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section 43

Latest Articles


Things to Keep in Mind While Disclosing Your F&O Income at the Time of Filing Taxes

Income Tax : F&O traders need to know how their profits are taxed. With the ITR return filing date approaching, it is imperative to know how st...

July 9, 2024 1983 Views 0 comment Print

Payment to MSMEs in 45/15 Days: Section 43B(h) Explained

Income Tax : Explore the impact of Finance Act, 2023, on MSME payment enforcement under section 43B(h) of the Income Tax Act, 1961. Understand ...

February 5, 2024 191256 Views 8 comments Print

Analysing Bail Jurisprudence under PMLA: Unravelling Problematic Twin Conditions

Corporate Law : Explore complexities of PMLA bail conditions, their impact on accused, and constitutional concerns. A comprehensive analysis sheds...

January 6, 2024 1557 Views 0 comment Print

Preference Share Capital And Preference Capital

Company Law : Learn the distinction between preference share capital and preference capital with detailed explanations and examples, exploring t...

March 9, 2023 2883 Views 0 comment Print

Delayed employees PF remittance -Power to disallow u/s 143(1)- Effect of SC decision

Income Tax : Delayed employees PF remittance Supreme Court decision in Checkmate Services - Under s.143(1), power to disallow. Tribunal decisio...

December 21, 2022 3870 Views 1 comment Print


Latest Judiciary


Exemption u/s 10(38) admissible even if STT not paid on shares acquired on or after 01.10.2004: ITAT Mumbai

Income Tax : ITAT Mumbai held that since the shares were acquired on or after 01.10.2004, the assessee would be entitled to claim exemption of ...

July 31, 2024 828 Views 0 comment Print

Transfer by Corporate Debtor resulting into value enhancement outside ambit of section 43 of IBC: NCLT Mumbai

Corporate Law : ITAT Delhi held that written off of obsolete inventory allowable as prepared in accordance with accounting standards and duly got ...

July 24, 2024 207 Views 0 comment Print

NCLT admits CIRP of Richfeel Health & Beauty Pvt Ltd

Corporate Law : Explore the detailed analysis of Mayur Rajendra Kumar Popat Vs Rajul Mehta & Ors. case from NCLT Mumbai. Learn about the resolutio...

July 2, 2024 354 Views 0 comment Print

Section 44BB does not override provisions related to PE or DTAA benefits

Income Tax : Read the detailed analysis of Computer Modelling Group Ltd. vs. ACIT (ITAT Delhi) regarding interest leviable from the assessee fo...

May 9, 2024 309 Views 0 comment Print

NCLT accepts Resolution Plan of V Hotels Ltd.: Meeting IBC Code & CIRP Regulations

Corporate Law : Resolution Plan met the requirements of Section 30(2) of the Code and the Regulations 37, 38, 38(1A) and 39(4) of the CIRP Regulat...

May 9, 2024 402 Views 0 comment Print


Latest Notifications


CBDT notifies more modes of e-payments; 6DD limit reduced to ₹ 10000

Income Tax : Notification No. 8/2020-Income-Tax- CBDT has notified Other electronic modes by inserting New Income TAx Rule 6ABBA. It also amend...

January 29, 2020 12972 Views 0 comment Print

CBDT notifies Ace Derivatives and Commodity Exchange Ltd.’ for trading of commodity derivative U/s. 43(5)

Income Tax : Notification No. 15/2014-Income Tax entral Government hereby notifies the Ace Derivatives and Commodity Exchange Limited, Ahmedaba...

March 20, 2014 817 Views 0 comment Print


Amount directed to be deposited with Corporate Debtor as transaction hit by Section 43 of IBC during CIRP

December 4, 2023 471 Views 0 comment Print

NCLT Ahmedabad held that before commencement of insolvency, the assets of the corporate debtor are stripped many a times by the management. The suspended management conceals the data from RP during CIRP process. Amount directed to be deposited with Corporate Debtor as the transaction is hit by provisions of section 43 of the Insolvency and Bankruptcy Code.

Right of person to enjoy property cannot be prevented alleging non-registration of document u/s 22A

November 6, 2023 2319 Views 0 comment Print

Telangana High Court held that the Registration of a document does not create any title. The action of non-registration of a document under Section 22A of the Registration Act, 1908 does not prevent a person of the right to enjoy his property.

Shares/securities/PMS/Mutual fund held as investment taxable under capital gains

November 2, 2023 978 Views 0 comment Print

ITAT Delhi held that income from sale of shares/securities/PMS/Mutual Funds, etc. which were held as investment and not as stock-in-trade is taxable under the head capital gains and not under the head business income.

Order rejecting GST refund for non-receipt of lease rental passed without considering contention remanded back

October 30, 2023 516 Views 0 comment Print

Delhi High Court concluded that Appellate Authority failed to consider the contention of the petitioner that there was no supply of service via-a-vis refund of GST. Accordingly, matter remanded to Appellate Authority.

Subsidy from Government under Focus Market Scheme is revenue receipt

October 25, 2023 891 Views 0 comment Print

ITAT Chennai held that subsidy received from Government of India under the Focus Market Scheme is Revenue in nature. The same cannot be at any stretch of imagination considered as capital in nature.

Demand of sales tax sustained as discrepancies in sales figures and physical stock not explained

October 25, 2023 456 Views 0 comment Print

Delhi High Court held that as discrepancies in sales figures as well as physical stock not explained, the assessing authority took a fair view in enhancing sales by 10% of net GTO after deducting the stock transfer figure of GTO. Accordingly, levy of tax with interest confirmed.

ITAT Allows Depreciation for Textile Spinning Unit Acquired via Bank of Baroda Auction

October 25, 2023 321 Views 0 comment Print

In the Varadaraja Textiles case, ITAT Chennai ruled that depreciation is allowed for a textile spinning unit acquired through an auction sale, disputing the nil cost assessment.

Expenditure towards brand reminder, customer gifts, purchase of medical books and journals not allowable u/s 37(1)

October 12, 2023 792 Views 0 comment Print

ITAT Mumbai held that expenditure towards brand reminder, customer gifts, purchase of medical books and journals is not allowable expenditure u/s 37(1) of the Income Tax Act as such expenses are in the nature of free bees and prohibited.

Resolution plan approved by CoC cannot be interfered by Adjudicating Authority

September 29, 2023 828 Views 0 comment Print

NCLT Delhi held that resolution plan submitted by the Successful Resolution Applicant which was approved by CoC cannot be interfered by Adjudicating Authority. Adjudicating Authority is not empowered to analyse or evaluate commercial decision of CoC.

Benefit u/s 35(2AB) available on expenditure on clinical trials outside approved in-house R&D facility

September 23, 2023 2946 Views 0 comment Print

ITAT Mumbai held that the benefit under section 35(2AB) of the Income Tax Act is also available in respect of expenditure on clinical trials outside the approved in-house R&D facility.

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