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Whether interim wages included in term ‘wages’ under ESI Act?

December 26, 2022 2259 Views 0 comment Print

A plain reading of the definition of Section 2(22) of the ESI Act makes it amply clear that wages means all remuneration paid or payable in cash to an employee, if the terms of the contract of the employment, expressed or implied, were fulfilled and includes other additional remuneration, if any, paid at intervals not exceeding two months.

Presumption of Constructive Notice – Transfer of Property Act, 1882

July 19, 2022 41457 Views 0 comment Print

Understanding the Presumption of Constructive Notice under the Transfer of Property Act, 1882. Know your rights as a property owner and the implications of notice.

Courts cannot modify any award decided by Arbitrator: SC

July 19, 2022 4407 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 1896 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 13044 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 4434 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 7527 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 8787 Views 0 comment Print

NCLT, Kolkata Bench, ruled that a guarantor who repays a principal borrower’s debt can initiate the Corporate Insolvency Resolution Process (CIRP) against them.

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

July 1, 2022 3471 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 39543 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 […]

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