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Archive: 18 February 2016

Posts in 18 February 2016

Cenvat of goods/ service used in construction of rented property allowed

February 18, 2016 6707 Views 1 comment Print

In the case of Nirlon Ltd. Vs. Commissioner of Central Excise,Mumbai, it was held that CENVAT credit of goods and services used to build an immovable property can be availed when such property has been given on rent and service tax liability is discharged on such rent received.

Mere order of ‘acquittal’ in order sheet is not judgment

February 18, 2016 1836 Views 0 comment Print

Petitioners would assail the common order dated 07.03.2008 passed by the High Court of Chhattisgarh through its Registrar General transferring ST No. 148/99 (State v. Smt. Kiran Singh and Others) and ST No. 71/95 (sic 71/99) (State v. T.P. Ratre) along with one civil suit and two civil appeals from the Court of Shri L.R. Thakur, Second Additional District & Sessions Judge, Ambikapur (for short “the ASJ”) to the Court of District & Sessions Judge, Surguja at Ambikapur (for short “the SJ”) for re-hearing the cases in accordance with law.

Selection on the post of District Judge (Entry Level) has to be made in accordance with the Chhattisgarh Higher Judicial Service (Recruitment and Conditions of Service) Rules, 2006.

February 18, 2016 867 Views 0 comment Print

Excellent question that emanates for consideration is, where recommendations made by Justice Shetty Commission and statutory Recruitment Rules namely the Chhattisgarh Higher Judicial Service (Recruitment and Conditions of Service) Rules, 2006, are at variance; which has to be followed in making selection and appointment for the post of District Judge (Entry Level).

CS in job should not be allowed to certify annual returns: ICSI

February 18, 2016 5239 Views 1 comment Print

ICSI submissions with reference to the recommendation that Company Secretaries in employment should be allowed to certify annual return is that the Annual Return must be certified independently by a Company Secretary in Practice only and not by the same person who has made the Annual Return himself.

ICSI Recommendations on Companies Law Committee Report, 2016

February 18, 2016 1522 Views 0 comment Print

ICSI Recommendations on Companies Law Committee Report, 2016 MCA may either relook the proposed amendment in context of ease of doing business or give the shelter as provided in section 4(7) of the Companies Act, 1956. Justification:      By    adding    explanation,    a private company subsidiary of Foreign body corporate would become subsidiary of Public Company and […]

Whole time KMP can serve one Company only: ICSI

February 18, 2016 14944 Views 1 comment Print

It may be clarified by way of suitable amendment in the Companies Act that the interpretation of ‘plural’ with reference to subsidiaries relating to appointment of Key Managerial Personnel in this report, is to be construed as ‘singular’ i.e. only one subsidiary.

Not allow KMP to hold multiple Position in same Company: ICSI

February 18, 2016 4251 Views 0 comment Print

In view of the enormous challenges faced by corporates, particularly in areas related to corporate compliances, corporate governance, Board Processes, Stakeholder Relationship etc., services of whole time company secretary is the need of the hour, therefore individual responsibilities of different KMPs should not be merged and they should remain responsible for the specific position they are holding in their organisation.

Notification No. 28/2016-Customs (N.T.) Dated: February 18, 2016

February 18, 2016 1150 Views 0 comment Print

In the notification 63/94-CUSTOMS (NT), dated the 21st November, 1994,, in the TABLE, against serial number 6 relating to land frontier of Nepal, in columns 3 and 4, after the existing entries, the following entries shall be inserted, namely:- Road connecting Sikta in West Champaran District, Bihar in India and Bhiswabazar in Nepal

Notification No 27/2016-Customs (N.T.) Dated: February 18, 2016

February 18, 2016 1520 Views 0 comment Print

In the Notification No.12/97-CUSTOMS (N.T.), dated the 2nd April, 1997 in the Table, against serial number 5, relating to the State of Haryana, in columns (3) and (4), after item (viii) and the entries relating thereto the following item and entries shall respectively be inserted, namely:-

NBFC– Factors (Reserve Bank) Directions, 2012 – Review

February 18, 2016 916 Views 0 comment Print

The Reserve Bank of India had reviewed the guidelines on provision of factoring services by banks and specified certain conditions under which banks can departmentally undertake factoring activities. To ensure against regulatory gaps/ arbitrage if any, arising from differential regulations as between NBFC-Factors and banks, the following clarifications/ instructions are being issued to NBFC – Factors for meticulous compliance.

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