February, 2022

Taxation of Crypto Assets – A Nutshell

February 5, 2022 4884 Views 0 comment Print

The wait for the most awaited amendment if finally over. The Finance Act 2022 has finally introduced a taxation mechanism on crypto currencies and crypto assets. This article will give you a brief overview about how crypto currencies and crypto assets will be taxed in India. Firstly, it is important to understand where the crypto […]

Omission to claim deduction u/s 57(iv) is rectifiable under Section 154

February 5, 2022 3525 Views 0 comment Print

Dhanesh Kumar Jain Vs ACIT (ITAT Delhi) In this case Assessee by mistake not claimed deduction u/s. 57(iv) of Income Tax Act, 1961 i.e. @ 50% of interest on compensation that was received by Assessee on acquisition of his agricultural land by Land Collector. ITAT held that mistake, was in the nature of a mistake […]

PMLA, 2002 & Benami Transactions (Prohibition) Amendment Act, 2016

February 5, 2022 5124 Views 0 comment Print

Prevention of Money Laundering Act (PMLA), 2002 and The Benami Transactions (Prohibition) Amendment Act, 2016 in India A. Prevention of Money Laundering Act (PMLA), 2002  1. Introduction on the PMLA (i) Definition of PMLA is given under section 3 of the PMLA, 2002 where any activity of Money Laundering is involved for the purpose of […]

UAE announces introduction of corporate tax w.e.f. 1 June 2023

February 5, 2022 2841 Views 0 comment Print

UAE announces introduction of corporate tax w.e.f. 1 June 2023: 1. Corporate Tax has been introduced on net income or profit of corporations and other businesses. This is a federal tax and so applicable to across Emirates. 2. There is zero tax if taxable profits are upto AED 375,000 (to support startups and MSMEs) and […]

ESIC & PF paid before due date of filing income tax return allowable till AY 2020-21

February 5, 2022 8952 Views 0 comment Print

Dr. B. Lal Clinical Laboratory Private Limited Vs ACIT (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Further, the ld D/R […]

Bar of Section 69(2) of Indian Partnership Act, 1932 not applicable to Transactions not in the course of business: SC

February 5, 2022 3591 Views 0 comment Print

Shiv Developers Vs Aksharay Developers (Supreme Court) As noticed, the crucial and key factor in the present case remains that the sale transaction in question is not arising out of the business of the appellant firm. Equally significant fact is that the subject suit is for enforcing a right of avoidance of a document on […]

Difference Between Subrogation and Assignment

February 5, 2022 11367 Views 0 comment Print

As you are aware that a contract of General Insurance is generally a contract of indemnity, it means an insured will not receive from insurance company more than the loss he /she suffered. Further an insured is not allowed to gain more than, what he suffered due to insured peril from the insurance company. “Indemnity” […]

CIT(E) Order passed without hearing Assessee during COVID-19 violates Principal of Natural Justice

February 5, 2022 1296 Views 0 comment Print

Madhavi Raksha Sankalpa Vs CIT (Exemptions) (ITAT Mumbai) ITAT noticed that the CIT(Exemptions) has passed the order on 31.08.2020 during the pandemic period without hearing the appellant. It is against the principles of natural justice. A proper and reasonable opportunity is liable to be given to the appellant in accordance with law, therefore, in the […]

Financial Creditor can initiate action under Section 7 of IBC, 2016

February 5, 2022 2976 Views 0 comment Print

Niew taken by NC:LT in Beacon Trusteeship Limited is not inconsonance with Section 7 read with Section 238 of ‘I&B Code’. Financial Creditor has full right to initiate action under Section 7 for non-payment of dues.

Prosecution against company cannot continue after declaration of moratorium by NCLT

February 5, 2022 6048 Views 0 comment Print

Nag Leathers Pvt. Ltd Vs Muzain Hides (Madras High Court) It is evident that there is a categorical finding recorded by the Apex Court that the moratorium provision contained in Section 14 of the Insolvency Bankruptcy Code, would apply only to corporate debtor, the natural persons mentioned in Section 141 continuing to be statutorily liable […]

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