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Archive: June, 2022

Posts in June, 2022

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

June 18, 2022 1473 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 582 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 26898 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 1386 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 660 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 […]

Transfer Sought by Wife cannot be denied for Inconvenience of Husband’s POA Holder

June 18, 2022 1566 Views 0 comment Print

Inconvenience of power of attorney holder (whether he is male or female) is not a reason to deny transfer sought for by the wife.

GST on Royalty on Mining: Allahabad HC directs Assessee to Reply to SCN

June 18, 2022 1026 Views 0 comment Print

Petitioner contended that in terms of the provisions contained in Goods and Service Tax Act no goods and services tax is leviable on the amount of royalty paid for undertaking mining operations in respect of minor minerals.

How to read tax judgements

June 18, 2022 3894 Views 0 comment Print

Learn how to read tax judgements like a pro. Get tips and advice for navigating complex legal documents and understanding their contents.

Revival of Company from Strike Off | Procedure | NCLT | Application |

June 18, 2022 5406 Views 0 comment Print

Learn how to revive a company that has received a strike off notice. Understand the procedure and requirements for filing an application to NCLT.

Madras HC directs dept to follow SC Judgment in UOI Vs. Ashish Agarwal

June 18, 2022 3150 Views 0 comment Print

Giant Construction Company Vs DCIT (Madras High Court) The petitioner assails the communication dated 21.04.2022 by which the objections raised by the petitioner to the reopening of the assessment were rejected. The petitioner asserts that the impugned communication is in contravention of the amended Section 148-A of the Income Tax Act, 1961. Upon the insertion […]

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