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Calcutta HC upheld vires of Sections 7, 8 and 9 of IBC, 2016

February 2, 2017 2433 Views 0 comment Print

Akshay Jhunjhunwala & Anr. Vs Union of India (Calcutta High Court) The petitioners have assailed the vires of Sections 7, 8 and 9 of the Insolvency and Bankruptcy Code, 2016. Learned Senior Advocate appearing for the petitioners has submitted that, the second respondent is a corporate debtor in respect of whom a proceeding under the […]

Trustees cannot be assessed in personal capacity if Beneficiary share is determinable

February 1, 2017 1203 Views 0 comment Print

Once the shares of the beneficiaries are found to be determinable, the income is to be taxed of that respective sharer or the beneficiaries in the hands of the beneficiary and not in the hands of the Trustees which has already been shown in the present case.

Explanation to Section 164 for determination of beneficiary share

February 1, 2017 27621 Views 0 comment Print

By no interpretative process the explanation to Section 164 of the Act, which is pressed in service can be read for determinability of the shares of the beneficiary with the quantum on the date when the Trust deed is executed and the second reason is that the real test is the determinability of the shares […]

District-level Caste Scrutiny Committee had no jurisdiction to revoke caste-status

January 31, 2017 6687 Views 0 comment Print

This petition is directed against the order Annexure P-32 whereby the District Level Caste Scrutiny Committee has revoked the caste certificate issued in favour of the petitioner on 10-10-1991 by the Collector, Durg, holding that she does not belong to Scheduled Tribe as notified and therefore she is not entitled for the caste certificate.

Sec 54EC exemption on advance invested before Final Sale?

January 31, 2017 3462 Views 0 comment Print

Where An Assessee Makes Investment In The Specified Bonds On Receipt Of Advance As Per An Agreement To Sale, Whether He Is Entitled To Claim The Benefit Under Section 54EC Of The Income Tax Act, 1961? Yes

No temporary enrollment for Advocate under Advocacy Act: Gujarat HC

January 30, 2017 2994 Views 0 comment Print

An advocate who is in full time employment or full time salaried employee of any firm, corporation or concern could not be entitled to get certificate of practice as long as he/she continues to employment. A professional has to follow the rules and regulations in order to maintain the dignity and standards of legal profession.

Mark to Market Losses cannot be disallowed unless incurred in respect of speculative contracts

January 28, 2017 2286 Views 0 comment Print

HC held that mark to market loss in respect of forward contracts claimed as loss from business income cannot be disallowed as the forward contracts were secured for to cover variation in foreign exchange rate which would impact its business of import and export of diamonds.

A candidate whose nomination paper was rejected, cannot file election petition

January 25, 2017 1155 Views 0 comment Print

Chhattisgarh High Court held in the case of Yogita Singh Tanwar vs State Of Chhattisgarh & others that When election has not taken place, a candidate whose nomination paper was rejected, cannot file an election petition under Section 122 of the Panchayat Raj Adhiniyam. Writ Petition is maintainable to challenge rejection of nomination paper.

Mere word approved not amount to record of satisfaction after application of mind

January 25, 2017 1318 Views 0 comment Print

(a) Did the Tribunal fall into error in holding that the Commissioner of Income Tax (CIT) did not in fact record satisfaction under Section 151 of the Income Tax Act, 1961 for issuing notice under Section 147, in the circumstances of the case?

Facts recorded by ITAT cannot be contradicted by affidavit or otherwise

January 25, 2017 598 Views 1 comment Print

It is settled position in law that statement of fact recorded in the order of the Court/Tribunal has to be accepted as correct and conclusive. It cannot be contradicted by affidavit or otherwise

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