"19 April 2017" Archive

Procedure for recovery of land revenue not discriminatory

Power Machines India Ltd Vs State of Madhya Pradesh & Org. (Supreme Court of India)

It is apparent from the aforesaid dictum of this Court that providing of plural remedies is valid when two or more remedies are available to a person even if inconsistent, they are valid. It is for the person to elect one of them and there is no question of repugnancy in providing such remedy....

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Transition Provisions under CGST Act, 2017 and Rules

Transition provision is one time provision which shall be applicable at the time of migration to GST on the appointed day. These provision may be said as most crucial because of migration of existing law in to GST and may face many challenges as well. Provisions have been well laid down in CGST Act,2017 and Rule of Transition....

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Posted Under: Corporate Law |

E-Way Bill rules under Goods and Services Tax law

The Goods and Service Tax (GST) is entering the final arena and no wonder throwing up much surprises. The intent was to ease and simplify the existing indirect tax reforms....

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Posted Under: Corporate Law |

Extend Crop Loan Waiver Scheme to All Farmers: Madras HC

National South Indian Vs The Government of Tamil Nadu (Madras High Court)

HC held that denial of benefit of waiver of crop loans to the farmers who had cultivated lands exceeding 5 acres is a clear discrimination violating Article 14 of the Constitution of India. ...

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Section 54F: Mere allotment letter issued by developer does not confer title

Rasiklal M. Parikh Vs Assistant Commissioner of Income Tax (Bombay High Court)

1. This appeal under Section 260 A of the Income Tax Act, 1961(the Act) assails the order dated 31st October, 2012 passed by the Income Tax Appellate Tribunal (Tribunal). The impugned order relates to Assessment Year 2006-07 2. This appeal was admitted on 28th January, 2015 on the following substantial questions of law:-...

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Central Warehousing Corporation Employees’ PF Amendment Regulations, 2017

No. CWC/FD-EPF-Regulation/Amendment/16-17 (19/04/2017)

(1) These regulations may be called the Central Warehousing Corporation Employees’ Provident Fund Amendment Regulations, 2017. (2) They shall come into force on the date of their publication in the Official Gazette....

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Interest is leviable on credit availed even if not utilised

C.C.E. & S.T., Surat II Vs Shri Rakesh M. Shah (CESTAT Ahmedabad)

Honble Supreme Court and jurisdictional High Courts gave the rulings that reversal of Cenvat credit will amount to not taking Cenvat credit and accordingly benefit of relevant exemption notifications was held to be available to such assessees who reverse Cenvat credit earlier taken. ...

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Cabinet approves Protocol amending DTAA between India and Portugal

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for signing of a Protocol amending the Convention between India and Portugal for avoidance of double taxation. The Protocol will also ensure prevention of fiscal evasion with respect to taxes on income....

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Posted Under: Corporate Law |

CAs to update PAN details to avoid blocking of Income Tax e-filing account

It has been informed by the Income Tax Department that the e-Filing account of the members, who have not provided their PAN details to the Institute but are using e-filing account with Income Tax Department, will be blocked by the Income Tax Authorities after April 30, 2017 in case the same is not updated....

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Posted Under: Corporate Law |

Casual vacancy due to resignation of Auditor under Companies Act, 2013 with relevant formats

The term casual vacancy has not been defined in the Companies Act, 2013. Generally, it means a vacancy caused due to death, disqualification and resignation of an auditor. Through this article, we are going to discuss casual vacancy arises due to resignation of Auditor in a Company under the Companies Act, 2013....

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Posted Under: Corporate Law |
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