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Investment made in other’s name not eligible for exemption u/s. 54B

November 11, 2022 2331 Views 0 comment Print

ITAT Chandigarh held that investment made in the name of the grandson is not eligible for exemption under section 54B of the Income Tax Act.

Notice not to be given to Personal Guarantor before appointment of IRP

November 10, 2022 2436 Views 0 comment Print

NCLT Amaravati held that no notice is required to be given to the Personal Guarantor at the stage of appointment of Interim Resolution Professional (IRP).

Income Tax section 269SS Violation not dismisses prosecution u/s 138 of Negotiable Instruments Act

November 10, 2022 4893 Views 0 comment Print

District Court New Delhi held that the prosecution u/s 138 of Negotiable Instruments Act, 1881 cannot be dismissed or stalled for non-compliance of Section 269 SS of the Income Tax Act. Such violation may give rise to an independent criminal offence, but, the prosecution of the accused for the alleged dishonour of cheque u/s 138 NI Act does not become bad in law.

Committee of Creditors empowered to decided coverage of related party transaction during CIRP

November 10, 2022 1782 Views 0 comment Print

NCLT Ahmedabad held that Committee of Creditors (CoC) has power to take commercial decision to undertake or not to undertake related party transaction during CIPR of Corporate Debtors. If in commercial wisdom the CoC has rejected the resolution for payment of salary to the Applicants, the question of reversing the decision cannot be considered.

Entertaining PIL on mere allegation not justifiable: SC

November 10, 2022 4089 Views 0 comment Print

Supreme court held that High Court cannot entertain Public Interest Litigations (PIL) which is based on mere allegations by the person who has not been able to fully satisfy his credentials.

Detention order set aside for supply of illegible/ dim/ blank pages of RUDs

November 10, 2022 975 Views 0 comment Print

Delhi High Court granted release from detention to detenu on the ground of supply of illegible/ dim/ blank pages of Relied Upon Documents (RUDs). Detention order set aside.

Regulation 114(4) of Company Secretaries Regulations, 1982 permits only candidates to challenge election of office bearers

November 10, 2022 639 Views 0 comment Print

Supreme Court held that as per regulation 114(4) of the Company Secretaries Regulations, 1982 election can be challenged by the candidate concerned. Hence, writ petition filed by the petitioner not contesting the election of office bearers to the High Court was wrongly entertained.

Application u/s 7 by Financial Creditor against Guarantor maintainable on default of Principal Borrower

November 10, 2022 1020 Views 0 comment Print

NCLAT Delhi held that Financial Creditors can invoke the proceedings under section 7 of the Insolvency and Bankruptcy Code, 2016 against the Guarantor, who on default of Principal Borrower transforms into Corporate Debtor

Reopening of assessment without assessee’s failure to disclose full and true material fact is unsustainable

November 10, 2022 987 Views 0 comment Print

ITAT Delhi held that reasons recorded for reopening of assessment u/s 147 of the Income Tax Act doesnt disclose that income has escaped assessment due to failure on the part of the assessee to disclose fully and truly all the material facts and hence assessment order passed thereon are quashed.

Assessment framed u/s 144 instead of section 153C liable to be quashed

November 10, 2022 2415 Views 0 comment Print

ITAT Mumbai held that assessment proceedings were initiated on the basis of search operation carried out at third party wherein incriminating documents relating to assessee were allegedly found. Hence, assessment was required to be framed u/s 153C read with section 153A of the Income Tax Act and not u/s 144 and hence the said proceedings are quashed.

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