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Courts cannot modify any award decided by Arbitrator: SC

July 19, 2022 4128 Views 0 comment Print

Courts do not have the power to modify any award decided by the Arbitrator under Sections 34 and 37 of Arbitration and Reconciliation Act, 1996 – Supreme Court

RBI cannot reject remittance on whimsical & arbitrary reasons

July 11, 2022 1641 Views 0 comment Print

Power of RBI to withhold remittance to be made under Automatic route to Wholly owned Subsidiary cannot be used to reject the remittance on whimsical and arbitrary reasons.

IBC proceedings cannot dilute rights of Income Tax Depat to reopen assessment

July 2, 2022 12102 Views 0 comment Print

The Madras High Court rules that IBC proceedings cannot affect the rights of the Income Tax Department to reopen assessments.

13 years delay in adjudication of Show Cause Notice is not proper & legal

July 2, 2022 3987 Views 0 comment Print

Find out why delaying the adjudication of Show Cause Notices for 13 years is not just, proper, or legal. Learn more about this legal issue in our blog post.

SC on Services Tax Exemption on man power or job work services

July 2, 2022 5979 Views 0 comment Print

Whether services provided are man power services or job work services so as to be exempted under the relevant notifications issued under Finance Act, 1994.

Under ‘Right of Subrogation’ Guarantor is entitled to Initiate CIRP against Principal Borrower

July 1, 2022 8310 Views 0 comment Print

NCLT held that if a Guarantor pays the debt on behalf of the Principal Borrower, then it steps into the shoes of the Creditor and can initiate Corporate Insolvency Resolution Process (CIRP) again the principal borrower. 

Insurance Company cannot Raise delay as A Ground for Repudiation: SC

July 1, 2022 2958 Views 0 comment Print

Saurashtra Chemicals Ltd. Vs. National Insurance Co. Ltd  (Supreme Court) BRIEF FACTS: 1. The appellant purchased a standard fire and special perils policy from the respondent National Insurance Company Ltd. thereby insuring the risk of loss/damage to the stock of coal and lignite stored in its factory compound. 2. An additional premium was paid by […]

Taxability of Capital Gain on Transfer of Agricultural Land

June 27, 2022 36573 Views 1 comment Print

As you are aware that Capital Gain Tax is charged on transfer of Capital Assets under provisions of Section 45 to 55A of the Income Tax Act, 1961. The main ingredients of Capital Gain Tax are ; 1. There should be a Capital Assets means property of any kind held by an assessee whether or […]

Period of limitation for execution of foreign decrees shall be governed by law of reciprocating territory: SC

June 25, 2022 2148 Views 0 comment Print

SC held that The period of limitation shall be governed by the Act and not by Section 44A of the CPC,  since the latter provides only for the procedure to be followed for executing a foreign  decree

Specific Risks – Insured cannot take Advantage by double Insurance: SC

June 25, 2022 1548 Views 0 comment Print

SC held that In Case Of Specific Risks, such as those arising from loss due to fire etc. , the Insured Cannot profit and take advantage by double Insurance. 

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