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Archive: November, 2010

Posts in November, 2010

Law of Arbitration in relation to a proceeding under section 397/398 of Companies Act, 1956?

November 22, 2010 931 Views 0 comment Print

Alternative Dispute Resolution Mechanism (ADR) is encouraged in view of the fact that there exists an unreasonable delay in the Courts. Among the other modes of Alternative Dispute Resolution (ADR), dispute resolution through Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 is being encouraged now. I am of the opinion that the Arbitration Mechanism is better suited for resolving corporate disputes and where there exists a consensus on “Arbitrator” and the procedure to be followed.

Constitutional Validity and retrospective levy of service tax on renting of immovable property upheld -Punjab and Haryana High Court

November 22, 2010 1407 Views 0 comment Print

Hon’ble Punjab & Haryana High Court in its decision dated 22 November 2010 on the issue of constitutional validity of the levy of service tax on renting of immovable property and the validity of the retrospective amendment to the definition of ‘renting of immovable property’ under Finance Act, 1994 ruled in favor of the Revenue.

Government may cancel 38 telecoms licences as recommended by TRAI

November 22, 2010 396 Views 0 comment Print

Late on Thursday, a source with direct knowledge of the matter said the Telecom Regulatory Authority of India recommended to the government that it cancel 38 telecoms licences because the operators did not meet rollout requirements. While shares in R

SEBI to reduce time for initial public offering process from 12 days to a week

November 22, 2010 411 Views 0 comment Print

SEBI is looking at reducing the time for initial public offering process from 12 days to a week, said Mr C.B. Bhave, Chairman of the regulator.This means, retail investors who apply for an issue through ASBA (application supported by blocked amount),

Excise Duty Dispute- SC sets aside tax order favouring bajaj auto

November 22, 2010 477 Views 0 comment Print

The Supreme Court of India last Friday set aside an order passed by the tax tribunal CESTAT, which had given a favourable order to Bajaj Auto (BSE:532977) in a case of dispute over the under-payment of excise duty to the government.The court set asid

ITAT rules in favour of Mukesh Ambani in tax case involving income of over Rs 2,000 crore

November 22, 2010 1099 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) has ruled in favour of Reliance Industries chairman Mukesh Ambani in a tax case involving income of over Rs2,000 crore. In a significant ruling, the Mumbai bench of ITAT has held that pledge of equity shares

SC upholds differential duty hours

November 22, 2010 522 Views 0 comment Print

The Supreme Court has held that differential treatment does not per se amount to violation of Article 14 (equality) of the Constitution. It violates Article 14 only when there is no conceivable reasonable basis and makes the working of the executive

Govt. Wins – Service tax on Renting Case – P&:H High Court Upholds Retrospective Validation from 01.6.2007

November 22, 2010 714 Views 0 comment Print

: It cannot be held that renting of property did not involve any service as service could only be in relation to property and not by renting of property. Renting of property for commercial purposes is certainly a service and has value for the service receiver. Even if it is held that transaction of transfer of right in immovable property did not involve value addition, the provision cannot be held to be void in absence of encroachment on List II.(Para 22) It is well settled that competent legislature can always clarify or validate a law retrospectively. It cannot be held to be harsh or arbitrary. Object of validating law is to rectify the defect in phraseology or lacuna and to effectuate and to carry out the object for which earlier law was enacted. (Para 23) we do not find any ground to set aside giving of retrospective effect to the amendment from

Reopening/revision of annual accounts after their adoption in AGM- ROC Circular

November 22, 2010 831 Views 0 comment Print

Your attention is drawn to the provisions of section 220 of the Companies Act, 1956 which provide for the manner in which annual accounts (viz balance sheet and profit and loss account etc) are laid before annual general meeting for adoption by shareholders and filed with Registrar.

Filing of ROC documents with delay on payment of additional fee

November 22, 2010 954 Views 0 comment Print

Section 611(2) of the Companies Act, 1956 permits filing of documents with delay, without prejudice to any other liability, on payment of additional fee not exceeding ten times of the statutory fees for filing documents. 2. Implementation of MCA-2

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