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Archive: 18 June 2022

Posts in 18 June 2022

Arbitration & SARFAESI Act Proceedings can be Resorted Simultaneously

June 18, 2022 5739 Views 0 comment Print

Om Prakash Kumawat Vs Rekha Kumawat (Rajasthan High Court) In case of Indiabulls Housing Finance Limited , the Apex Court, after appreciating Sections 35 & 37 of the SARFAESI Act, held that arbitration proceedings and proceedings under the SARFAESI Act can be resorted to simultaneously Contention of learned counsel for the petitioners that in view […]

Procedure for Voluntary Liquidation of Company Under IBC, 2016

June 18, 2022 3399 Views 0 comment Print

Central Government vide its notification introduced in 2017 notified Section 59 of Insolvency and Bankruptcy Code. Prior to the commencement of Insolvency and Bankruptcy Code, 2016, the Voluntary Liquidation was governed under the Companies Act, 1956

ITC- Limitations on availement

June 18, 2022 4476 Views 1 comment Print

Understanding ITC limitations under GST: Learn about who can and cannot take credit for input tax charged on goods and services used in business.

Rights of Taxpayers In India

June 18, 2022 3672 Views 0 comment Print

Human rights and taxes today have an obvious and unmistakable connection, with human rights having a tangible and formal impact on many aspects of the tax relationship.

Precautions to be taken by Non-resident Indians while disposing their house property in India

June 18, 2022 1176 Views 0 comment Print

Important precautions for Non-resident Indians selling property in India. Understand the rules and regulations to avoid legal complications and taxes.

Direct Appointment of Arbitrator cannot be asked If Agreement Provides For Pre-Arbitration Reference to A Competent Authority

June 18, 2022 1227 Views 0 comment Print

Court held that a party cannot directly seek the appointment of the arbitrator when the agreement provides for pre-arbitration reference to some authority.

State Cannot Claim Preference over secured Assets for recovery of Tax Dues

June 18, 2022 357 Views 0 comment Print

State cannot claim preference over the subject property for the purpose of recovery of the dues towards tax. It is not in dispute that the first charge was created in favour of the bank and the bank in exercise of its powers under the SARFAESI Act, put the subject property to auction.

Bail cannot be denied merely because petitioner alleged to be habitual offenders or have criminal antecedents

June 18, 2022 24882 Views 0 comment Print

Injamam Shariff Vs State By Kengeri Police (Karnataka High Court) It is not in dispute that on theft of phone, a complaint is registered against unknown persons with an allegation that a mobile phone was snatched from the hands of the complainant. The petitioner is arrested along with one another after a week and sent […]

Bank not responsible for dishonour of cheque issued by its Customer

June 18, 2022 1068 Views 0 comment Print

The bank is only the custodian of the money of the customers and has to comply with the instructions of such customers. In case of insufficiency of funds, the bank is only to report the same and as such, cannot by any stretch of the imagination be liable for any act of the customer who has issued the cheque which was later dishonoured.

Cash Deposit from unknown sources during Demonetization – ITAT upheld Addition

June 18, 2022 438 Views 0 comment Print

Sneha Nerli Vs ITO (ITAT Bangalore) We are of the opinion that assessee has to prove with evidences that sufficient cash was available to deposit to her bank account. In the present case, assessee claimed that she has been working in Dubai and that the cash deposit in India were on account of amounts earned […]

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