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Archive: 07 November 2022

Posts in 07 November 2022

Educational expense of daughter is purely personal in nature despite her pursuing fathers profession

November 7, 2022 1074 Views 0 comment Print

ITAT Ahmedabad held that expenditure incurred for education of the daughter, who pursued the very same profession in which the father was, doesn’t make the same business expenditure. Father was morally bound to spend on the education of his daughter and hence the same is personal expenditure.

Penalty u/s 271(1)(c) unsustainable as issue already decided in assessee’s favour

November 7, 2022 609 Views 0 comment Print

ITAT Delhi held that penalty under section 271(1)(c) of the Income Tax Act unsustainable as claim of deduction u/s. 80IA(4) already decided in favour of the assessee.

Provisions of section 68 cannot be invoked for entries duly explained

November 7, 2022 1632 Views 0 comment Print

ITAT Bangalore held that for invoking the provisions of unexplained cash credit u/s 68 there has to be entries in the books of account for which no explanation should have been offered. As the declaration provided by the assessee is self-explanatory the provisions of section 68 cannot be invoked.

Promissory Estoppel not applicable to a policy decision with respect to additional license which is an incentive: SC

November 7, 2022 774 Views 0 comment Print

Honble Supreme Court held that the doctrine of promissory estoppel shall not be applicable to a policy decision with respect to incentive, when it is well within the right of DGFT/appropriate authority/Union to come out with a new Exim Policy.

Banks cannot be directed to grant benefit of Onetime Settlement Scheme under Article 226: SC

November 7, 2022 1065 Views 0 comment Print

Supreme Court held that no borrower can, as a matter of right pray for a grant for the benefit of one­time settlement scheme and writ of mandamus cannot be issued by the High Court in exercise of Article 226 of the Constitution of India, directing the financial institution/bank to positively grant a benefit of OTS to a borrower.

Bribe Giver is a Party to “Proceeds of Crime” under PMLA: Supreme Court

November 7, 2022 1698 Views 0 comment Print

Hon’ble Supreme Court held that by handing over money with the intent of giving bribe, such person will be assisting or will knowingly be a party to an activity connected with the proceeds of crime under Prevention of Money Laundering Act, 2002.

Clearance of rice consignments handed over to Customs before Notification No. 31/2015-2020

November 7, 2022 819 Views 0 comment Print

Condition (iii) of Para-2 of Notification No. 31/2015-2020 dt. 08.09.2022 has been amended with immediate effect so as to provide clearance to such rice consignments held up in CFS which had been handed over to the Container Freight Station (CFS) before this Notification.

DGFT amends Policy Condition of ITC (HS), 2022- Implementation of CIMS

November 7, 2022 960 Views 0 comment Print

The importer can apply for registration not earlier than 60th day and not later than 5 days before the expected date of arrival of import consignment.

MCA imposes penalty for not filing Annual Return on Company & Directors

November 7, 2022 1380 Views 0 comment Print

Order for penalty for violation of section 92 of the Companies Act,2013 with respect to Magadh Spun Pipe Limited Company is in default for filing its Annual Return for the financial year end 31.03.2019 and 31.03.2020 with the office of Registrar of Companies, Patna. Provisions of Section 92 of the Companies Act, 2013 has been […]

Application under Section 11(6) cannot be dismissed on the pendency of proceedings before the NCLT: Supreme Court

November 7, 2022 1275 Views 0 comment Print

Honble Supreme Court held that the application under Section 11(6) of the Arbitration and Conciliation Act, 1996 cannot be dismissed on the pendency of proceedings before the National Company Law Tribunal (NCLT) initiated by the respondent for various acts of oppression and mismanagement as a minority shareholder.

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