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Archive: 08 May 2022

Posts in 08 May 2022

Unilateral cancellation of registered deed by donor is not valid

May 8, 2022 8325 Views 0 comment Print

Chelluboyina Nagaraju Versus Molleti Ramudu Alias Vijayalakshmi (Andhra Pradesh High Court) Facts- The plaintiffs, sisters, filed suit to declare their title and for recovery of possession. In the plaint, it was contended that the plaint schedule property originally belonged to the mother of plaintiffs and that their mother executed a registered gift settlement deed in […]

Case Summary Sri Babu A Dhammanagi vs Union of India

May 8, 2022 1944 Views 0 comment Print

Resolution Professional’s job is confined to making recommendations; there is no aspect of adjudication on the Resolution Professional’s behalf. The final decision on whether the application should be accepted or rejected is made by the Adjudicating Authority, which is not bound by the Resolution Professional’s advice.

SC Judgment on Section 148 Notices – Using Missile where Rifle could have sufficed

May 8, 2022 3138 Views 0 comment Print

Analysis of the recent Supreme Court judgment on Section 148 Notices. Find out if the court used excessive force when a simpler approach would have sufficed.

Way ahead in reassessment after Supreme Court decision

May 8, 2022 6624 Views 0 comment Print

Understanding the Supreme Court’s decision on reassessment after the amendment. Learn about the rights of the Revenue and Assessees in this legal controversy.

Reincarnation of Section 148 Reassessments Notices issued post 01/04/2021

May 8, 2022 12483 Views 0 comment Print

Learn about the impact of the Finance Act 2021 on reassessment notices and the validity of unamended Act notices issued post 01/04/2021.

Resolution Professional Not Entitled to Fees during Stay on Insolvency Proceedings

May 8, 2022 1602 Views 0 comment Print

IndusInd Bank Ltd. Vs Rajendra K. Bhuta (NCLAT Delhi) When the Hon’ble Supreme Court by Interim Order dated 26th November, 2018 has stayed the insolvency proceedings which proceedings ultimately were set aside by the final Judgment dated 2nd September, 2019, we are of the view that Resolution Professional is not entitled for any fee after […]

Conveyance Allowance not part of wages for Computation of ESI Contribution: SC

May 8, 2022 927 Views 0 comment Print

ESI Court held that the conveyance allowance paid to the employees by the appellant herein does not include the wages, the employer has preferred the present appeal.

Section 54 deduction allowable for investment within time limit prescribed u/s 139(4)

May 8, 2022 1080 Views 0 comment Print

Mathew Pradeep Francis Vs ACIT  (ITAT Bangalore) In the instant case, we noticed that the assessee has made investment in acquiring new residential house property within the time given in section 54 of the Act and also within the time limit prescribed u/s 139(4) for filing revised return of income. Accordingly, following the binding decision […]

Cenvat Credit cannot be denied merely for Clerical/typographical error

May 8, 2022 2016 Views 0 comment Print

Hindustan Zinc Ltd. Vs Commissioner (Appeals), Central Excise & Central Goods And Service Tax (CESTAT Delhi) The issue to be adjudicated herein is as to whether the Cenvat Credit availed of Service Tax paid is liable to be denied being availed on the following grounds:– (i) Performa invoices (ii) Invoices issued in the name of […]

Arbitrator to decide on need to impleaded third party

May 8, 2022 6312 Views 0 comment Print

Vistrat Real Estates Private Limited Vs Asian Hotels North Ltd (Delhi High Court) Once a valid arbitration agreement exists between the parties, the issue whether the petitioner is entitled to any relief in the absence of a third party to the agreement or that third party is required to be impleaded in the proceedings, is […]

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