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Archive: 12 December 2023

Posts in 12 December 2023

Fast Track Mergers In India

December 12, 2023 5025 Views 0 comment Print

Explore streamlined process of fast-track mergers in India under Companies Act 2013. Eligibility, procedure, challenges, and recent amendments discussed for a clearer understanding.

Income Tax: Constitutional validity of sub-clause (xviii) to section 2(24) under challenge

December 12, 2023 4356 Views 0 comment Print

Explore the legal battle: Serum Institute of India vs Union of India (Bombay HC). Analysis of sub-clause (xviii) to section 2(24) and its constitutional validity.

Tax Recovery Procedures Must Adhere to Legal Standards: Delhi HC

December 12, 2023 1437 Views 0 comment Print

Explore the detailed analysis of Lovelesh Singhal Prop Shivani Overseas vs Commissioner case, where Delhi High Court emphasizes adherence to proper tax recovery procedures.

Unveiling the Secrets of a HUF: Formation, Benefits & Tax Implications

December 12, 2023 3840 Views 2 comments Print

Discover the simplicity of Hindu Undivided Family (HUF) formation, explore its tax advantages, and unleash the potential for estate planning and business benefits.

Denial of bail merely alleging that petitioner is Hawala Operator unjustified

December 12, 2023 1278 Views 0 comment Print

Delhi High Court granted the bail application in the extortion case concluding that merely because the petitioner has been alleged to be a Hawala Operator, the bail cannot be denied to him.

No reassessment beyond 4 years as assessee disclosed Agricultural Land sale in return during scrutiny assessment

December 12, 2023 3516 Views 0 comment Print

Reassessment initiated beyond 4 years was quashed as assessee had disclosed the information with regard to the sale of the agricultural land and all the particulars with regard to sale of agricultural land was disclosed before AO in full extent and there was no failure on the part of assessee with regard to providing material facts and the notice issued under Section 148 and 149 of the Act for re-opening assessment.

No addition of LTCG from sale of share as Explanation 7 of Section 9(1)(i) had retrospective effect

December 12, 2023 1116 Views 0 comment Print

Gains arising from sale of a share of a company incorporated overseas, which derives less than 50% of its value from assets situated in India would certainly not be taxable under section 9(1)(i) of the Act read with Explanation 5 thereto.

Court directed SEBI to provide required documents to minority shareholders of BNL

December 12, 2023 858 Views 0 comment Print

Bombay High Court held that minority shareholders of Bharat Nidhi Ltd. (BNL) are entitled to get documents related to proceedings by SEBI against BNL. Accordingly, directed to provide the same in terms of Courts order dated 23 October 2023.

Confiscation of silver jewellary alleging to be smuggled without any evidence unsustainable

December 12, 2023 978 Views 0 comment Print

CESTAT Kolkata held that confiscation of boondi silver and silver jewellary alleging it to be smuggled goods without any evidence to allege that these are third country origin is unsustainable in law.

ED summons relating to sand mining without an existence of proceeds of crime unjustified

December 12, 2023 795 Views 0 comment Print

Madras High Court held that ED is trying to fish out the possible commission of offence relating to sand mining without an existence of proceeds of crime. Accordingly, the enquiry contemplated by the impugned summons is not within the domain or within the authority of the respondent, as per Section 50 of the PMLA, 2002.

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