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Archive: January, 2021

Posts in January, 2021

Refusal to accept delivery of notice is deemed acceptance of delivery & service of notice

January 5, 2021 3600 Views 0 comment Print

Sri D. Srinivasa Rao Vs. Vaishnovi Infratech Ltd (NCLAT) Brief Facts: An application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against Respondent- ‘Vaishnovi Infratech Ltd.’ (Corporate Debtor) filed by the Appellant- Operational Creditor was rejected by the Adjudicating Authority (National Company Law Tribunal), Hyderabad Bench, Special Bench on the ground that the […]

Application u/s 9 of IBC, 2016 is maintainable irrespective of amount of claim

January 5, 2021 5820 Views 0 comment Print

Aster Technologies Pvt. Ltd. Vs Solas Fire Safety Equipment Pvt. Ltd (NCLAT) Brief Facts: An application was filed under Section 9 of IBC and the Adjudicating Authority issued Notice but none appeared for Respondent. The Adjudicating Authority disposed of by directing the Respondent to settle the issue in question within a stipulated period while observing […]

Section 54F exemption allowable on sale proceed utilised for construction of residential property Within a period of 3 years

January 5, 2021 1740 Views 0 comment Print

Rajyalakshmi Reguraj Vs ITO (ITAT Bangalore) The A.O. had restricted the claim of exemption u/s 54F of the I.T.Act for the reason that the assessee had utilized only the sale consideration of Rs.1,75,83,000 out of the balance sale consideration of Rs.1,90,00,000 (Rs.2,40,00,000 – Rs.50,00,000) for the construction of a residential house. Accordingly, proportionately exemption u/s […]

Rule 86B of CGST Rules- Mysterious Puzzle

January 5, 2021 9485 Views 1 comment Print

With effect from 01.01.2021 vide Notification No. 94 /2020 – Central Tax, dated 22nd December 2020 a new rule i.e., 86B is inserted to curb the ongoing fake invoices transactions. 1. Legal Provision: Notwithstanding anything contained in these rules, the registered person shall not use the amount available in the electronic credit ledger to discharge […]

SC Upholds Centre’s Plan For Central Vista Project by 2:1 Majority

January 5, 2021 1947 Views 0 comment Print

Exercise of power by the Central Government under Section 11A(2) of the DDA Act, 1957 is just and proper and thus the modifications regarding change in land use of plot Nos. 2 to 8 in the Master Plan of Delhi, 2021/Zonal Development Plan for Zone-D and Zone-C vide impugned notification dated 20.3.2020 stands confirmed.

Depreciation eligible on right to collect Adda fees against expense on construction of Bus Terminal 

January 5, 2021 1200 Views 0 comment Print

Assessee also incurred expenditure in constructing Amritsar Bus Terminal on BOT basis and to recoup said investment, assessee was allowed to collect Adda fees from users of said bus terminal. The said right was business or commercial right in terms of section 32(1)(ii) and was an intangible asset, therefore, assessee was entitled to claim depreciation.

Contradiction of GST Rule 36(4) with Section 16

January 5, 2021 11163 Views 1 comment Print

The CBIC has introduced new Rule 36(4) vide Notification No: 49/2019-CT dt: 09.10.2019 which restricts Recipients from availing Input Tax Credit (ITC) over and above the ITC available in GSTR2A (Supplier Filed Data). This Rule is somehow contradictory to the Section 16 and let us see briefly how: Rule 36 (4)  “(4) Input tax credit […]

Operationalisation of Payments Infrastructure Development Fund Scheme

January 5, 2021 1695 Views 0 comment Print

PIDF is intended to subsidise deployment of payment acceptance infrastructure in Tier-3 to Tier-6 centres with special focus on North-Eastern States of the country. It envisages creating 30 lakh new touch points every year for digital payments.

IP violates code of conduct if fails to provide copies of certain records to Inspecting Authority

January 5, 2021 774 Views 0 comment Print

In view of above, the DC finds that Mr. Arumugam, as an RP, has contravened, the provisions of section 208(2)(a), clause 19 of the Code of Conduct under regulation 7(2)(h) of the IP Regulations for not providing the copies of certain records to the IA. The DC, therefore, in exercise of the powers conferred under […]

Introduction of Legal Entity Identifier for Large Value Transactions

January 5, 2021 1725 Views 0 comment Print

The Legal Entity Identifier (LEI) is a 20-digit number used to uniquely identify parties to financial transactions worldwide. It was conceived as a key measure to improve the quality and accuracy of financial data systems for better risk management post the Global Financial Crisis.

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