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Archive: 20 January 2025

Posts in 20 January 2025

Bodily Injuries Not Required to Prove Sexual Assault; Victims React Differently to Trauma: SC

January 20, 2025 330 Views 0 comment Print

The Supreme Court rules that bodily injuries are not necessary to prove sexual assault, emphasizing varied victim responses to trauma. Acquittal granted on merit.

Resolution professional free to participate in fresh process after rejection of plan by CoC

January 20, 2025 189 Views 0 comment Print

NCLAT Delhi held that resolution professional whose resolution plan was once rejected by the Committee of Creditors [CoC] is free to participate in fresh process initiated by fresh Form G for inviting Expression of Interest.

No power to Designated Authority to reopen concluded cases under Vivad se Vishwas Act

January 20, 2025 912 Views 0 comment Print

There was no provision under the DTVSV Act that empowered a Designated Authority to reopen a concluded settlement. Once a final certificate was issued under Section 5(1), all disputes with regard to the ‘tax arrear’ stood concluded.

Denial of FTC as income not offered to tax in the considered year not justifiable

January 20, 2025 315 Views 0 comment Print

ITAT Ahmedabad held that denial of Foreign Tax Credit [FTC] on the ground that corresponding income has not been offered for tax in the year under appeal is not justifiable. Accordingly, FTC allowed.

New President and Vice President of ICSI

January 20, 2025 1847 Views 0 comment Print

CS Dhananjay Shukla is elected as President and CS Pawan G Chandak as Vice President of the Institute of Company Secretaries of India (ICSI) for the year 2025.

VAT tax liability based on Form F containing forged signature of deceased petitioner not tenable

January 20, 2025 171 Views 0 comment Print

Madras High Court held that VAT tax liability imposed on deceased petitioner and his wife based on Form F containing forged signature of deceased petitioner and his wife is liable to be set aside. Accordingly, petition allowed.

NCLT cannot exercise jurisdiction over matters dehors insolvency proceedings: NCLAT Delhi

January 20, 2025 420 Views 0 comment Print

Hon’ble Supreme Court in the case of Gujarat Urja Vikas Nigam Ltd. has held that the NCLT cannot exercise its jurisdiction over matters dehors the insolvency proceedings since such matters would fall outside the realm of IBC.

Conversion of Debt to Equity Meets Section 43B Payment Criteria: Telangana HC

January 20, 2025 612 Views 0 comment Print

Telangana HC’s ruling in Frontier Information Tech clarifies debt-to-equity conversion as “actual payment” under Section 43B of the Income Tax Act.

Penalty u/s. 10(d) of CST Act without mens rea untenable: Allahabad HC

January 20, 2025 123 Views 0 comment Print

Allahabad High Court held that imposition of penalty under section 10(d) of the Central Sales Tax Act [CST Act] in absence of mens rea is untenable in law. Accordingly, order of penalty is liable to be quashed.

Creating Employment in India, Indeed a Value Employment

January 20, 2025 225 Views 0 comment Print

Explore India’s declining employment elasticity and the impact of automation and labor laws on job creation. Focus on jobs rather than GDP growth for progress.

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