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Archive: 27 August 2020

Posts in 27 August 2020

Subscription Money Not Paid in Balance Sheet of Company- Companies Act, 2013

August 27, 2020 32103 Views 4 comments Print

Position of Subscription Money Not Paid in Balance Sheet of Company & under various provisions of Companies Act, 2013 In case of newly incorporated company, situation may occur when subscribers to the Memorandum of Association (‘MOA’) fails to pay subscription money as agreed by them in MOA. Earlier there was no time limit prescribed in […]

Interpretation of ‘Section 235’ of Companies Act, 2013

August 27, 2020 18666 Views 2 comments Print

Section 235 provides a power to such ‘acquirer’  (individually or along with PAC) who holds 90% or who obtains approval 90% of shareholders of transferee for transfer of shares within a period of 4 months from the date of offer, of total shares of the Company to Compel the Dissenting shareholder to sell off their shares against their wish.

HC Quashes Notification Increasing Tax Rate on Petrol & Diesel in Puducherry

August 27, 2020 750 Views 1 comment Print

the petitioner seek quashing of notification for increasing the rate of tax payable in respect of Petrol and Diesel and fixing the same at 28% and 21.8% respectively.

Grievance Resolution between listed entities & proxy advisers- Implantation WEF 01.01.2020

August 27, 2020 960 Views 1 comment Print

Provisions of SEBI Circular dated August 04, 2020 related to ‘Grievance Resolution between listed entities and proxy advisers’ shall also be applicable with effect from January 01, 2021.

PoA for opening of client demat account is optional: SEBI

August 27, 2020 1095 Views 0 comment Print

PoA is optional and should not be insisted upon by the stock broker / stock broker depository participant for opening of the client account. PoA executed in favour of stock broker / stock broker depository participant by the client shall be utilized For transfer of securities held in the beneficial owner accounts of the client towards Stock Exchange related deliveries / settlement obligations arising out of trades executed by clients on the Stock Exchange through the same stock broker.

Procedural Guidelines for Proxy Advisors applicable from 01.01.2021

August 27, 2020 360 Views 0 comment Print

Provisions of said SEBI Circular on Procedural Guidelines for Proxy Advisors applicable shall be applicable with effect from January 01, 2021.

Solvency Margin for Crop Insurance business

August 27, 2020 444 Views 0 comment Print

Premium receivables related to State / Central Government sponsored schemes for the Q1 and Q2 of the FY 2020-21 to the extent they are not realized within a period of one year should be placed with value zero.

Anti Profiteering Law Violation penalty effective from 01.01.2020

August 27, 2020 567 Views 0 comment Print

Peeyush Awasthi Vs Sun Infra Services Pvt. Ltd. (NAA) Since no penalty provisions were in existence between the period w.e.f. 01.07.2017 to 30.06.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) also cannot be imposed on the Respondent retrospectively. Accordingly, the notice dated 05.07.2019 issued […]

Not passed ITC Benefit before 01.01.2020 but no section 171(3A) Penalty

August 27, 2020 600 Views 0 comment Print

Pawan Kumar Vs S3 Buildwell LLP (NAA) 1. The brief facts of the present case are that the Applicant No. 72 (here-in-after referred to as the DGAP) vide his Report dated 04.06.2019, furnished to this Authority under Rule 129 (6) of the Central Goods & Services Tax (CGST) Rules, 2017, had submitted that he had […]

No Section 171(3A) penalty for violations between 01.07.2017 to 30.09.2018

August 27, 2020 414 Views 0 comment Print

Sandeep Kumar Vs Nani Resorts and Floriculture Pvt. Ltd. (NAA) Penalty should not be imposed for violation of the provisions of Section 171(1) during the period from 01.07.2017 to 30.09.2018 as the provisions of Section 171(3A) have come into force from 01.01.2020 and they cannot have retrospective operation. FULL TEXT OF ORDER OF NATIONAL ANTI-PROFITEERING […]

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