"October, 2019" Archive - Page 39

ED cannot attach property of Corporate Debtor undergoing CIRP without prior approval of Appellate Tribunal

JSW Steel Limited Vs Mahender Kumar Khandelwal & Anr. (NCLAT)

The Director, Deputy Director and other officers of ‘Directorate of Enforcement’ are prohibited from attachment of any property of the ‘Corporate Debtor’ (Bhushan Power and Steel Limited) without prior approval of this Appellate Tribunal. The property already attached by them be released in favour of the ‘Resolution Professional...

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Posted Under: Company Law |

All about Limited Review under SEBI Law

1. Introduction a. Limited Review can be defined as the audit of financial statements on quarterly basis. b. Listed companies are required to conduct limited review through statutory auditors c. Every listed co. under clause 41 of the listing agreement is required to furnish the unaudited quarterly result in the prescribed format to the c...

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Posted Under: Company Law |

ITAT upheld addition for accommodation entry receipts as LTCG

Suman Poddar Vs ITO (ITAT Delhi)

Suman Poddar Vs ITO (ITAT Delhi) The evidences put forth by the Revenue regarding the entry operation fairly leads to a conclusion that the assessee is one of the beneficiaries of the accommodation entry receipts in the form of long-term capital gains. The assessee has failed to prove that the share transactions are genuine and […]...

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How to View Notices/ Orders & Reply to query on GST Refund Application

A. FAQs > View notices/orders and File Reply to the Issued Notice General Q.1 How can I view my saved/filed application, track it’s status and view associated notices and orders for refund applications filed before or after 26th September 2019? Ans. Refund Application Filed Form Name View Saved/ Filed Application Track Applicatio...

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Posted Under: Company Law |

AI – Director..The New Paradigm of Director Role

AI-DIRECTOR Stands for Artificial Intelligence Director The world lacks leaders as traditional knowledge makes the leaders of no use. The director’s qualification in the companies ACT is legal framework but in real terms, the definition needs to be broad-based. The role of the directors and the board composition will be one of the bigge...

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Posted Under: Company Law |

ITAT Can Direct CIT To Register A Trust Under Section 12AA

CIT Vs M/s. Reham Foundation Kandhari Lane Lal Bagh Lucknow (High Court Allahabad, Lucknow Bench)

The income tax Appellate Tribunal while hearing an Appeal under Section 254(1) in a matter where registration under Section 12(AA) has been denied by Commissioner income tax can itself pass an order directing commissioner to grant registration in case the income tax Appellate Tribunal disagrees with the satisfaction of the Commissioner on...

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No ITC on inputs/ capital goods for creation of warehouse for renting

In re Dhingra Trucking Pvt. Ltd. (GST AAR Haryana)

 In re Dhingra Trucking Pvt. Ltd. (GST AAR Haryana) Q1. Whether input tax credit of GST in respect of inputs/ capital goods used or intended to be used for creation of covered logistics facility space (warehouse) to be rented out for storage purposes be eligible for input tax credit under the provisions of section 16 […]...

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Intermediary services not exempt under GST Notification 12/2017 CT (Rate)

In re Mcdonald Pelz Global Commodities India Pvt. Ltd. (GST AAR Haryana)

In re Mcdonald Pelz Global Commodities India Pvt. Ltd. (GST AAR Haryana) Mr. A appoints Mr. B to procure certain goods from the market. Mr. B identifies various suppliers who can provide the goods as desired by Mr. A, and asks the supplier (Mr. C) to send the goods and issue the invoice directly to […]...

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IBC 2016 | The Code for Resolution

IBC Code is one of the most crucial reforms initiated in recent years that represents a paradigm shift for insolvency resolution in India. The Code is a game-changer in the sense that it motivates the management and promoters of firms to avoid default as their inefficiencies to operate above the optimum level may lead to shift in control...

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Posted Under: Company Law |

IBC 2016| The Code for Economic Growth

It might be useful to assess how the IBC Code is influencing the behaviour of various participants in the chain of economic growth. According to the author, they can be grouped into six broad categories, viz., lenders, operational creditors, borrowers, entrepreneurs, workforce and the economy at large....

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Posted Under: Company Law |

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