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Analysis of Section 11 To 12AB & Rule 17A Application for Registration

April 16, 2022 5205 Views 0 comment Print

Learn about the application process and time limits for registration under Sections 11 and 12AB for a Public Trust.

NI ACT – Section 143A Applicable from Perspective Effect or Retrospective?

April 15, 2022 42576 Views 0 comment Print

A negotiable instrument is a piece of paper that entitles a person to pay a sum of money that is transferable from one person to another by endorsement and delivery. The main objective before introducing the Negotiable Instrument Act, 1881 is to legalize the system under which these instruments can deliver from one person to another the same as that of ordinary goods.

Whether mere endorsement of Bank “payment stopped” sufficient to entertain complaint u/s 138 of NI Act?

April 14, 2022 22287 Views 0 comment Print

The offence is said to be committed under Section 138 of the NI Act, only when he fails to pay the debt within 15 days and such person shall be punishable with imprisonment for a term which may be extended to two years, or with a fine which may extend to twice the amount of the cheque, or with both.

Impact of Waiver of Loan or Liability on Depreciation Claim

April 13, 2022 3384 Views 0 comment Print

ISSUE FOR CONSIDERATION When a loan taken for acquiring a depreciable capital asset or a part of the purchase price of such capital asset is waived in a year subsequent to the year of acquisition, an issue that arises with respect to waiver of loan or part of the purchase price is whether the depreciation […]

Operational creditor includes a purchaser of goods & services: SC

April 13, 2022 711 Views 0 comment Print

Apex Court, in the case of Consolidated Construction Consortium Limited vs. Hitro Energy Solutions Private Limited, was seized of the following legal questions: 1. Whether the Appellant is an Operational Creditor under the Code even though it was a ‘purchaser’; 2. Whether the Respondent took over the debt from the Proprietary Concern; and 3. Whether the application under Section 9 of the Code is barred by limitation.

Compensation for same accident cannot be claimed under two Acts

April 13, 2022 8850 Views 0 comment Print

R. Geethabanu vs. Government of Tamil Nadu (Madras High Court, Madurai Bench) The Madras High held that the aggrieved person cannot file claim petitions both under the Motor Vehicles Act ,1988 as well as the Workmen Compensation Act,1923  in respect of the very same accident. The court also held that previous decisions of various High […]

A ‘Going Concern Sale’ on an ‘As is Where Basis’ Means Sale of Both Assets & Liabilities

April 12, 2022 10812 Views 0 comment Print

A ‘going concern sale’ on an ‘as is where basis’ does not dissolve the corporate debtor, rather, it forms a part of the liquidation estate wherein the entire business, including assets and liabilities, including all contracts, licences, concessions, agreements, benefits, privileges, rights, or interests, is transferred to the purchaser. Therefore, it was concluded that the sale of a company as a ‘going concern’ means sale of both its assets and liabilities if it is stated on ‘as is where is basis’.

A Debt Not Being Part of Resolution Plan Would Not Be Legally Actionable

April 12, 2022 2187 Views 0 comment Print

SC held that once the resolution plan was approved, all claims stood frozen and a claim which did not form a part of the final resolution plan would not be legally actionable.

Tax savings through HUF

April 10, 2022 9675 Views 1 comment Print

HUF is a creation of law and cannot be created by the act of parties, except in the case of adoption by member of HUF. HUF is a separate legal entity as per section 2(31) of the Income Tax Act and therefore, as long as the HUF is in existence, no individual member can be separately assessed in respect of its income. [ITO vs. Bachu Lal Kapoor (1966) 60 ITR 74 (SC)].

Concept of ‘Safe Harbour Rules’ under Income Tax Act 1961

April 10, 2022 43683 Views 1 comment Print

As you are aware that, it is duty of every citizen whether human or corporate to pay applicable taxes levied by Government of India. These taxes are necessary for development and social welfare of the citizens. Government of each country depends on taxes paid by their citizens and formulate its expenditure for welfare, hospitality, social […]

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