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Archive: May, 2022

Posts in May, 2022

Dues outstanding under lease, where lessee has not raised any amount, doesn’t qualify as financial creditor

May 22, 2022 2547 Views 0 comment Print

Section 5(8)(d) includes only a finance or a capital lease, which is deemed, as such, under the Indian Accounting Standards. Section 5(8)(f) is a residuary and catch all provision. A lease, which is not a finance or a capital lease under Section 5(8)(d), may create a financial debt within the meaning of Section 5(8)(f), if, on its terms, the Court concludes that it is a transaction, under which, any amount is raised, having the commercial effect of the borrowing.

Arrest of 2 CAs by Gugugram CGST – Submission Before Court

May 22, 2022 6291 Views 0 comment Print

In the Matter of: CGST, GURUGRAM Vs. SUNIL MEHLAWAT Written Submissions on Behalf of The Applicant/Sunil Mehlawat MOST RESPECTFULLY SHOWETH: 1. The Applicant aged about 29 Years, is married and has a minor child and aged father (mother already passed away), is sole bread earner of the family, since his wife is a housewife. There […]

AAR Maharashtra allows ‘Cinta Medtech’ to withdraw application

May 22, 2022 1029 Views 0 comment Print

In re Cinta Medtech Private Limited (GST AAR Maharashtra) The present application has been filed under Section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST Act and MGST Act” respectively] by M/s. Cinta Medtech Private Limited, the applicant, […]

CS Foundation Programme Examination June, 2022 – Instructions

May 22, 2022 957 Views 0 comment Print

CS Foundation Programme would be held on 15th and 16th June, 2022 as per timing given in the Admit Card. Candidates should read the instructions given below carefully and strictly follow them while appearing in Examination

Mandatory Renewal of RERA Agent Registration within time limit

May 22, 2022 10437 Views 0 comment Print

Learn about the mandatory renewal process for RERA agent registration. Understand the rules and conditions involved in renewing your license.

CS Executive & Professional Programme Examination- Instructions- June 2022

May 22, 2022 9108 Views 0 comment Print

Instructions To Examinees – June, 2022- CS Executive & Professional Programme Examinations To Be Held From 01st June, 2022 To 10th June, 2022

Order passed by Adjudicating Authority, without resolution professional’s application for initiation of proceedings u/s 43, is unsustainable

May 22, 2022 1536 Views 0 comment Print

The Resolution Professional has not filed any application for the preferential transaction as required under Section 43(1) of the Code. Hence, apparently while going through the petition and hearing of Ld. Counsels for both the parties, it is very much clear that the Adjudicating Authority on its own has recorded it a related party which is beyond the provisions contend in the Code either explicitly or implicitly.

No markup chargeable in case of pure reimbursement of expenditure by AE

May 21, 2022 6261 Views 0 comment Print

Capgemini India Pvt. Ltd. Vs DCIT (ITAT Mumbai) Facts- Assessee filed its return of income on 7 October 2010 declaring income of ₹113,19,82,875/-. As the assessee has entered into several international transactions, reference was made to the Learned Additional Commissioner of Income-Tax, Transfer Pricing, 1(3), Mumbai for determination of arm’s length price of those transactions. […]

CBDT Notification is pre-conditional for grant of Section 80IA(4) deduction

May 21, 2022 957 Views 0 comment Print

Salarpuria Properties Pvt. Ltd. Vs DCIT (ITAT Kolkata) Facts- The assessee has filed ROI on 9.10.2010 which was revised on 27.12.2010. The return was processed u/s 143(1) of the Act accepting the returned income. Thereafter the case of the assessee was selected under scrutiny and statutory notices were duly issued and served upon the assessee. […]

Deciding the termination of mandate of arbitrator via application u/s 11(6) is not possible

May 21, 2022 6027 Views 0 comment Print

In a case where there is a dispute/controversy on the mandate of the arbitrator being terminated on the ground mentioned in section 14(1)(a), such a dispute has to be raised before the “court”, defined under section 2(e) of the Act, 1996 and such a dispute cannot be decided on an application filed under section 11(6) of the Act, 1996.

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