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CS Deepak Pratap Singh

Latest Articles


Presumption of Constructive Notice – Transfer of Property Act, 1882

Corporate Law : Understanding the Presumption of Constructive Notice under the Transfer of Property Act, 1882. Know your rights as a property owne...

July 19, 2022 38568 Views 0 comment Print

IBC proceedings cannot dilute rights of Income Tax Depat to reopen assessment

Income Tax : The Madras High Court rules that IBC proceedings cannot affect the rights of the Income Tax Department to reopen assessments....

July 2, 2022 12102 Views 0 comment Print

13 years delay in adjudication of Show Cause Notice is not proper & legal

Excise Duty : Find out why delaying the adjudication of Show Cause Notices for 13 years is not just, proper, or legal. Learn more about this leg...

July 2, 2022 3990 Views 0 comment Print

SC on Services Tax Exemption on man power or job work services

Service Tax : Whether services provided are man power services or job work services so as to be exempted under the relevant notifications issued...

July 2, 2022 5979 Views 0 comment Print

DRT cannot release property merely on deposit of reserve price by borrower: SC

Corporate Law : SC clarified that banks cannot be restrained from selling the mortgaged property by holding public auction and realize the outstan...

June 25, 2022 11610 Views 0 comment Print


Latest Judiciary


Ansal Properties & Industries Ltd. Vs Neelam Bhutani (Delhi High Court)

Corporate Law : Delhi High Court addresses compliance issues in the case of Ansal Properties & Neelam Bhutani. Key points on Industrial Disputes A...

December 26, 2022 1329 Views 0 comment Print

Whether Gratuity can be forfeited on Dismissal of an Employee from service?

Income Tax : Whether forfeiture of gratuity, under Payment of Gratuity Act, 1972, is automatic on dismissal from service, is issue for consider...

December 26, 2022 38970 Views 0 comment Print

Whether interim wages included in term ‘wages’ under ESI Act?

Corporate Law : A plain reading of the definition of Section 2(22) of the ESI Act makes it amply clear that wages means all remuneration paid or p...

December 26, 2022 1584 Views 0 comment Print

Courts cannot modify any award decided by Arbitrator: SC

Corporate Law : Courts do not have the power to modify any award decided by the Arbitrator under Sections 34 and 37 of Arbitration and Reconciliat...

July 19, 2022 4128 Views 0 comment Print

RBI cannot reject remittance on whimsical & arbitrary reasons

Fema / RBI : Power of RBI to withhold remittance to be made under Automatic route to Wholly owned Subsidiary cannot be used to reject the remit...

July 11, 2022 1641 Views 0 comment Print


Refund Under Provisions of Income Tax Act, 1961

June 26, 2020 111824 Views 3 comments Print

Section 237 of the Income Tax Act, 1961 deals with refund of excess tax paid by the assessee. If any person or assessee satisfies the assessing officer that the amount of the tax paid by him or paid by any person on his behalf during any previous assessment year exceeds the amount with which he is properly chargeable under the act for that year, he is entitled to refund of excess amount paid.

Calculation of Arm’s Length Price-Section 92C of Income Tax Act, 1961

June 21, 2020 175469 Views 5 comments Print

A transaction in which the buyers and sellers of a product act independently and have no relationship to each other. The concept of an arm’s length transaction is to ensure that both parties in the deal are acting in their own self interest and are not subject to any pressure or duress from the other party

Transfer of Immovable Properties on Sale Consideration Less Than Stamp Duty Valuation

June 15, 2020 39881 Views 8 comments Print

As a general public we have tendency to save taxes by adopting various tricks and transactions. A lot of black money is generated through transfer of various types of immovable properties. The seller and the purchaser generally mutually agree on a transaction to enter into agreement at a price lower than the Fair Market Value of property to save stamp duty etc.

Partition of Hindu Undivided Family and Its Taxation

March 13, 2020 65331 Views 4 comments Print

As we know HUF (Hindu Undivided Family) is assessed as a separate person under provisions of Income Tax Act, 1961. It has its own identity and right to own property but not a juristic person. It can sue and be sued as a person. It is governed by Karta of the family and consists of coparceners of a single family.

Treatment of Capital Gains Tax during liquidation process

October 12, 2019 3135 Views 0 comment Print

NCLT held that the tax liability arising out of the sale shall be distributed in accordance with the provisions of Section 53 of the Code. The applicability of Section 178 or 194 IA of the IT Act will not have an overriding effect on the water fall mechanism provided under Section 53 of the Code, which is a complete code in itself, and the capital gain shall not be taken into consideration as the liquidation cost. 

Letters of Credit (LC): Basic Concepts – Part II

August 22, 2018 5328 Views 0 comment Print

In this article we are going to discuss utilisation of Letters of Credit and its advantages / disadvantages; UTILISATION OF LETTERS OF CREDIT; there are various stages from shipment of goods and / or provisions of services till the payment received by the seller / beneficiary;

Letters of Credit (LC): Basic Concepts – Part I

August 18, 2018 15213 Views 4 comments Print

A letter of credit is a letter from a bank guaranteeing that a buyer’s payment to a seller will be received on time and for the correct amount. In the event that the buyer is unable to make payment on the purchase, the bank will be required to cover the full or remaining amount of the purchase.

Foreign Venture Capital Investors And Related Regulations

July 11, 2018 14037 Views 0 comment Print

Venture Capital is a type of seed funding in which investment is made at the initial growing stage of ventures. It is a financing to small and start-up ventures, which has high risk and potential to develop near future. The Venture Capital Investors are generally put their funds in those companies, which are with new ideas, innovations and having potential of high growth with inherent uncertainties.

Benami Transaction and Sham Transactions

June 2, 2018 15888 Views 0 comment Print

Prohibition of Benami Property Transactions Act, 1988, an act promulgated to prevent and prohibit Benami transactions in India on 5th September, 1988. The Act, 1988 has only 9 Sections and not so effective, while preventing and prohibiting Benami Transactions. The Act, 1988 previously called The Benami Transactions (Prohibition) Act, 1988.

Drag Along And Tag Along Rights Under Shareholders Agreement

November 24, 2017 7242 Views 0 comment Print

As we know in private limited and closely held public limited companies, there are restrictions on transfer of shares. When an entrepreneur starts a venture or business with new ideas or new invention, he needs finance.

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