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HC denies pre-arrest bail to person accused of carrying coals without GST

February 7, 2022 834 Views 0 comment Print

Considering the fact that cases of coal theft and carrying coals without GST, etc have become so common that unless such offences are thoroughly investigated, it will cause huge loss to the State exchequer. To unearth the fact of the case and to see the nature of involvement of the petitioner, custodial interrogation is necessary.

Section 194 TDS not deductible when payment is made to a non-shareholder

February 7, 2022 3042 Views 0 comment Print

DCIT Vs J. P. Iscon Ltd. (ITAT Ahmedabad) The brief facts leading to the case is this that the assessee had given inter-corporate deposit to six subsidiaries companies namely Dhanlaxmi Infrastructure Pvt. Ltd., Amit Intertrade Pvt. Ltd., Dhwani Infrastructure Pvt. Ltd., Rich Infrastructure Pvt. Ltd., Gujarat Mall Management Co. Pvt. Ltd. & Palitana Sugars Mills […]

FAQs on Insolvency and Bankruptcy Code, 2016

February 7, 2022 2727 Views 0 comment Print

IBBI in association with the Committee on IBC, ICAI, released a publication titled Frequently Asked Questions (FAQs) on Insolvency and Bankruptcy Code, 2016

JNCH issues instructions for Expeditious clearance of exports

February 7, 2022 2205 Views 0 comment Print

It has come to notice that in certain cases of first time export of goods, lack of clarity and awareness about the applicability of statutory requirements, has resulted in avoidable delays. Occasionally, the situation is compounded by generic instructions being communicated by the Risk Management System as Compulsory Compliance Requirements (CCRs).

In case of Fraud General Bar on Civil Proceedings Not Applicable | Section 34 | Sarfaesi Act

February 6, 2022 18213 Views 0 comment Print

Tajunissa Vs Mr. Vishal Sharma (Delhi High Court) Statutory proscription engrafted in Section 34 of the SARFAESI Act, therefore, the Supreme Court has, in the afore-extracted passage from Mardia Chemicals, chiseled out an exception, in a case in which for example, the action of the secured creditor is alleged to be fraudulent or his claim […]

ESIC & PF paid before due date of filing income tax return allowable till AY 2020-21

February 5, 2022 8901 Views 0 comment Print

Dr. B. Lal Clinical Laboratory Private Limited Vs ACIT (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Further, the ld D/R […]

Bar of Section 69(2) of Indian Partnership Act, 1932 not applicable to Transactions not in the course of business: SC

February 5, 2022 3552 Views 0 comment Print

Shiv Developers Vs Aksharay Developers (Supreme Court) As noticed, the crucial and key factor in the present case remains that the sale transaction in question is not arising out of the business of the appellant firm. Equally significant fact is that the subject suit is for enforcing a right of avoidance of a document on […]

Financial Creditor can initiate action under Section 7 of IBC, 2016

February 5, 2022 2940 Views 0 comment Print

Niew taken by NC:LT in Beacon Trusteeship Limited is not inconsonance with Section 7 read with Section 238 of ‘I&B Code’. Financial Creditor has full right to initiate action under Section 7 for non-payment of dues.

Prosecution against company cannot continue after declaration of moratorium by NCLT

February 5, 2022 5910 Views 0 comment Print

Nag Leathers Pvt. Ltd Vs Muzain Hides (Madras High Court) It is evident that there is a categorical finding recorded by the Apex Court that the moratorium provision contained in Section 14 of the Insolvency Bankruptcy Code, would apply only to corporate debtor, the natural persons mentioned in Section 141 continuing to be statutorily liable […]

Interactive intelligent panel Having CPU cannot be classified as Monitors

February 4, 2022 2043 Views 0 comment Print

Cloudwalker Streaming Technologies Pvt Ltd Vs Commissioner of Customs (CESTAT Mumbai) In valuation, rejection of the declared amount is a pre-requisite because the relevant Rules afford consequential alternatives but rejection of declared classification at the outset carries the burden of saddling the exercise with re-classification that may not meet the test of General Rules for […]

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