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Section 7 IBC- Action can be taken against Corporate Guarantor for Loan to Non-Corporate principal borrower: SC

March 26, 2021 10929 Views 0 comment Print

Laxmi Pat Surana Vs Union Bank of India (Supreme Court) The fact that the principal borrower had availed of credit/loan and committed default and that the (corporate) guarantor/corporate debtor had offered guarantee in respect of the loan account is not disputed. What is urged by the appellant is that the acknowledgment of liability to pay […]

No Penalty for mere change in nature of Loss from Business to Speculative

March 26, 2021 1164 Views 0 comment Print

Af-taab Investment Company Ltd. Vs ACIT (ITAT Mumbai) In this case the assessee had a bonafide belief that the loss suffered by it is business loss. The change of nature of loss from business loss to speculative loss was not enough to impose penalty on the assessee. Therefore, we are inclined to delete the penalty […]

Delhi HC explains principles for initiation of Section 147 proceedings

March 26, 2021 2688 Views 0 comment Print

Synfonia Tradelinks Pvt Ltd Vs ITO (Delhi High Court) Delhi HC explains certain well-established principles enunciated by the courts over the years vis-à-vis initiation of proceedings under Section 147 of the Act. (i) The reasons which lead to the formation of opinion or belief that the assessee’s income chargeable to tax has escaped assessment should […]

Section 41(1) not applicable to Advance for bookings not claimed as allowance or deduction

March 25, 2021 4086 Views 0 comment Print

ACIT Vs Sunderdeep Construction Pvt. Ltd (ITAT Indore) On perusal of the finding of Ld. CIT(A) as well as the facts narrated before us along with the documentary evidences it is predominantly clear that the alleged amount of bogus creditors are not in the form of sundry creditors. These amounts are advances against booking of […]

Lottery is Gambling & requiring no skill and cannot attain the status of Trade

March 25, 2021 1440 Views 0 comment Print

Big Star G Services LLP Vs State Of Arunachal Pradesh (Gauhati High Court) Lottery includes gambling as an element of chance which requires no skill and as held by the Apex court it would not attain the status of trade like other trades or become res commercium. Accordingly, the petitioner has no right to invoke […]

Non refundable amount received in the course of Business can be treated as Income

March 25, 2021 5634 Views 0 comment Print

Hothur Traders Vs ACIT (ITAT Bangalore) In the present case, the assessee had received the amount in the course of its business, which are originally treated as an advance. These deposits neither claimed nor returned to the party concerned. There is no dispute that this impugned amount was received in the course of carrying on […]

Siphoning of Company Funds | Rockland Hospitals Case | HC refuses to Grant Bail

March 25, 2021 6522 Views 0 comment Print

Prabhat Kumar Srivastava Vs SFIO (Delhi High Court) FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. The applicant, vide the present application seeks the grant of regular bail in complaint No. 149/2020 pending before the learned Special Judge, Companies Act, Dwarka District Courts in the complaint titled as ‘Serious Fraud Investigation Officer (SFIO) […]

NCLT has limited jurisdiction in approval of resolution plan under IBC: SC

March 24, 2021 8376 Views 0 comment Print

Jaypee Kensington Boulevard Apartments Welfare Association & Ors. Vs. NBCC (India) Ltd. & Ors. (Supreme Court ) For what has been discussed and held on the relevant points for determination, our findings and conclusions are as follows: A. The Adjudicating Authority has limited jurisdiction in the matter of approval of a resolution plan, which is […]

HC explains principles for allowability of Foreign Currency Fluctuation loss

March 24, 2021 3606 Views 0 comment Print

(i) whether the system of accounting followed by the assessee is the mercantile system, which brings into debit the expenditure amount for which a legal liability has been incurred before it is actually disbursed and brings into credit what is due, immediately it becomes due and before it is actually received; (ii) whether the same system is followed by the assessee from the very beginning and if there was a change in the system, whether the change was bona fide;

CBIC Notifies Rate of Exchange of Turkish Lira wef 25.03.2021

March 24, 2021 588 Views 0 comment Print

CBIC notifies Rate of Exchange of Turkish Lira against India Rupees wef 25th March, 2021, vide Notification No. 32/2021-Customs (N.T.), Dated: 24th March, 2021. Government of India Ministry of Finance (Department Of Revenue) (Central Board Of Indirect Taxes And Customs) New Delhi Notification No. 32/2021 – Customs (N.T.) Dated the 24th March, 2021 In exercise […]

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