I. Jursdiction clause in a contract cannot oust the rights of NCLT/NCLAT under the I&B Code. Excel Metal Processors Limited Vs. Benteler Trading International GMBH and Anr [Company Appeal (AT) (Insolvency) No. 782 of 2019], NCLAT; The NCLAT, while referring to Binani Industries Limited vs. Bank of Baroda and Anr.2018 SCC Online NCLAT 521, observed […]
Forensic Audit: Field to Explore Growing cyber crimes, failure of regulators to track the security scams, series of co-operative banks bursting – all are pinpointing the need of forensic accounting, irrespective of whether we understand the need or not. Forensic accounting seeks to uncover the what, why and how behind the computation and reporting of […]
Whether the sale / booking of units in a project after its first occupation and receipt of advance against that booking is classifiable under Para 5 of Schedule-III to the CGST Act, 2017 as sale of building and thus neither regarded as Supply of goods nor supply of services? Thus whether the same is outside the purview of Goods and Services Tax?
Article explains Who is a Company Secretary, Who is required to have company Secretary/ KMP, Time Period for such appointment of Company Secretary, Process for appointment of company secretary, Roles and Responsibilities of Company Secretary, Core Duties of the Company Secretary, Appointment of Company Secretary – Offence & Penalty: Section 203(5) and also provides Draft […]
The attestation of a Company Secretary (CS) on a certificate or any such document is of immense value since it usually signifies that the CS, in his professional opinion, has ensured that there is no misrepresentation by the entity issuing/submitting such a document. It was being observed that certain unscrupulous individuals were forging signatures while […]
Constitution of a Committee of Experts to examine the need for an Institutional framework for regulation and development of valuation professionals regarding
Please be aware that the rules related to filing of DIR-3 KYC i.e. Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 have been notified w.e.f 25th July 2019. Article explains about Who need to file DIR-3 KYC, Who need to file DIR-3 KYC-WEB, What is the due date to file these forms, What happens […]
Recently, various Real Estate Developers had approached the Supreme Court challenging the constitutional validity of the amendment made in the Insolvency and Bankruptcy Code (IBC) which deems the status of allottees as ‘financial creditors’ under the Act. Very recently the Supreme Court upheld the said amendment in Insolvency and Bankruptcy Code (IBC) and rejected the […]
The article briefly explains the concept of Forensic Auditing and the use of the technique in the detection of the frauds. The relevance of the concept has been highlighted -especially in the emerging scenario of continuous development in the fields of accounting and auditing. The article also touches upon the various inter-related concepts and the vital areas where the technique of Forensic Auditing can be best used in detecting the misappropriations and manipulations in the financial as well as operational matters.
The Insolvency and Bankruptcy Code (Amendment) Bill, 2019 was introduced in Rajya Sabha by the Minister of Finance, Ms. Nirmala Sitharaman, on July 24, 2019. The Bill amends the Insolvency and Bankruptcy Code, 2016. The Lok Sabha on August 01, 2019 passed the Insolvency and Bankruptcy Code (Amendment) Bill 2019 and the bill received the Presidential […]