INFO MEMOS

Date Title Practice Area Author
03-08-2020 Supreme Court holds that even if the family settlement was not registered it would operate as a complete estoppel Strategic Documentation Bharat Agarwal,Sanjuna Sudhakaran
20-07-2020 NCDRC holds that paltry rental amount of flat cannot be made sole basis for granting compensation to the homebuyers. Real Estate Bharat Agarwal,Sanjuna Sudhakaran
09-07-2020 Punjab RERA Tribunal holds that RERA Authority is empowered to reduce the completion period declared by the Promoter during registration of its project RERA Bharat Agarwal,Sanjuna Sudhakaran
04-07-2020 MahaRERA Tribunal holds that forfeiture of booking amount is unfair due to one-sided, inequitable clauses contained in the forms, which the buyers are forced to sign by Promoters RERA Bharat Agarwal,Sanjuna Sudhakaran
25-06-2020 Sale of developed plot is a supply of service for CGST Act Direct Tax
09-06-2020 Under RERA, the Promoter of real estate project cannot withhold the refund if the buyer wants to cancel the booking because the possession is delayed by the Promoter RERA Bharat Agarwal,Sanjuna Sudhakaran
02-06-2020 Covid-19, cannot be an excuse for condoning the default in past performance of the Contract Civil, Criminal & Commercial Litigation Bharat Agarwal,Sanjuna Sudhakaran
24-05-2020 An “agreement for sale” is subject to stamp duty or not would depend upon facts and conditions mentioned in that agreement Property Law Bharat Agarwal
23-05-2020 COVID-19 is not a force majeure event for suspension of rent in the case of leave and licence agreement Property Law Bharat Agarwal
15-05-2020 Contract must be read as a whole to determine the actual intent of the parties instead of interpreting one clause in exclusion Dispute Resolution Bharat Agarwal,Sanjuna Sudhakaran
11-05-2020 Section 40(a)(ii) does not include the word “cess” and hence, the claim cannot be disallowed Direct Tax Sneha Sarbhushan
07-05-2020 The Defendant must prove that enforcement of specific performance will be an unfair advantage to Plaintiff Civil, Criminal & Commercial Litigation Bharat Agarwal,Sanjuna Sudhakaran
03-05-2020 A decree or Order of the Court does not require registration as per Section 17(2) of Registration Act, 1908 Civil, Criminal & Commercial Litigation Saloni,Girish Mhatre
01-05-2020 Compensation received by partner from other existing partners for reduction in Profit Sharing Ratio will not attract capital gain tax u/s. 45(1) Direct Tax Sneha Sarbhushan
28-04-2020 Property acquired from joint family business cannot necessarily be HUF Property Property Law Bharat Agarwal,Girish Mhatre
26-04-2020 “Doctrine of Mutuality” bestows a special status to qualify for exemption from tax liability Direct Tax Bharat Agarwal,Sneha Sarbhushan
23-04-2020 Amidst the lockdown, Delhi High Court stays the invocation of Bank Guarantee Civil, Criminal & Commercial Litigation Sanjuna Sudhakaran
16-04-2020 Force majeure in COVID-19, Bombay High Court provides strict interpretation Civil, Criminal & Commercial Litigation Sanjuna Sudhakaran
10-04-2020 where the assessee has fully and truly disclosed primary facts before the Revenue, notice u/s. 148 of the Income Tax Act, 1961 for reopening of assessment cannot be issued beyond 4 years. Direct Tax Sneha Sarbhushan
09-04-2020 Whether a Society is a Promoter under RERA? RERA Sanjuna Sudhakaran
03-04-2020 Whether Service provided by Society to its member is "supply" under GST Law ? GST Sneha Sarbhushan
15-12-2019 Arbitration - No recovery till dispute pending Dispute Resolution Bharat Agarwal
22-10-2019 In absence of intimation to AO regarding change of address, the notices issued by AO on address as per PAN database is valid Direct Tax Sneha Sarbhushan
10-09-2019 Section 43CA applies to “land” or “building” or “both” and it cannot be made applicable to transfer of “rights” in flat / office (under construction) Direct Tax Sneha Sarbhushan
17-08-2019 Party to Contract shall perform as per Contract before claiming Specific Relief Civil, Criminal & Commercial Litigation Girish Mhatr
17-08-2019 Provisions of Sec. 292BB won’t cure defect of non-issuance of notice u/s 143(2) Direct Tax Lekha Banger
18-06-2019 Summons issued after survey action u/s. 131 of the Income Tax Act, 1961 deserves to be quashed in violation of section 133A(6) of the Act Direct Tax Sneha Sarbhusha
20-05-2019 In absence of assessee, the Tribunal cannot dismiss an appeal without considering the merits of the case Direct Tax Sneha Sarbhusha
10-05-2019 Review Petition Permissible even after Dismissal of Special Leave Petition Civil, Criminal & Commercial Litigation Girish Mhatr
04-05-2019 Calling out someone with fair comment and justification not defamation Civil, Criminal & Commercial Litigation Sanjuna Sudhakaran
30-01-2019 Transfer does not complete on mere registration of agreement for sale of property Direct Tax Sanjuna Sudhakara
11-01-2019 Mere License to enter into property to carry out development cannot be treated as Transfer in JDA Property Law Sanjuna Sudhakaran
18-12-2018 Section 56(2)(vii) of the Income Tax Act, 1961 does not apply to bonafide business transaction Direct Tax Sneha Sarbhusha
29-11-2018 Time Limit Prescribed In Insolvency and Bankruptcy Code- Not Mandatory Other Practice Areas Sanjuna Sudhakara
27-10-2018 Existence of “benami” transaction has to be proven by the person who alleges the transaction Property Law Sneha Sarbhusha
23-10-2018 Penalty cannot be levied if claim was as per judicial precedents Direct Tax Sneha Sarbhusha
05-10-2018 Amendments in specific relief acts, commercial courts act and arbitration and conciliation act Other Practice Areas Bharat Agarwal
12-09-2018 Challenge Permissible under section 34 of Arbitration Award Other Practice Areas Girish Mhatr
03-09-2018 It is open to authorities to grant stay against recovery of demand on deposit of a lesser than 20% of disputed demand, pending appeal Direct Tax Sneha Sarbhusha
01-09-2018 Cost of acquisition of plot allotted under 12.5% scheme shall be the fair market value as on date of allotment of the plot Direct Tax Sneha Sarbhusha
24-08-2018 Complaint can be filed against Builder by Land Owner as Consumer Real Estate Girish Mhatr
22-08-2018 Karta can sell Ancestral Property on Account of legal Necessity Direct Tax Sanjuna Sudhakaran
11-08-2018 Date of acquisition of a property not affected by perfection of title of immovable property and cost incurred for removal of encumbrances allowed as cost of acquisition Direct Tax Sneha Sarbhusha
10-08-2018 An order passed by a court having no jurisdiction is nullity Civil, Criminal & Commercial Litigation Sanjuna Sudhakara
06-08-2018 Applicability of section 68 on the introduction of share capital Direct Tax Sneha Sarbhusha
02-08-2018 Exemption to be allowed even if not claimed in Income Tax Return Direct Tax Sneha Sarbhusha
10-07-2018 Unsold shops held as “stock in trade” are not subject to computation of notional annual letting value u/s. 23 of the Income Tax Act, 1961 Direct Tax Sneha Sarbhusha
04-07-2018 De-registration of Co-operative Society to form Public Trust Civil, Criminal & Commercial Litigation Girish Mhatr
02-07-2018 Compensation received for alternate accommodation by the tenant from developer / owner in respect of redevelopment will attract GST GST Sneha Sarbhusha
22-06-2018 No addition of “on money” in hands of developers on presumption Direct Tax Sneha Sarbhusha
16-08-2017 Appellate Authorities can allow Additional Claims made by Assessee during the Proceedings Direct Tax Sanjuna Sudhakara