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CASE STUDY 18 – (Insolvency & Bankruptcy Code, 2016)
By FCS DEEPAK P. SINGH: Dear Friends, In this Case Study we are going to discuss an important question decided by the Hon'ble Supreme Court-Where a Trade Union can file a Petition against Corporate Debtors for dues of workers as an Operational Creditors. The Apex Court Held that - a Trade Union will be considered as Operational Creditors for claims… Read More ...
ANALYSIS OF PROVISIONS GOVERNING MISSTATEMENT/ CONCEALMENT/ FRAUD UNDER AN INSURANCE POLICY.
By FCS DEEPAK P. SINGH: Dear Friends, We know that an insurance contract is a legal agreement that spells out the responsibilities of both the insurance company and the insured, as well as the specific conditions of coverage and the policy term and cost. Standard features of an insurance contract include the offer and the acceptance, consideration, legal capacity and… Read More ...
Phoenix ARC Private Limited v Vishwa Bharati Vidya Mandir[ Civil Appeal Nos. 257-259 of 2022]SC
By FCS DEEPAK P. SINGH: Phoenix ARC Private Limited v Vishwa Bharati Vidya Mandir, Dated 12 January 2022, Civil Appeal Nos. 257-259 of 2022. THE SUPREME COURT OF INDIA has clarified that borrowers aggrieved by proceedings initiated by banks or asset reconstruction companies (ARCs) under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act 2002 (the… Read More ...
ANALYSIS OF RULE OF MARSHALLING AND CONTRIBUTION
By FCS DEEPAK P. SINGH: Dear Friends, As you are aware that in many cases of mortgage , the mortgagor having more than one property , mortgages same property with two or more mortgagees. If mortgagor sale any property subject to mortgage , then it is his duty to satisfy the debt first from sale proceeds of properties. The Rule/Doctrine… Read More ...
ANALYSIS OF PROVISIONS OF SECTION 50D OF INCOME TAX ACT, 1961
By FCS DEEPAK P. SINGH: Dear Friends, As you are aware that “ Actual Sale Consideration”, of the “ Capital Assets” forms basis of calculation of “ Capital Gain” according to the provisions of Section 48 of IT Act,1961, except in situations in which the government has said for adoption of “ Fair Market Value” as the Full Value for… Read More ...
COMPENSATION PAYABLE IN CASE OF DEATH OF A CHILD IN AN ACCIDENT.
By FCS DEEPAK P. SINGH: Dear Friends, As you are aware that “Accident”, the term means an event that is without apparent cause, or is unexpected, an unfortunate event especially one causing physical harm or damage, bought about unintentionally a mishap, hadsa or durghatna. Any person – a child, a young man, a young woman, a blind person, a student,… Read More ...
NOMINEE — TRUSTEE OR OWNER
By Advocate Dinkar Parasharam Bhave: NOMINEE TRUSTEE OR OWNER Abstract: It is common knowledge that most of the property owned and possessed by any person, (a) be it immovable like a Flat or commercial Office, popularly known as गाळा, in a Co-op Housing Society or (b) movable property like Deposit Accounts in a Bank, Deposit Amounts in a Post Office,… Read More ...
Amendment in Sec. 14A “Retrospective or Prospective”
By CA Milind Wadhwani DISA(ICAI), FAFD(Cert.), CCCA(Cert.), Research (Ph.D.) Scholar Mobile +91 9826273333 Mail ID: - MILIND.WADHWANI20@GMAIL.COM: Recently, ITAT Gauhati in "ACIT vs. William Financial Services Ltd" held amendment in Sec.14A was applicable Retrospectively, while ITAT Mumbai in "ACIT vs. Bajaj Capital Ventures Pvt. Ltd" held it was applicable Prospectively i.e. from AY 2022-23 onwards. Read More ...
Validity of notices or order issued without mentioning DIN
By CA Milind Wadhwani DISA(ICAI), FAFD(Cert.), CCCA(Cert.), Research (Ph.D.) Scholar Mobile +91 9826273333 Mail ID: - MILIND.WADHWANI20@GMAIL.COM: Notices, Orders, Reports etc. Issued by the Income Tax Department on or After 1st Oct,2019 without mentioning Computer Generated DIN are Invalid, non-est and cannot be used against the Assessee. 1 .CBDT Circular No.19 of 2019, dated 14th Aug,2019 made it compulsory that any Notices, orders. issued by the Income Tax Department on or After… Read More ...
Appellate Tribunal – Check List – Practical Guide for filing appeal and Representation
By Research Team : Income -tax Appellate Tribunal is a Court. Section 288 of the Income -tax Act, 1961 deals with appearance by Authorised Representative. In the recent it has been observed that many young lawyers and Chartered Accountants appear before the Honourable Income tax Appellate Tribunal. They can make better representation if they follow check list - Appellate… Read More ...