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Archive: November, 2022

Posts in November, 2022

Handling of Clients’ Securities by Trading Members(TM)/Clearing Members (CM)

November 11, 2022 3582 Views 0 comment Print

Securities and Exchange Board of India Circular No. SEBI/HO/MIRSD/MIRSD-PoD-1/P/CIR/2022/153 Dated: November 11, 2022 To, All Depositories All Recognized Stock Exchanges All Recognized Clearing Corporations Madam / Sir, Sub: Handling of Clients’ Securities by Trading Members(TM) / Clearing Members (CM) 1. In order to protect clients’ funds and securities and to ensure that the Stock Broker segregates securities […]

Consultation paper on protection of public equity shareholders in case of listed companies undergoing CIRP

November 11, 2022 1950 Views 0 comment Print

Consultation Paper Framework for protection of interest of public equity shareholders in case of listed companies undergoing Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code (IBC)

HC clarified procedure for transfer of ownership in any Society flat post death of owner wherein there is a nomination made by deceased owner 

November 11, 2022 63111 Views 1 comment Print

HC clarified the procedure for transfer of ownership in any Society flat post death of any owner wherein there is a nomination made by the deceased owner.

SC Ruling Upholding Valuation of Property in Court Monitored Public Auction

November 11, 2022 7674 Views 0 comment Print

hether Registrar while registering any immovable property ,the value of which has been determined in a court monitored public auction can apply the provisions of Section 47A of the Indian Stamp Act (West Bengal Amendment) Act, 1990 to allege undervaluation of the property and demand higher stamp duty?

Amendment to section 129E incorporating mandatory pre-deposit is constitutionally valid

November 11, 2022 1077 Views 0 comment Print

Bombay High Court held that section 129E of the Customs Act was amended on 1st October 2014 incorporating mandatory requirement of pre-deposit is constitutionally valid and cannot be held to be unreasonable, onerous, unfair or discriminatory.

SEBI (Prohibition of Insider Trading), Regulations, 1992

November 11, 2022 7362 Views 0 comment Print

Uncover the regulations surrounding insider trading and the prohibition of using confidential information for personal gain in the securities market.

Perquisite and TDS will be computed based on fair market value determined by merchant banker

November 11, 2022 3309 Views 0 comment Print

ITAT Mumbai held that as per rule 3(8)(iii) fair market value of any equity shares on the date of exercising option by the employee shall be determined by a merchant banker. Accordingly, quantum of perquisite and TDS liability will be worked on the said basis.

Addition based on PEN drive data without checking its veracity is unsustainable

November 11, 2022 4038 Views 0 comment Print

ITAT Jaipur held that addition solely on the basis of PEN drive found during the search proceedings, without checking the veracity/ reliability of the data recorded in the PEN drive, is unsustainable in law.

Disallowance u/s 14A cannot exceed exempt income amount

November 11, 2022 1584 Views 0 comment Print

ITAT Mumbai held that disallowance under section 14A of the Income Tax Act read with rule 8D cannot be more than the quantum of exempt income.

Rule of consistency needs to be followed by the department

November 11, 2022 3243 Views 0 comment Print

ITAT Mumbai held that as expenses are not specifically disputed; books of accounts admitted to be correct and payments made through banking channel, disallowing the expenses at whims and fancies is unsustainable in law. Department is required to follow the rule of consistency.

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