Definition of ‘Benami Transaction’ as amended by Amendment Act, 2016 has no retro effect: HC

INCOME TAX/BENAMI : Definition of 'benami transaction' in sec 2(9) of PBPT Act has no retrospective applicability to transactions entered into prior to 1-11-2016INCOME TAX/BENAMI : Definition of 'benami transaction'…

Continue ReadingDefinition of ‘Benami Transaction’ as amended by Amendment Act, 2016 has no retro effect: HC

Convening, holding meetings of stakeholders dispensed with when joint plea was filed by transferor and transferee Cos.: NCLT

COMPANY LAW : Where applicant companies i.e. transferor companies and transferee company had jointly filed application in relation of scheme of amalgamation proposed between them along with relevant documents, convening…

Continue ReadingConvening, holding meetings of stakeholders dispensed with when joint plea was filed by transferor and transferee Cos.: NCLT

Sec. 32 of Benami Act which provides eligibility criteria for appointment of Judicial Member is unconstitutional : HC

INCOME TAX/BENAMI : Madras HC strikes down as unconstitutional the provisions of sec 32(2)(a) of PBPT Act regarding qualifications of Judicial Member of Appellate TribunalINCOME TAX/BENAMI : Madras HC strikes…

Continue ReadingSec. 32 of Benami Act which provides eligibility criteria for appointment of Judicial Member is unconstitutional : HC

Sec. 54 relief can’t be denied merely because description of property was mentioned as ‘land’ in sale deed: ITAT

INCOME TAX : Section 54 cannot be confined only to a residential house and cannot be interpreted to mean that it has no application to land appurtenant to a residential…

Continue ReadingSec. 54 relief can’t be denied merely because description of property was mentioned as ‘land’ in sale deed: ITAT

SEBI was not justified in penalising a Co. by taking a ‘hyper-technical’ view of law on Related Party Transactions: SC

COMPANY LAW : SEBI not justified in penalising company by taking a 'hyper-technical' view of the law on Related Party TransactionsCOMPANY LAW : SEBI not justified in penalising company by…

Continue ReadingSEBI was not justified in penalising a Co. by taking a ‘hyper-technical’ view of law on Related Party Transactions: SC

Amount of ST mistakenly paid to be treated as deposit; refund of amount to be allowed without limitation: CESTAT

GST : Amount was mistakenly paid by appellant-assessee and was to be treated as deposit and assessee was entitled to refund of amount as principle of unjust enrichment was not…

Continue ReadingAmount of ST mistakenly paid to be treated as deposit; refund of amount to be allowed without limitation: CESTAT

SEBI modifies guidelines for FPIs, Designated Depository Participants, and ‘Eligible Foreign Investors’

SEBI vide SEBI Circular No. IMD/FPIamp;C/CIR/P/2019/124 dated 05-11-2019 issued operational guidelines for FPI, DDP, and FI whereby the designated depository participant is required to grant certificate of registration, bearing the…

Continue ReadingSEBI modifies guidelines for FPIs, Designated Depository Participants, and ‘Eligible Foreign Investors’

SCN to valuer w.r.t eligibility to be quashed as there was no direct allegation against her and case was sub-judice: IBBI

COMPANY LAW : Where in FIR filed by CBI as regards inflated valuation of properties registered valuer 'R' was not named as an accused and there was no direct allegation…

Continue ReadingSCN to valuer w.r.t eligibility to be quashed as there was no direct allegation against her and case was sub-judice: IBBI

RBI prescribes guidelines on compensation of Key Managerial Personnel (KMP) and Senior Management in NBFCs

RBI vide. Circular no. DOR.CRE.REC.No. 60/03.10.001/2022 dated 22-10-2021 had revised the scale-based framework for NBFCs. Now, RBI has required NBFCs to put in place a Board approved compensation policy in…

Continue ReadingRBI prescribes guidelines on compensation of Key Managerial Personnel (KMP) and Senior Management in NBFCs