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Archive: 18 May 2022

Posts in 18 May 2022

Arbitration agreement cannot be acted upon unless stamp duty is paid: SC

May 18, 2022 5994 Views 0 comment Print

VR Commodities Private Limited Vs Norvic Shipping Asia Pte. Ltd. (Andhra Pradesh High Court) With respect to the validity of the arbitration clause in an unstamped instrument, the Supreme Court relied on sections 33 and 35 of the Indian Stamp Act, 1899. Section 33 of the legislation relates to the examination and impounding of instruments […]

Only Clerical or Arithmetical Mistakes in Order Fixing Minimum Wages can be Corrected U/s. 10 of Minimum Wages Act, 1948: SC

May 18, 2022 1749 Views 0 comment Print

Gomantak Mazdoor Sangh Vs. State of Goa (Supreme Court) What can be said to be an arithmetical or clerical error has been dealt with and considered by this Court in the case of Master Construction Co. (P) Ltd. (supra). It is observed and held that an arithmetical mistake is a mistake of calculation; a clerical […]

Consultation paper on reducing delays in corporate insolvency resolution process

May 18, 2022 600 Views 0 comment Print

Consultation paper on issues related to reducing delays in the corporate insolvency resolution process suggests changes to IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016

Deemed Dividend – Accumulated profit includes Profit up to date of payment

May 18, 2022 4668 Views 0 comment Print

Sanjay Subhashchand Gupta Vs ACIT (ITAT Mumbai) As per the provisions of section 2(22)(e), loan or advance paid by a company shall be considered as deemed dividend on fulfillment of following conditions (i) the company must be a company in which the public is not substantially interested; (ii) such a company has given advance or […]

Strike off of Companies Voluntary Removal

May 18, 2022 10797 Views 2 comments Print

A company can voluntary approach to concern ROC for voluntary strike off. As the company grow the profit is also grow but if the company has no business and not carry out any financial activity during his tenure it is always advisable to close the company so that save the cost in monetary term.

Extended period of limitation cannot be invoked when all the facts were in knowledge of revenue

May 18, 2022 1803 Views 0 comment Print

Raychem RPG Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) We are not in agreement with the findings recorded by the Commissioner on the issue of limitation. Undisputedly all the facts were in the knowledge of the revenue and in fact have been corresponded between the revenue and appellant since 1993. For the clearance of […]

Section 54B deduction eligible on Advance Payment to Purchase Agricultural Land

May 18, 2022 1719 Views 0 comment Print

DCIT Vs Indranil Sanjaybhai Rajyaguru (ITAT Rjakot) It is an undisputed fact that when the initial payment of Rs. 12.15 crores has been made for purchase of the new asset that too more than the amount of capital gain to the tune of Rs. 2.90 crores before the due date of filing of the return […]

SC explains applicability of Duomatic Principle in Company Law In India

May 18, 2022 3978 Views 0 comment Print

Duomatic Principle can be briefly stated as ‘anything the members of a company can do by formal resolution in a general meeting, they can also do informally, if all of them assent to it.

Does rigours of Black Money Act applies to assets acquired out of income outside the purview of Indian Income Tax Act?

May 18, 2022 1062 Views 0 comment Print

Understanding the impact of the Black Money Act on assets acquired outside the purview of the Indian Income Tax Act. Can NRIs be penalized?

Whether Penalty & Prosecution on Assets acquired prior to commencement of Black Money Act constitutionally valid?

May 18, 2022 2061 Views 0 comment Print

Understanding the constitutional validity of penalty and prosecution on assets acquired before the commencement of the Black Money Act in India.

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