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IBC is not For Money Recovery Proceedings: SC

May 8, 2022 5952 Views 0 comment Print

Invent Asset Securitisation And Reconstruction Pvt. Ltd. Vs Girnar Fibres Ltd (Supreme Court of India) Time and again, it has been expressed and explained by this Court that the provisions of the Code are essentially intended to bring the corporate debtor to its feet and are not of money recovery proceedings as such. The intent […]

GST: Compliance of necessary ingredients/conditions of Section 83 is sine qua non

May 8, 2022 702 Views 0 comment Print

Union of India Vs Anandbhavan Properties (Karnataka High Court) It is trite that when the Act specifically provides the requirements for invoking Section 83, it has to be strictly adhered to. Merely referring to the letter which indeed does not refer to section 74, it cannot be presumed that such proceedings under Section 74 of […]

Insurance Company Not Liable for compensation If terms & conditions of policy breached

May 8, 2022 2592 Views 0 comment Print

United India Insurance Co Ltd Vs Sri Rama Swamy (Telangana High Court) In the order under challenge the Commissioner held that the claimants in this appeal are the husband and minor son of deceased. She met with an accident while she was returning from work along with other labourers and subsequently she died while undergoing […]

Interest Free Security Deposit towards advance license fee is Operational Debt

May 8, 2022 2142 Views 0 comment Print

It is for the Appellant to take remedies out of the Agreement and it is open for the parties to take legal proceedings as permitted in law. In view of the fact that the payment made was initially towards the advance license fee it was an operational debt, the Adjudicating Authority has rightly admitted the application under Section 9.

In case of violation of principles of natural justice, the availability of appellate remedy does not bar maintainability of writ petition

May 8, 2022 1983 Views 0 comment Print

When there is a violation of the principles of natural justice, the availability of an appellate remedy does not bar the maintainability of a writ petition.

In absence of doubt Birth Certificate Issued by Municipal Authority must be given Eminence

May 8, 2022 2757 Views 0 comment Print

Ravi alias Rabbu son of Radhey Shyam Vs State of Haryana (Punjab & Haryana High Court) Even though there would be no dispute with respect to the proposition of law laid down by the Hon’ble Apex Court and relied upon by learned counsel appearing on behalf of the petitioner that a birth certificate issued by […]

Section 54F Deduction not deniable for mere mention of Name of Spouse in Purchase deed

May 8, 2022 1884 Views 0 comment Print

Y. Manjula Reddy Vs ITO (ITAT Bangalore) The next impediment in the minds of the tax authorities was that the plot was purchased jointly in the name of the assessee and her husband and hence it should be held that both held 50% right each and hence the assessee could have purchased only her husband’s […]

Expense cannot be disallowed merely based on Tax Audit Report

May 8, 2022 7008 Views 0 comment Print

Kalpesh Synthetics Pvt Ltd Vs DCIT (ITAT Mumbai) Grievance of the assessee, as requiring our adjudication in this appeal, is that the learned CIT(A) was not justified in upholding the adjustment, made by the Centralized Processing Centre Bengaluru while processing income tax returns under section 143(1) based on certain inputs from the tax audit reports […]

Bagasse/Press Mud Generated during Sugar Manufacture not exempt from Excise Duty

May 7, 2022 870 Views 0 comment Print

Apex Court in the case of Balarampur Chini Ltd. (supra) and DSCL Sugar Ltd. (supra) has enunciated the principal that Bagasse/ Press mud produced during the course of manufacture of sugar cannot be treated as exempted products and the provision of Rule 6 of Central Excise Rule, 2004 cannot be applied

IBC 2016: Section 7 application cannot be denied merely for non-stamping of Loan facility agreement 

May 7, 2022 741 Views 0 comment Print

Aashish Kadam Vs Nagpur Nagarik Sahakari Bank Ltd. (NCLAT Delhi) The submission which has been raised by Shri Shikhil Suri is that the document by which Secured Cash Credit Facility was extended to the Corporate Debtor is not a stamped and on account of document having not been stamped, the said document could not have […]

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