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Archive: 09 January 2020

Posts in 09 January 2020

Sec 138 NI Act case cannot be quashed for mere Acceptance of Corporate Insolvency Resolution

January 9, 2020 14616 Views 0 comment Print

Where the proceedings under Section 138 of the Act had already commenced and during the pendency, the company gets dissolved, the directors and the other accused cannot escape by citing its dissolution. What is dissolved is only the company, not the personal penal liability of the accused covered under Section 141 of the Negotiable Instruments Act, 1881.

10 Useful Utilities at TRACES released by CPC (TDS) in Year 2019

January 9, 2020 10956 Views 1 comment Print

During the past year 2019, CPC (TDS) released a host of useful utilities at TRACES, including the following- 1. DIN Verification Functionality on TRACES Homepage wherein taxpayer can verify communication received from the department. 2. Aadhar based authentication in CPC (TDS) as additional authentication mode for TRACES users. 3. Form 16 – Part B generation […]

Excise Dept. cannot initiate proceedings for exemption notification violation

January 9, 2020 1521 Views 0 comment Print

Since Central Excise Department had not sanctioned any refund / rebate of the duty paid on the supplies to the EOUs by assessee-company  and the refund of TED was sanctioned by the DGFT thus, if DGFT had acted under the different provisions and the refund was sanctioned under those provisions, the proper authority was DGFT who could initiate proceedings against the assessee-company for violation of exemption notification and the Advance Authorization Licence not the Central Excise Department.

HC releases Detained Goods & Vehicle on Deposit of GST & Penalty

January 9, 2020 1344 Views 0 comment Print

Arya Traders Vs. State of Gujarat (Gujarat high court) The present writ petition is filed mainly for seeking release against the goods and vehicle without demanding any security. High Court states that, the goods and the conveyance came to be detained and seized way back on 9th July, 2019. Till this date, the goods and […]

Seized Vehicle along with Goods released on satisfaction of Rule 140 Requirement

January 9, 2020 1227 Views 0 comment Print

AK Overseas Vs. State of U.P. & Ors. (Allahabad High Court) The Petitioner has filed the writ petition to release the seized goods which are seized under Rule 140 of the Central Goods and Services Rules, 2017. High Court states that, in case the petitioner fulfills the requirement of Rule 140 together with its explanation, […]

Vehicle Seized with Goods Released on complying CGST Rule 140

January 9, 2020 1959 Views 0 comment Print

High Court states that if the petitioner fulfills the requirement of Rule 140 together with its explanation, Authorised GST officer will release his vehicle along with the goods within period of one week.

Analysis of Amended Rule 9 – Secretarial Audit Report

January 9, 2020 6309 Views 2 comments Print

MCA with vide notification dated January 03, 2019 has amended Rule 8A and 9 of  Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 regarding Appointment of Whole Time Company Secretary and Scope of Secretarial Audit for Companies.

Amendment in Rule 8A – Appointment of Company Secretaries

January 9, 2020 39519 Views 1 comment Print

Recent Notification: Amendment in Rule 8A of Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 (In-Nutshell) Recent Notification by MCA has given a Shock to entire CS Fraternity as it has put-down many job opportunities for Company Secretaries. But at the same time there have been a slight increase in opportunity for a Practicing […]

Section 175 | Passing Resolution by Circulation | Companies Act, 2013

January 9, 2020 38904 Views 0 comment Print

Passing the Resolution by Circulation is an alternative method for urgent matters instead of convening the Physical Board Meeting. Resolution shall be considered as passed when approved by the majority of Directors. As per the provisions of Section 175 of Companies Act, 2013, For passing the Resolution by Circulation, the resolution has to be circulated […]

Amendment to Master Direction on KYC due to PML Rules /introduction of V-CIP

January 9, 2020 1596 Views 0 comment Print

The process of V-CIP has been specified in Section 18 in terms of which, REs may undertake live V-CIP, to be carried out by an official of the RE, for establishment of an account based relationship with an individual customer, after obtaining his informed consent and shall adhere to the following stipulations:

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