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Employee cannot claim condonation of interruption of services to enhance their pension: SC

May 7, 2022 3363 Views 0 comment Print

Having regard to the term of service of the petitioners, they had qualifying service, making them eligible for pension as per the Pension Rules. Petitioners are thus not entitled to claim the condonation of the interruption in their services to enhance their pension.

Section 188- Related Parties- Bar of Voting Operates Only At the Time of Entering Into Contract Or Arrangement

May 7, 2022 1707 Views 0 comment Print

Bar of voting as per Section 188 of the Companies Act, 2013 on related parties operated only at the time of entering into a contract or arrangement,

HC allows Personal Guarantors to submit representation to IRP  

May 7, 2022 1269 Views 0 comment Print

Ramesh Chander Agarwala Vs State Bank of India (NCLAT Delhi) It is true that in Ravi Ajit Kulkarni’s case this Tribunal has in paragraph 44 of the Judgment has laid down that limited notice by the Adjudicating Authority also be given to the Personal Guarantors. In the preset case, although no limited notice as contemplated […]

HC dismisses writ petition for availability of alternative remedy; Impost cost on Advocate for Rude Behaviour in Court

May 7, 2022 996 Views 0 comment Print

HC held that we are not inclined to entertain this writ petition and the same is accordingly dismissed without going into the merit of the assessment only on the ground of availability of the alternative remedy. This writ petition is dismissed with costs of Rs. 10,000/- upon Mr. Somak Basu, learned Advocate because of his rude behavior in Court and addressing to the chair in highly disrespectful manner.

IBC – Moratorium Applies Only to Corporate Debtor & not to Director: SC

May 7, 2022 3000 Views 0 comment Print

Narinder Garg Vs Kotak Mahindra Bank Ltd. (Supreme Court) In P. Mohanraj & Others v. Shah Brothers Ispat Private Limited, (2021) 6 SCC 258, a Bench of three-Judges of this Court considered the matter whether a corporate entity in respect of which moratorium had become effective could be proceeded against in terms of Sections 138 […]

Section 263 Revision order cannot be passed on ground not forming part of CIT Notice

May 7, 2022 2478 Views 0 comment Print

PCIT Vs Universal Music India Pvt. Ltd. (Bombay High Court) Notice under Section 263 was issued by CIT on two issues, namely, (a) disallowance of Fringe Benefit Tax (FBT) paid of Rs.10,72,532/- included in miscellaneous expenses and not allowed by the Assessing Officer and (b) provision of Rs.1,40,98,685/- in respect of slow moving and absolete […]

Bombay HC allows filing of TRAN-1 & TRAN-2 Form manually

May 7, 2022 2133 Views 1 comment Print

Ashoka Buildcon Ltd. Vs Union of India (Bombay High Court) HC held that Petitioners are allowed to file and correct TRAN-1 and TRAN-2 Form. In case it is not possible to file the same online, it shall be filed manually. FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT 1 In all these matters, the […]

Reopening cannot be proposed on the basis of change of opinion

May 7, 2022 642 Views 0 comment Print

Lokhandwala Construction Industries Private Limited Vs DCIT (Bombay High Court) Once a query is raised during assessment proceedings and assessee has replied to it, it follows that the query raised was a subject matter of consideration of the Assessing Officer while completing the assessment. It is not necessary that an assessment order should contain reference […]

Release Seized Goods on receipt of Bank Guarantee – HC directs GST Dept

May 7, 2022 1740 Views 0 comment Print

Tvl. Asian Paints Limited Vs Assistant Commissioner (ST) (Madras High Court) This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the first respondent herein to accept the bank guarantee equivalent to the disputed penalty amount of Rs.25,86,662/- in accordance with the provisions of Section 129(1)(c) of the CGST Act, […]

ITAT remands matter back to CIT(A) to grant one final opportunity to assessee

May 7, 2022 735 Views 0 comment Print

Plutus Industries Pvt. Ltd. Vs ITO (ITAT Delhi) We find the Assessing Officer in the instant case made addition of Rs.1,36,39,191/- u/s 68 of the Act in respect of unsecured loan obtained by the assessee from three directors on the ground that the assessee failed to substantiate with evidences to his satisfaction regarding creditworthiness of […]

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