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Articles by FCS Deepak Pratap Singh

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SC: A "Going concern sale" on an "as is where basis" means sale of both assets & liabilities

  FCS Deepak Pratap Singh    13 April 2022 at 08:46

A 'going concern sale' on an 'as is where basis' does not dissolve the corporate debtor, rather, it forms a part of the liquidation estate wherein the entire business, including assets and liabilities, including all contracts, licences, concessions, agreements, benefits, privileges, rights, or interests, is transferred to the purchaser.



A debt not being part of resolution plan would not be legally actionable

  FCS Deepak Pratap Singh    12 April 2022 at 08:56

Once the resolution plan was approved, all claims stood frozen and a claim which did not form a part of the final resolution plan would not be legally actionable.



TDS on interest on PF contributions in excess of threshold limit

  FCS Deepak Pratap Singh    11 April 2022 at 08:45

EPFO ISSUED CIRCULAR CLARIFYING TDS ON INTEREST ON PF CONTRIBUTIONS IN EXCESS OF THE THRESHOLD LIMIT



Tax savings through HUF

  FCS Deepak Pratap Singh    11 April 2022 at 08:45

HUF is a creation of law and cannot be created by the act of parties, except in the case of adoption by member of HUF.



Concept of "Safe Harbour Rules" under Income Tax Act 1961

  FCS Deepak Pratap Singh    11 April 2022 at 08:45

Base erosion and profit shifting (BEPS) refers to corporate tax planning strategies used by multinationals to "shift" profits from higher-tax jurisdictions to lower-tax jurisdictions, thus "eroding" the "tax-base" of the higher-tax jurisdictions.



SC: Collective Investment Scheme floated by a private trust is illegal

  FCS Deepak Pratap Singh    08 April 2022 at 09:03

From the discussion and the decision of the Apex Court,it is clear that according to the statutory scheme a collective investment scheme can only be floated by a person in the form of a collective investment management company and not in any other form and this is why, under sub-section 2 of Section 11AA, the term “company" is used instead of "person."



SC: Any change in terms and conditions of insurance should be intimated to the insured at the time of renewal

  FCS Deepak Pratap Singh    07 April 2022 at 08:42

The undisputed facts are that the appellants contracted with the respondent (hereinafter referred to as "the insurer") and secured a medical insurance policy (hereinafter referred to as "Mediclaim"), for the first time in 1982.



Some facts related to trade secret

  FCS Deepak Pratap Singh    04 April 2022 at 09:02

A trade secret is information that has either actual or potential independent economic value by virtue of not being generally known



Non-disclosure or concealment of material facts under insurance

  FCS Deepak Pratap Singh    02 April 2022 at 09:13

A Mediclaim Policy is a non-life insurance policy meant to assure the policyholder in respect of certain expenses pertaining to injury, accidents or hospitalisation



SC: Claim against an unregistered vehicle is not payable

  FCS Deepak Pratap Singh    31 March 2022 at 09:34

From judgement of Apex Court mentioned above it is clear that Registration of a Vehicles according to the provisions of Section 39 of MVA,1988 is mandatory and a person without valid registration is not allowed to drive vehicle at public place.