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Archive: 16 December 2021

Posts in 16 December 2021

eForm NDH-1 Return of statutory compliances

December 16, 2021 14865 Views 0 comment Print

Part I – Law(s) Governing the eForm NDH-1 Section 406 of the Companies Act, 2013 & Rule 5 of Nidhi Rules, 2014 Every Nidhi shall within ninety days from the close of the first financial year after its incorporation and where applicable, the second financial year, file a return of statutory compliances in Form NDH-1. […]

Regarding settlement of trades executed on stock exchanges in IFSC

December 16, 2021 516 Views 0 comment Print

Regulation 32(1) of the IFSCA (Market Infrastructure Institutions) Regulations, 2021 state that the trading hours for all product categories shall be as decided by the recognised stock exchanges, based on cost-benefit analysis, but shall not exceed 23 hours and 30 minutes in a day and settlement shall be done at least twice a day.

eForm MGT-15 Form for filing Report on Annual General Meeting

December 16, 2021 16095 Views 0 comment Print

Part I – Law(s) Governing the eForm MGT-15 eForm MGT-15 is required to be filed pursuant to section 121(1) of the Companies Act, 2013 and Rule 31(2) of Companies (Management and Administration) Rules, 2014 which are reproduced for your reference. Section 121(1): Every listed public company shall prepare in the prescribed manner a report on […]

Faceless assessment not valid if Section 144B procedure not complied

December 16, 2021 9015 Views 0 comment Print

Gandhi Realty (India) Private limited Vs Assistant/Joint/Deputy Commissioner of Income Tax (Gujarat High Court) Sub-section (2) of section 144(B) says that every notice or order or any other electronic communication shall be delivered to the addressee, being the assessee, by way of placing an authenticated copy thereof in the assessee’s registered account; or by sending […]

eForm DPT-4 Statement regarding deposits existing on commencement of Act

December 16, 2021 2475 Views 0 comment Print

Part I – Law(s) Governing the eForm DPT-4 eForm DPT-4 is required to be filed pursuant to section 74 (1) of the Companies Act, 2013 and rule 20 of the Companies (Acceptance of Deposits) Rules, 2014 which are reproduced for your reference. Section 74(1): Where in respect of any deposit accepted by a company before […]

GST on Part Recovery of transport facility provided to employees

December 16, 2021 8112 Views 0 comment Print

In re Integrated Decisions And Systems India Pvt Ltd (GST AAR Maharashtra) Employer arranging transportation facility for their employees does not fall under the definition of business The AAR, Maharashtra in the matter of M/S. Integrated Decisions and Systems (India) Pvt. Ltd. [Advance Ruling No. GST-ARA-116/2019-20/B-113 dated December 16, 2021] held that, arranging the transport […]

 eForm ADT-3 Notice of Resignation by the Auditor

December 16, 2021 48477 Views 1 comment Print

Part I – Law(s) Governing the eForm ADT-3 Rule Number(s) eForm ADT-3 is required to be filed pursuant to Section 140(2) of the Companies Act, 2013 and Rule 8 of the Companies (Audit and Auditors) Rules, 2014 which are reproduced for your reference. Section 140: (2) The auditor who has resigned from the company shall […]

GST leviable on reimbursement of electricity and water charges and to be included in value of supply

December 16, 2021 53034 Views 0 comment Print

AAR held that, GST payable on electricity charges and water charges as per meter reading and collected from the recipients on actual reimbursement basis. Further, there is no authorization, obtained to act as pure agent and to make payment to third parties, therefore the assessee cannot be considered as a pure agent.

SC strikes down Twin Conditions for granting Bail under section 45 of PMLA

December 16, 2021 2823 Views 0 comment Print

At this stage, suffice for us to say that while referring to category ‘C’, inadvertently, Section 45 of Prevention of Money laundering Act (PMLA) has been mentioned which has been struck down by this Court. Learned ASG states that an amendment was made and that is pending challenge before this Court before a different Bench. That would be a matter to be considered by that Bench.

Burden to Prove Repayment of Amount Borrowed is on party claiming to paid: SC

December 16, 2021 5910 Views 0 comment Print

Supreme Court ruling on admission of money with onus to prove full settlement. Section 70, Indian Contract Act, discussed. Appellant entitled to decree.

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