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Provisional bank account attachment during pendency of Section 67 search proceedings – SC stays Gujarat HC decision

November 16, 2020 1842 Views 0 comment Print

Supreme Court has stayed the Gujarat High Court decision in the case of Kushal Ltd. v. Union of India, wherein the High Court had set aside the provisional attachment of the bank account of the assessee observing that there was absence of pendency of any proceedings under Section 62, 63, 64, 67, 73 or 74 of the CGST Act, 2017.

Bank can institute/continue with proceedings against a Guarantor under SARFAESI despite IBC proceedings against Principal Borrower

November 14, 2020 13725 Views 0 comment Print

Kiran Gupta Vs State Bank of India & Anr. (Delhi high Court) Whether a Bank/Financial Institution can institute or continue with proceedings against a Guarantor under the SARFAESI Act, when proceedings under the IBC have been initiated against the Principal Borrower & the same are pending adjudication? Section 128 of the Contract Act provides that […]

Section 68 Addition for Share Capital unjustified if Creditworthiness Proved

November 13, 2020 7527 Views 0 comment Print

Sanmin Trading & Holding Pvt. Ltd. Vs ITO (ITAT Kolkata) The issue under consideration is whether addition made u/s 68 on the ground that the share capital received is seen not a genuine credit is justified in law? ITAT states that section 68 of the Act provides that if any sum found credited in the […]

GST on conservancy service to Defence establishments

November 13, 2020 14886 Views 0 comment Print

In re Lokenath Builders (GST AAR West Bengal) The applicant‟s supply to Bagrakot Military Station and Sukna Military Station, as described in para 3.5, is exempt from the payment of GST under Sl No. 3 of Notification No. 12/2017 – Central Tax (Rate) dated 28/06/2017 (corresponding State Notification No. 1136 – FT dated 28/06/2017), as […]

Complemented Assessment cannot be reopened U/s. 147/148 on Borrowed Satisfaction

November 12, 2020 11898 Views 0 comment Print

Hitesh Ashok Vaswani Vs DCIT (ITAT Ahmedabad) The power to reopen a completed assessment under Section 147 of the Act has been bestowed on the Assessing Officer, if he has reason to believe that any income chargeable to tax has escaped assessment for any assessment year. However, this belief that income has escaped assessment has […]

SEBI: Monitoring & Disclosures by Debenture Trustee(s)

November 12, 2020 10080 Views 0 comment Print

Debenture trustee shall incorporate the terms and conditions of periodical monitoring in the debenture trust deed wherein listed entity shall be liable to provide relevant documents/ information, as applicable, to enable the debenture trustee(s) to submit the following reports/ certification to Stock Exchange(s) within the timelines mentioned below:

Orders passed under GST without hearing petitioner not sustainable

November 12, 2020 846 Views 0 comment Print

Damodar Corporation Vs Union of India (Kerala High Court) Impugned orders passed  under GST ACT were passed without hearing the petitioner, the said orders cannot be legally sustained inasmuch as they have been passed in violation of the rules of natural justice. Accordingly, I quash Ext.P14 series of orders and direct the 7th respondent to […]

CA exams will be conducted as per notified schedule: ICAI

November 12, 2020 756 Views 0 comment Print

The forthcoming CA examinations are scheduled to commence from 21st November 2020 to 14th December 2020 and it is once again reiterated and clarified that the examinations will be conducted as per notified schedule.

SEBI Consultation Paper on Applicability & role of Risk Management Committee

November 12, 2020 1554 Views 0 comment Print

Considering the multitude of risks faced by listed entities, risk management has emerged as a very important function of the board. The Covid-19 pandemic has also reinforced the need for a robust risk management framework.

Retired employee can file his case at the place where he belongs or was getting pension

November 12, 2020 18522 Views 1 comment Print

Shanti Devi Alias Shanti Mishra Vs Union of India & Ors. (Supreme Court of India) A retired employee can prosecute his case at the place where he belonged to and was getting pension The deceased petitioner was continuously receiving pension for the last 08 years in his saving bank account in State Bank of India, […]

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