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Forex derivative transaction for hedging the foreign currency risk is not speculative transaction

August 13, 2022 1698 Views 0 comment Print

Held that the assessee entered into forex derivative transaction with the ICICI Bank to hedge the foreign currency risk involved in the transaction. Thus, expenses claimed were revenue in nature as the derivative transaction entered into by the assesse was not in the nature of speculative transaction.

Life membership/ entrance fees is capital receipt

August 13, 2022 6261 Views 0 comment Print

Held that fees like entrance fees as well as life membership are part of the corpus fund and accordingly are in the nature of capital receipt.

Replacement of machinery parts is revenue expenditure

August 13, 2022 4659 Views 0 comment Print

ITAT Held that replacement of parts of an existing machinery in the course of their working will be a revenue expenditure.

Addition of opening balance of unsecured loan u/s 68 is unsustainable

August 13, 2022 4197 Views 0 comment Print

ITAT Held that addition on the basis of the opening balance of unsecured loan treating the same as current year transaction by invoking section 68 of the Income Tax Act is unsustainable.

TDS not deductible on payment for usage of rights for internet/ telecom facility

August 12, 2022 54132 Views 0 comment Print

Held that payment made for usage of rights for the internet and telecom facility doesn’t fall in the nature of work defined u/s 194C and hence TDS not deductible.

Provisions of section 143A of NI Act are directory not Mandatory

August 11, 2022 65526 Views 0 comment Print

Ashwin Ashokrao Karokar Vs Laxmikant Govind Joshi (Bombay High Court) Held that the provisions of section 143-A of the Negotiable Instruments Act, 1881 are directory and not mandatory as a discretion was conferred upon the Court, to either grant or not to grant interim compensation. Facts- The respondent/Complainant filed proceedings u/s. 138 of NI Act, […]

Liability u/s 138 or 141 of NI Act arises on person who is responsible for conduct of business

August 10, 2022 15990 Views 0 comment Print

Held that the liability under Section 138/141 of the NI Act arises from being in charge of and responsible for the conduct of the business of the company at the relevant time when the offence was committed, and not on the basis of merely holding a designation or office in a company.

Penalty u/s 271F leviable for failure to furnish AIR

August 10, 2022 795 Views 0 comment Print

Held that penalty u/s 271F leviable as the assessee being a co-operative bank failed to furnish annual information annual information return

Insolvency resolution proceedings rightly initiated against NRI personal guarantor

August 10, 2022 2175 Views 0 comment Print

Held that the provision under Section 60(1) makes it clear that the residence of Personal Guarantor is not taken into consideration when insolvency resolution proceedings against the Personal Guarantor are initiated.

Intention to refer to arbitration should be emphasized in case of vague arbitration clause

August 10, 2022 3537 Views 0 comment Print

Held that intention of the parties to have their disputes arbitrated and that the same is paramount even where the dispute resolution clauses are vaguely worded or where there is an ambiguity in choice of the mechanism to be adopted.

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