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Archive: 23 February 2022

Posts in 23 February 2022

Rule 86A: Order blocking ECL passed without satisfaction by Competent Authority is invalid

February 23, 2022 8523 Views 0 comment Print

New Nalbandh Traders Vs State of Gujarat (Gujarat High Court) Rule 86A has two pre-requisites to be fulfilled before the power of disallowing of debit of suitable amount to the Electronic Credit Ledger or blocking of ECL to the extent of the amount fraudulently or wrongly availed of is exercised. The first pre-requisite is of […]

Flight and Maritime Connectivity (Amendment) Rules, 2022

February 23, 2022 513 Views 0 comment Print

FDI up to 100% under automatic route. Certified copy of FIPB / FIPP approval is required to be enclosed in case if FDI is from an entity of a country, which shares land border with India or beneficial owner of an investment into India is situated in or is a citizen of any such country.

Obesity is not a disease – Orlistat pellet cannot be classified as medicaments

February 23, 2022 3906 Views 0 comment Print

In re Smt. Rama Devi Guttikonda (GST AAR Telangana) AAR held that Obesity is not a disease and hence reduction of weight cannot be seen as a treatment against a disease. Therefore The pharmaceutical Pellets and Granules except Orlistat pellet manufactured by the applicant can be classified as medicaments under Sl. No.62 of Schedule II […]

No ITC on gifts or rewards given without consideration

February 23, 2022 13467 Views 0 comment Print

In re GRB Dairy Foods Pvt. Ltd (GST AAAR Tamilnadu) As per the provisions of the CGST Act/TNGST Act 2017 more precisely, Section 17(5) of the Act, the gifts or rewards given without consideration even though they were given for sales promotion do not qualify as inputs for the purposes of Credit, since no GST […]

Upcoming GSTR-1/IFF enhancements

February 23, 2022 20991 Views 2 comments Print

Upcoming GSTR-1 enhancements & improvements : 1. The statement of outward supplies in FORM GSTR-1 is to be furnished by all normal taxpayers on a monthly or quarterly basis, as applicable. Quarterly GSTR-1 filers have also been provided with an optional Invoice Furnishing Facility (IFF) for reporting their outward supplies to registered persons (B2B supplies) […]

NCLAT permits withdrawal of CIRP – Operational Creditor can avail appropriate legal remedy

February 23, 2022 1323 Views 0 comment Print

Go Airlines (India) Ltd. Vs Sovika Aviation Services Pvt. Ltd. (NCLAT Delhi) Heard Shri Krishnendu Datta, learned senior counsel for the Appellant and Shri Ritin Rai, learned senior counsel appearing for the Respondent. This Appeal has been filed against the order dated 23.09.2021 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench by […]

NCLAT allows exclusion of 90 days from the CIRP

February 23, 2022 2937 Views 0 comment Print

In Re Vinod Tarachand Agrawal Resolution Profession of Mayfair Leisures Limited (NCLAT Delhi) The Ld counsel for the appellant has stated that the exclusion of 90 days from the CIRP of the CD would save the company from ‘Liquidation’. It was also pointed out by the ld. Counsel that there was a ‘Prospective Resolution Applicant’ […]

No Service Tax on amount recovered as Liquidated Damages

February 23, 2022 2643 Views 0 comment Print

Rajcomp Info Service Limited Vs Commissioner (CESTAT Delhi) In this case Liquidated damages, has been held to be susceptible to service tax under section 66E(e) of the Finance Act by the Commissioner as an amount received for tolerating an act. According to the appellant, the liquidated damages recovered on account of breach or non-performance of […]

Sales Tax dues of Company cannot be recovered from directors

February 23, 2022 5643 Views 0 comment Print

Nehal Ashwinkumar Shah Vs State of Gujarat (Gujarat High Court) Gujarat High Court held that unlike Section 179 of the Income Tax Act, 1961, there is no provision in the Sales Tax Act fastening the liability of the company to pay its sales tax dues on its Director. It further held that The attachment on […]

CA accused of Hawala Scam, gets Anticipatory Bail

February 23, 2022 5253 Views 0 comment Print

Mukund Dattatray Kurne Vs State of Gujarat (Civil & Session Court Ahmedabad) The ld advocate argued that applicant is a Chartered Accountant and he had appointed as C.A and he had audited account for the year 2014-15 and 2015-2016. He has argued that this applicant is not a director and contended that the role of […]

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