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Judiciary

Whether dispute raised by OC is bar for acceptance of petition under IBC

October 9, 2017 2226 Views 0 comment Print

Whether Corporate Debtor can bar the NCLT to accept the petition of Operational Creditor by raising a dispute on the Demand Notice

Whether Insolvency Proceedings can be initiated against Guarantor

October 9, 2017 6291 Views 0 comment Print

Whether Creditor can file application against Corporate Guarantor in case of default by Principle Debtor and petition against principle debtor has already been admitted under the Insolvency & Bankruptcy Code, 2016.

Notice Mandatory to Pass Rectification Order U/s. 154

October 8, 2017 8178 Views 0 comment Print

In case of M/s. Deepak Agro Food (Supra), the Hon’ble Apex Court dealt with Sec. 29(8)(b) of the Act which is not having similar wordings like that of Sec. 154 (3) of the Act under which it is mandatory to issue notice. As per Section 154(3) of the Act amendment/rectification which has effect of enhancement of an assessment or reducing a refund or otherwise increasing the liability of the assessee shall not be made unless the authority concerned gives notice to the assessee of its intention to do so.

Hindu Succession Act: Hindu Daughter after Converting to Islam Not Loses Right to Inherit Property

October 8, 2017 9678 Views 3 comments Print

A change of religion and loss of caste was at one time considered as grounds for forfeiture of property and exclusion of inheritance. However, this has ceased to be the case after the passing of the Caste Disabilities Removal Act, 1850. Section 1 of the Caste Disabilities Removal Act inter alia provides that if any […]

Bad Debts deductible if same been taken into a/c in computing income of an earlier previous year

October 8, 2017 1689 Views 0 comment Print

In Stock point Share Services Private Ltd v. ACIT, Justices Antony Dominic and Dama Seshadri Naidu of Kerala High Court held that in order claim deduction in respect to bad debts under section Section 36(1)(vii) of the Income Tax Act, the assessee has to fulfill two conditions, i.e, (i) the bad debt has been written off and (ii) that the bad debt has been taken into account in computing the income of the assessee in the previous years.

Permanent Establishment: A Recent Decision of Hon’ble Supreme Court

October 8, 2017 5763 Views 0 comment Print

In brief, the learned Judges of the Supreme Court held that FOWC carried on business in India for the duration of the race (and for two weeks before the race and a week thereafter). A PE must have three characteristics: stability, productivity and dependence.

Section 2(47) no transfer by Mere entering in Development agreement

October 7, 2017 14751 Views 1 comment Print

Admittedly, possession of the property was not handed over during assessment year 2008-09 and mere execution of agreement for the development of the property could not amount to transfer under section 2(47) of the Act row with section 53A of the transfer of property Act are satisfied as such there can no transfer be considered in the year under consideration.

Appellant can’t be treated as Defaulter for DD misplaced by officer

October 7, 2017 786 Views 0 comment Print

This Demand Draft was sent along with a notice, dated 22.1.2015. The third respondent has received the demand draft, but, unfortunately, misplaced the same. It is not known, as to how, the Revenue Department of the Corporation can be so careless in misplacing the demand draft, especially, when such amount was directed to be paid, pursuant to the Court order.

HC set aside order passed by Tribunal without application of Mind

October 7, 2017 1515 Views 0 comment Print

HC held that We do not see how it is possible for us to uphold the order of the Tribunal and when it purports to decide two Appeals of the Revenue by single paragraph conclusion. There is absolutely no discussion of the law and why the co­ordinate Bench decision rendered at Delhi is either distinguishable […]

Section 50C applies even to Unregistered Transfer of Capital Assets

October 7, 2017 2700 Views 0 comment Print

Justices Akil Khureshi and Biren Vaishnav, in a recent ruling, held that section 50C of the Income Tax Act is applicable to a case where even a case where the document evidencing transfer of the capital asset has not been presented for registration

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