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Insolvency Resolution Process cannot be maintained against legal heirs of Personal Guarantor

February 11, 2022 3015 Views 0 comment Print

Bank of Baroda Vs Divya Jalan (NCLT Kolkata) When a section 95 application is filed the assets of the Personal Guarantor is hit by moratorium and if we put the legal heirs of the deceased Personal Guarantor into the shoes of the Personal Guarantor then their personal assets will also get automatically hit by moratorium, […]

8 Section/Sub section of Companies Act 2013 made applicable to LLP

February 11, 2022 4755 Views 0 comment Print

Notification under section 67 of LLP Act 2008- Central Government notifies that provisions of sections 90, 164, 165, 167, 206(5), 207(3), 252 and section 439 of the Companies Act, 2013, shall apply to limited liability partnership with modifications as provided with effect from 11th February 2022. MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 11th […]

Companies (Accounts) Amendment Rules, 2022

February 11, 2022 21117 Views 0 comment Print

Central Government notifies new FORM CSR-2- Report on Corporate Social Responsibility (CSR) and notifies rules 12(1B) and provided that Every company covered under the provisions of sub-section (1) to section 135 shall furnish a report on Corporate Social Responsibility in Form CSR-2 to the Registrar for the preceding financial year (2020-2021) and onwards as an […]

Section 1 to 29 of LLP (Amendment) Act 2021 applicable from 01.04.2022

February 11, 2022 9315 Views 0 comment Print

Central Government notifies applicability of sections 1 to 29 of Limited Liability Partnership (Amendment) Act, 2021 from 01st day of April, 2022. LLP amendment Act, 2021 which was notified on 13th August, 2021 have 29 Sections all these section are been made applicable from 01st April 2022. MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the […]

ROCs appointed as Adjudication officers under LLP Act 2008

February 11, 2022 696 Views 0 comment Print

Central Government notifies Appointment of Registrar of Companies (ROCs) as Adjudication officers under Limited Liability Partnership Act, 2008 (LLP Act 2008). MINISTRY OF CORPORATE AFFAIRS ORDER New Delhi, the 11th February, 2022 S.O. 622(E).—In exercise of the powers conferred by section 76A of the Limited Liability Partnership Act, 2008(6 of 2009), the Central Government hereby […]

Shri Ravi Mital takes charge as Chairperson of IBBI

February 11, 2022 453 Views 0 comment Print

Shri Ravi Mital took charge as Chairperson of Insolvency and Bankruptcy Board of India in New Delhi today. A 1986 batch Indian Administrative Service (IAS) officer of Bihar cadre, Shri Ravi Mital holds degrees of B.E. in Mechanical Engineering and M.Phil. in Environmental Science.

Once there is a failure of rules of natural justice, even if there is an alternative remedy, a writ is maintainable

February 10, 2022 1356 Views 0 comment Print

Polu Venkata Lakshmamma Vs The State of Andhra Pradesh (Andhra Pradesh High Court) Once there is a failure of rules of natural justice, even if there is an alternative remedy, a writ is maintainable. The law is well settled. Hence, the impugned order, dated 22.12.2020 as communicated by the endorsement dated 14.12.2021 is hereby set […]

CIT justified in disallowing depreciation on Plant & Machinery, Purchase of which was already treated as Bogus by AO

February 10, 2022 1140 Views 0 comment Print

Lahari Laminates Pvt. Ltd. Vs DCIT (ITAT Raipur) With reference to the first issue i.e. incorrect allowance of depreciation of Rs.59,45,940/- on bogus purchase of Plant & Machinery, the learned counsel for the assessee fairy submitted that where the A.O. has made disallowance on Plant & Machinery, it was permissible for the A.O. to disallow […]

Brokerage cannot be deducted from Capital Gain if Assessee not furnishes evidence of payment

February 10, 2022 14520 Views 0 comment Print

Smt. Preeti Rathi Vs ITO (ITAT Pune) The first issue raised herein is against not allowing deduction towards brokerage of Rs.80,000/- paid by the assessee at the time of purchase of the property in the computation of capital gain towards. The claim of the assessee is that she paid a sum of Rs.80,000/- as brokerage […]

Employees’ contribution paid before due date of filing of return of income u/s 139(1) is allowable deduction

February 10, 2022 2058 Views 0 comment Print

Maheshwari Woods Pvt. Ltd. Vs DCIT (ITAT Bangalore) Amended provisions of section 43B as well as 36(1)(va) of the I.T.Act are not applicable for the assessment years under consideration as these are applicable from assessment year 2021-2022. By following the binding decision of the Hon’ble jurisdictional High Court in the case of Essae Teraoka Pvt. […]

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