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Section 138 of NI Act- Accused May Examine Complainant as A Witness to Disprove His Case

May 1, 2022 60846 Views 0 comment Print

S.M.D.Mohamed Abdul Khader Vs Muniswari (Madras High Court) The Honourable Supreme Court of India held that when the accused had taken specific stand that the complainant had no source of income to lend such a huge sum, the accused can very well prove the same by cross-examination, witnesses and materials. In this regard, the Honourable […]

Refund cannot be rejected merely for limitation if last day to apply was Public Holiday

May 1, 2022 858 Views 0 comment Print

Credit Suisse Services India Pvt. Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) Admittedly as has been held in the Order-in-Original and Order-in-Appeal in terms of Notification No. 12/2013-ST the last date for filing of such refund application is before 30.04.2018 or to say in specific terms on or before 29.04.2018, though the same is not […]

Rule 17 – Order VI CPC – Clerical Mistake in Verification of Pleadings can be Rectified

May 1, 2022 11442 Views 0 comment Print

Rohit Surfactants Private Limited Vs Kanodia Salt Company Ltd (Allahabad High Court) In Regu Mahesh (Supra), the Court while dealing with compliance of Rule 15 (2) of Order VI relying upon its earlier judgment in case of A. Sapa Vs. Singora, 1991 (3) SCC 375, held that defect in verification or an affidavit is curable. […]

SC Dismisses Plea for Injunction against Hindi Remake of Tamil Film ‘Valee’

May 1, 2022 279 Views 0 comment Print

S. J. Suryah (A.K.A S. Justin Selvaraj) Vs S. S. Chakravarthy (Supreme Court) We have heard Mrs. V. Mohana, learned Senior Advocate, appearing for the petitioner for about half an hour but unable to convince this Court on the injunction to be granted against the remake of the film ‘Vaalee’ in Hindi and other languages. […]

immunity from penalty cannot be denied for delay/default by Revenue

April 30, 2022 1290 Views 0 comment Print

Nirman Overseas Private Limited Vs National Faceless Assessment Centre Delhi (Delhi High Court) AO issued the impugned order dated 16th March, 2022 denying the immunity from penalty and prosecuting the Petitioner on the ground that since no order under Section 270AA had been passed by the jurisdictional Assessing Officer within the statutory timeline, it may […]

HC cannot Direct Govt to declare any Monument to be of National Importance

April 30, 2022 198 Views 0 comment Print

In our opinion, a petition for direction to State Govt for issuing a notification declaring any monument to be of national importance cannot be issued as it is the matter to be decided by the competent authority under the aforesaid Act.

Guidelines on Compensation of KMP & Senior Management in NBFCs

April 29, 2022 1797 Views 0 comment Print

The Boards of all applicable NBFCs shall constitute a Nomination and Remuneration Committee (NRC). The NRC shall have the constitution, powers, functions and duties as laid down in section 178 of the Companies Act, 2013.

DGFT amends import policy of ITC (HS) Codes 71123000, 71129100, 71129200, 71129910, 71129920, & 71129990

April 29, 2022 1461 Views 0 comment Print

Import policy of ITC (HS) Codes 7112 30 00, 7112 91 00, 7112 92 00, 7112 99 10, 7112 99 20 and 7112 99 90 has been revised from ‘Free’ to ‘Restricted’ with immediate effect.

No TP adjustment for loan & advance for investment in equity or for benefit in business

April 29, 2022 1554 Views 0 comment Print

Lambda Therapeutic Research Ltd. Vs DCIT (ITAT Ahmedabad) We find that the assessee has not demonstrated any benefit derived from its associated enterprises namely Lambda USA whereas it has advanced interest free loan of EURO 49,999/-. Thus, the question arises whether there is a need to make any adjustment on account of notional interest under […]

Representation on UDIN Problem at Income Tax Portal

April 28, 2022 27843 Views 10 comments Print

There are some concerns regarding Problem faced by the Members in relation to the UDIN Updation at the Income Tax Portal, I would like to Draw your Attention on different type of issues faced by the Members and possible solutions, so that suitable action may be taken to resolve their concerns.

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