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Archive: March, 2021

Posts in March, 2021

Section 14 of IBC covers proceeding under Section138/141 against a corporate debtor but not against natural persons

March 3, 2021 5796 Views 0 comment Print

Section 14 of IBC covers proceeding under Section138/141 against a corporate debtor but not against natural persons The Apex Court vide its order dated 01.03.2021 in P Mohanraj v. M/S Shah Brothers Ispat Pvt Ltd ruled that the institution or continuation of a proceeding under Section 138/141 of the Negotiable Instruments Act (NI Act) will […]

Updates of MCA, SEBI, RBI & IBBI for the month of February 2021

March 3, 2021 9576 Views 0 comment Print

Article contains updates with respect to Notifications, Circulars, Rules, Regulations issued in the Month of February 2021 by Ministry of Corporate Affairs (MCA), Securities Exchange Board of India, Updates of the Reserve Bank of India (RBI), Insolvency and Bankruptcy Board of India (IBBI) and also includes Recent Corporate News. Article attempts to analyses Notifications, Circulars, […]

Consider application claiming for a special rate to be fixed based on add-ons made to goods manufactured: HC directs GST Commissioner

March 3, 2021 660 Views 0 comment Print

Ahinsha Chemicals Ltd. Vs Union of India (Gauhati High Court) This petition is instituted on the grievance that the Notification dated 27.03.2008 having been restored as per the judgment of the Supreme Court, two application dated 28.09.2020 under Clause 3(1) of the Notification No.20/2008-Central Excise dated 27.03.2008 was submitted by the petitioner claiming for a […]

HC dismisses condonation request made without submitting relevant evidence

March 3, 2021 1452 Views 0 comment Print

The present writ petition has been filed on 08.12.2020 with a delay of 1282 days. The entire blame for the delay has been placed at the door step of the tax consultant, who, according to the petitioner had prepared an appeal against the impugned order and, the petitioner believed, would file the same. The petitioner states that it could not follow up the matter with the consultant on account of severe financial losses and infighting between the partners in regard to the company’s management. No evidence whatsoever, has been placed in support of this submission and the delay of 1282 days amounting to nearly three years cannot be condoned on mere ipse dixit. Hence this Writ Petition is dismissed in limine.

No Section 68 Addition for Amount Already Shown Under Sales

March 3, 2021 3939 Views 0 comment Print

PCIT Vs Singhal Exim Pvt. Ltd. (Delhi High Court) On the aspect of additions being made under Section 68 of the Act, we notice that the ITAT was intrigued with the approach of the AO, and rightly so, in our view. The Assessee had worked out the business income after considering the sales and purchases […]

Tata Steel: ITAT refuses to stay adjustment of Demand against Refund

March 3, 2021 1098 Views 0 comment Print

Neither the conduct of the assessee, nor the approach of the assessee is appropriate. It is only when administrative remedies are exhausted that the assessee should approach a judicial or quasi-judicial forum. In any case, the conduct of the assessee, in not taking reasonable steps to ensure expeditious disposal of these appeals, does not impress us.

Appeal filed with condonation request is pending but not admitted appeal & Eligible for VSV Scheme

March 3, 2021 4452 Views 0 comment Print

Shyam Sunder Sethi Vs PCIT (Delhi High Court) The fact that the appeal included a plea of condonation of delay is not in dispute. Therefore, the appeal could not have been admitted unless the delay was condoned. But that by itself does not efface the fact that the appeal was pending. An appeal would be […]

Plea in HC to direct Govt to declare Judges, Advocates & Staff as frontline workers

March 3, 2021 531 Views 0 comment Print

Court On ITS Own Motion Vs Union of India & Ors. (Delhi High Court) FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. To deal with the raging COVID-19 Pandemic, and to provide protection to the masses, the Central Government and the State Governments have rolled out the vaccination drive. In the first round, the frontline […]

CVD/Anti-Subsidy Investigation Concerning Imports of Textured Tempered Glass- Reg.

March 3, 2021 564 Views 0 comment Print

NOTIFICATION CORRIGENDUM Final Finding in Countervailing Duty/Anti-subsidy investigation concerning imports of Textured Tempered Glass whether Coated or Uncoated from Malaysia.

CRCL gets recognised as a RCL of World Customs Organisation

March 3, 2021 687 Views 0 comment Print

Ministry of Finance Central Revenues Control Laboratory gets recognised as a Regional Customs Laboratory (RCL) of the World Customs Organisation Posted On: 02 MAR 2021 Central Revenues Control Laboratory (CRCL), New Delhi, under the Central Board of Indirect Taxes & Customs, was today recognized as a Regional Customs Laboratory (RCL) of the World Customs Organisation […]

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