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Archive: 20 August 2022

Posts in 20 August 2022

IBC: Proceedings can be initiated u/s 66 during moratorium

August 20, 2022 2658 Views 0 comment Print

Held that contention that during moratorium imposed u/s 14 of IBC, Adjudicating authority shall not pass an order u/s 66 of IBC, is without any merit

Interest on convertible debentures are allowable expenditure

August 20, 2022 8778 Views 0 comment Print

Held that interest paid on convertible debentures are allowable as expenditure u/s. 36(1)(iii) of the Act. Such interest cannot be treated as interest on equity.

Addition u/s 68 unsustainable as credit worthiness and genuineness of loan established

August 20, 2022 2844 Views 0 comment Print

Held that assessee established identity of the creditors by bringing on record their PANs and complete addresses of the creditors. Hence addition u/s 68, without bringing out any adverse or cogent material to dispute the credit worthiness of the creditors and genuineness of the transactions, is unsustainable

Rebates and Reliefs of Income Tax Law

August 20, 2022 55326 Views 0 comment Print

Learn about the provisions of rebates and reliefs under the Income Tax Act in Chapter 8. Discover how these deductions can reduce your tax liability.

Physical Verification of Registered Office of Companies by ROC

August 20, 2022 5292 Views 0 comment Print

Stay compliant with the new MCA rules. Learn about the physical verification requirements for the registered office of companies.

Arbitration application u/s 11(6) not maintainable as barred by limitation

August 20, 2022 2739 Views 0 comment Print

Held that application u/s 11(6) for appointment of an arbitrator after the period of cause of action got extinguished is not maintainable

Capital receipt not become taxable for mere utilisation for incurring revenue expenditure

August 20, 2022 1770 Views 0 comment Print

Merely because a capital receipt is utilized for incurring revenue expenditure it will not change the nature of capital receipt into a revenue item.

Amount paid by Property Purchaser to Tenant can’t be taxed as gain of owner of capital asset

August 20, 2022 2532 Views 0 comment Print

Amount paid by the buyer to the tenant for the vacation of tenancy should not be taxed in the hands of the owner of the capital asset.

ITAT allows depreciation in respect of closed units or non-functional undertakings

August 20, 2022 2847 Views 0 comment Print

Once assets have been put to use, claim of depreciation allowance on said assets cannot be restricted. ITAT allows claim of depreciation in respect of closed units or non-functional undertakings

Arbitration clause doesn’t bar reference to MSE Facilitation Council

August 20, 2022 1149 Views 0 comment Print

Held that section 18 of MSMED Act and section 7 of A&C Act clarifies that dispute can be referred to Facilitation Council for conciliation and subsequent arbitration if required. Thus, arbitration clause in agreement would not bar reference of dispute to the Facilitation council

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