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IBC 2016 have overriding effect over Income Tax Act, 1961

October 2, 2021 3162 Views 0 comment Print

Moserbaer India Ltd. Vs DCIT (ITAT Delhi) Section 238 of IBC 2016 will have overriding effect over all other Central and State statutes including the Income-tax Act and all the claims including claim of the Income-tax Department under the Income-tax Act, 1961 shall be entertained by the Official Liquidator u/s 53 (1) of the Code. […]

HC declined to interfere with order of Settlement Commission & dismisses Writ Petition

October 2, 2021 2130 Views 0 comment Print

P. K. Bhawmick Vs Abhratosh Mazumdar (Calcutta High Court) HC was not inclined to interfere with the impugned order of the Settlement Commission in this Writ Petition and dismissed the same for the following reasons: i) Petitioner/Income Tax authorities have failed to make out any case in this Writ Petition that the learned Settlement Commission […]

Liquidator at liberty to apply & enforce amended Clause 12 of Schedule I of Liquidation Regulations

October 2, 2021 1482 Views 0 comment Print

In re Mr. Sundaresh Bhat Liquidator of ABG Shipyard Limited (NCLAT Delhi) When in an auction somebody has given a higher bid, if instead of 15 days, the person gets a breathing time of 90 days to make a payment, no other person gets affected. We have seen the Discussion Paper referred to by the […]

Cenvat Credit eligible on product recall insurance policy expense

October 2, 2021 249 Views 0 comment Print

Bhavani Industries Vs C.C.E. & S.T. (CESTAT Ahmedabad) Issue lie in narrow compass that whether the appellant is eligible to Cenvat Credit in respect of Service Tax paid by Product Recall Insurance Policy. As per the facts of the case the Product Recall Insurance Policy is taken by the appellant, as per condition of sale […]

Trust registration cannot be denied for including religious object if primary or dominant purpose is Charitable

October 2, 2021 1692 Views 0 comment Print

If the primary or dominant purpose of an institution is charitable than any other object which by itself might not be charitable but just merely ancillary or incidental to the primary or dominant purpose, would not prevent the trust or institution from being a valid charity.

In absence of transfer, payment for use of software cannot be treated as Royalty

October 2, 2021 2262 Views 0 comment Print

Shell India Markets Private Limited Vs ITO (ITAT Mumbai) Assessee’s claim that it has acquired mere user right in copyrighted article and thus the payments in question are not to be considered as royalty, is not tenable. As there is transfer of copyright right between the assessee and the SIBV, the payments made by the […]

SEBI eases compliance requirement for rights issues

October 1, 2021 1182 Views 0 comment Print

Issuer Company shall conduct a Vulnerability Test for optional mechanism (non-cash mode only) provided to accept the applications in Rights Issue (facility provided by RTA), from an independent IT Auditor, and submit the report to Stock Exchange(s).

Dr. M. S. Sahoo completes tenure as Chairperson, IBBI

October 1, 2021 1860 Views 0 comment Print

Dr. M. S. Sahoo completed his tenure of five years as Chairperson of the Insolvency and Bankruptcy Board of India (IBBI) on 30th September, 2021. The IBBI family bid farewell to Dr. Sahoo and remembered his outstanding contributions as thought leader and as visionary, in a glittering farewell function organized at India Habitat Centre.

Extension of Date for Mandatory e-filing of Non-Preferential CoO

October 1, 2021 486 Views 0 comment Print

This option of submission and issuance of CoO (Non-Preferential) by the issuing agencies through their paper-based systems may continue further up to 31st October 2021. Government of India Ministry of Commerce and Industry Department of Commerce Directorate General of Foreign Trade Dated: 01st October 2021 Udyog Bhawan, New Delhi Trade Notice No. 19/2021-2022 – DGFT […]

Power of Attorney authorised by Financial Creditor Can File Application U/s 7 of IBC: SC

September 30, 2021 4812 Views 0 comment Print

Rajendra Narottamdas Sheth & Anr Vs Chandra Prakash Jain (Supreme Court) In the present case, Mr. Praveen Kumar Gupta has been given general authorisation by the Bank with respect to all the business and affairs of the Bank, including commencement of legal proceedings before any court or tribunal with respect to any demand and filing […]

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