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Better to Abolish Tribunals If Govt cannot Appoint Presiding Officer/Chairman In DRT/DRAT

February 13, 2022 1176 Views 0 comment Print

Canara Bank/Assets Recovery Mgmt. Branch Vs Debts Recovery Tribunal (Allahabad High Court) 1. Notices in Writ A No.682 of 2022 on behalf of respondent Nos.2 and 3 has been accepted by Mr.Amarjeet Singh Rakhra, Advocate and Mr. Rakesh Srivastava, Advocate respectively. learned Additional Chief Standing Counsel. Notices in Writ C No.692 of 2022 on behalf […]

Commissioner (A) has the power of remand: CESTAT

February 13, 2022 1650 Views 0 comment Print

Commissioner of Central Tax Vs Yahoo Services Development India Pvt. Ltd. (CESTAT Bangalore) We find that the appeals filed by the department is on two grounds, one is that the commissioner (A) has no power to remand and the other ground is that nexus between input services and services exported is not established. However, we […]

Contempt petition against Civil judge for disregarding the binding precedents

February 13, 2022 5595 Views 0 comment Print

Yogesh Waman Athavale Vs Vikram Abasaheb Jadhav (Bombay High Court) 1. The petitioner, by way of filing the present petition prays for initiating contempt proceedings against respondent No.1, who is Civil Judge, Junior Division and Judicial Magistrate First Class, Chiplun, District Ratnagiri, for allegedly disregarding the binding precedents of the Superior Courts. 2. The petitioner, […]

ITAT slams dept for addition against Loan taken by Assessee for further studies of daughter

February 13, 2022 948 Views 0 comment Print

Ganesh Balkrishna Bende Vs ITO (ITAT Pune) Here is a case in which a salaried person pooled his life­long endeavour for the further studies of his daughter. In such a panorama, a holistic approach needs to be adopted. When I consider the facts of the instant case as a whole, there remains no doubt whatsoever […]

Suicide by employee on allegations of work place stress – HC grants anticipatory bail to Director

February 13, 2022 3000 Views 0 comment Print

Dr. Surendra Manjrekar Vs State of Maharashtra (Bombay High Court) IN this case F.I.R. itself shows that the deceased was taking treatment for his stress management. He was disturbed and in the disturbed state of mind he had committed suicide. So, there is possibility that his commission of suicide was a result of his mental […]

Bogus Purchase: Disallowance may be restricted to the extent of profit embedded in such purchases

February 13, 2022 5064 Views 0 comment Print

ITO Vs Shree Deepak Banwarilal Agarwal (ITAT Surat) We find that during the assessment the AO made addition of 100% of purchases shown by the assessee from four parties which were managed by “PK Jain” and his group. The AO made addition on the basis of report of Investigation Wing about the search & seizure […]

Meghalaya Cement Cess Act, 2010 ultra vires the Constitution: HC

February 12, 2022 846 Views 0 comment Print

Meghalaya High Court held that State had no authority to impose cess in terms of the Meghalaya Cement Cess Act, 2010 and by annulling the Act as ultra vires the Constitution and requiring the State to refund 20 percent of the amount realized on such count from the individual petitioners to such petitioners

Superannuation not Absolve bank Employee from Misconduct: SC

February 11, 2022 1938 Views 0 comment Print

United Bank of India Vs. Bachan Prasad Lall (Supreme Court) The nature of allegation against the respondent employee was of fraudulently preparing nine credit transfer vouchers on various dates on the pretext of payment of interest towards fixed deposits and crediting the whole amount to one saving account opened in the name of one Smt. […]

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

February 11, 2022 3423 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 6984 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 […]

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