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Archive: 10 October 2019

Posts in 10 October 2019

FY 2018-19: Actions in September 2019 GST returns

October 10, 2019 146286 Views 20 comments Print

Unlike in FY 2017-18 where the assesses were provided with extension of time limit for rectifying the errors or omissions and availment of input tax credit through removal of difficulties (ROD) order no. 02/2018, the time limits for FY 2018-19 have yet been extended.

Analysis of GST Notifications dated 09th October 2019

October 10, 2019 35688 Views 2 comments Print

Further Changes Pursuant to The 37th GST Council Meeting in GST Law and Rules vide CBIC Central Tax notification No. 44 to 49/2019 dated 9th October 2019. Pursuant to the decisions taken at the 37th GST Council meeting, following changes have been made via issuance of notifications dated 09th October, 2019. A. DUE DATES FOR […]

Proceedings for winding up pending before Company Court can be transferred to NCLT under IBC

October 10, 2019 6696 Views 0 comment Print

The statutory scheme found in Section 434(1)(c) clearly is that the proceedings for winding up pending before the Company Court could be transferred to the NCLT and there is no provision for transfer of proceedings from the NCLT to the Company Court.

RFP for Appointment of Concurrent Auditor of IIFCL

October 10, 2019 1623 Views 0 comment Print

Request for Proposal (RFP) for Appointment of Concurrent Auditor for Concurrent Audit of Operations of India Infrastructure Finance Company Limited India Infrastructure Finance Company Limited A Govt. of India Enterprise (Registered with RBI w.e.f 9th September 2013 vide Certificate of Registration no. DNBS.ND. No.1222/Regn. New/04 17 004/2013 – 14) Regd. Office : Plate A & […]

Confiscation of conveyance & goods – Hearing / passing of speaking order mandatory

October 10, 2019 2874 Views 0 comment Print

Sitaram Roadways Vs State of Gujarat (Gujarat High Court) Observing that principles of natural justice were violated by the adjudicating authority, the Gujarat High Court has set aside the order of confiscation of conveyance and goods, earlier found to be not in possession of mandatory documents. The Court noted that petitioner was not afforded opportunity […]

Merely because a debt has not been repaid for over three years, would not automatically imply cessation of liability

October 10, 2019 1986 Views 0 comment Print

PCIT Vs Pukhraj S. Jain (Bombay High Court) It is well settled through series of judgements that merely because a debt has not been repaid for over three years, would not automatically imply cessation of liability. Exhaustion of period of limitation may prevent filing of recovery proceedings in a Court of law, nevertheless it cannot […]

IBC 2016 | Section 12A | Opportunities and Obstacles to Resolution

October 10, 2019 13764 Views 0 comment Print

Whether Section 12A is beneficial in the resolution process is debatable. Section 12A has proved to be beneficial only in cases where the amount in dispute is very less or wherever it is possible the Corporate Debtors makes an effort to settle it with the Creditors and this way the Creditors get the whole amount of claim or a better deal than what he might get if the company goes into insolvency, also the Corporate Debtor is able to retain control over the company.

These 5 platforms will help you get back in gear after festive season

October 10, 2019 948 Views 0 comment Print

In India, the period between October and December marks the much-awaited festive season. Starting from Navratri, people joyously celebrate Dussehra, Diwali, Bhai Dooj, Christmas and New Year. Most of us throw caution to the wind and make the most of this time, eating, shopping and travelling to our home towns. And why not? After working […]

Reopening of assessment for non-existent and factually incorrect reasons was invalid

October 10, 2019 3015 Views 0 comment Print

Shri Ram Mohan Rawat Vs ITO (ITAT Jaipur) Reasons recorded by the AO for formation of belief that income assessable to tax has escaped assessment are based on two counts. One, the assessee has made bogus purchases and the second, that the purchases are not verifiable as the as the  assessee has not filed the […]

‘Directors’ Duties in the Twilight Zone

October 10, 2019 3540 Views 0 comment Print

In the course of this article, the author will reflect on the shift in the director duties from a financially sound/stable company to a company in financial distress. This essay also seeks to highlight the various responsibilities that the directors now have towards the creditors of their companies, and the liabilities they may incur if they do not take cognisance of such responsibilities.

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