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Archive: 05 March 2022

Posts in 05 March 2022

IBC 2016: Suspended Board of Director’ cannot displace a ‘Resolution Professional’

March 5, 2022 3138 Views 0 comment Print

NCLAT Chennai dismisses appeal on Resolution Professional change. Highlights Committee of Creditors’ authority in replacing Resolution Professional during CIRP.

Conversion of Private Company into OPC

March 5, 2022 12843 Views 8 comments Print

Conversion of Private Company into OPC A private company other than a company registered under Section 8 companies Act 2013, who having a share capital of 50 lakhs rupees or those having an average annual turnover in past 3 consecutive years is up to 2 crore rupees during the relevant period, may convert into one […]

NGO, Trust, School, College – Important Income Tax Provisions for AY 22-23

March 5, 2022 7533 Views 0 comment Print

CORPUS FUND/ SPECIFIC DONATION –SEPARATE BANK ACCOUNT REQUIRED TO DEPOSIT -Section 11(1)(d) ♦ W.e.f. AY 22-23 – the corpus donation or donation received for specific purpose like donation for construction of School Building, Hospital Building, Play Ground, or for Scholarship and so on for any other purpose, will be exempt only if it is deposited […]

Brief on amendments to Schedule III Division I to Companies Act, 2013

March 5, 2022 2754 Views 0 comment Print

Brief on amendments to Schedule III Division I to the Companies Act (for Companies whose financial statements are required to comply with the Accounting Standards). modified vide notification dated March 24, 2021 applicable to accounting years commencing on or after April 1st, 2021 Additional Disclosure are as under:  ♦ For Balance Sheet > Shareholding of Promotors: […]

Sector Specific Conditions On FDI For Agriculture & Animal Husbandry and Plantation Sector

March 5, 2022 7203 Views 0 comment Print

FDI is permitted in Different Sectors like Agriculture, Mining and Petroleum & Natural Gas Manufacturing, Services Sector Financial Services, and Other sectors such as Pharmaceuticals, etc., we will discuss sector-specific conditions specified in Agricultural Sector here. Before going into detailed Discussion, let’s discuss in short the Prohibited Sectors under FDI, where FDI is not permitted […]

CPC applied tax rate of 25% instead of Section 115BAA rate of 22% – HC directs CPC to dispose rectification application

March 5, 2022 1839 Views 0 comment Print

. In the present writ petition, it has been averred that though the Petitioner had opted to be taxed under Section 115BAA of the Act, wherein tax rate of 22% has been prescribed, yet the Respondents by the impugned order has applied the tax rate of 25% as mandated under Section 115BA of the Act.

Award of tender cannot be upset by Govt on baseless allegations of a loosing bidder

March 5, 2022 939 Views 0 comment Print

SAPL-Gcc Jv Vs Government of India (Karnataka High Court) There is no justification for the Central Govt. to constitute a Committee to enquire into alleged irregularities in the tender process on the baseless allegations of a loosing bidder whose offer after scrutiny was found to be substantively defective inter alia on the grounds that: the consortium […]

Denial of existence of account after returning of cheque with remark ‘Account Frozen’, SC orders full-fledged trial

March 5, 2022 1101 Views 0 comment Print

Vikram Singh Vs Shyoji Ram (Supreme Court of India) SC observed that it is surprising that on the one hand, the Bank Managers have specifically deposed that no such bank account was opened and maintained in their bank while on the other hand the cheque drawn by the respondent in favour of the appellant, was […]

Disinclination on the part of the first appellate authority to consider rectification is inexplicable: CESTAT

March 5, 2022 939 Views 0 comment Print

Radius Corporate Solutions (India) Pvt Ltd Vs Commissioner of Service Tax VII (CESTAT Mumbai) Though none appeared on behalf of the appellant to advance arguments in support of their challenge to order-in-appeal no. MKK/207/RGD-APP/2018-19 dated 30th August 2018 of Commissioner of Central Tax (Appeals), Raigad, the appeal is taken up, with the assistance of Learned […]

Refund not eligible for Cenvat Credit Reversed Voluntarily before transition to GST

March 5, 2022 1962 Views 0 comment Print

Solara Active Pharma Sciences Ltd. Vs Commissioner of CGST (CESTAT Mumbai) Undisputedly in the present case appellant had filed a refund claim with the jurisdictional Assistant Commissioner claiming refund of Rs 8,59,420/- on 09.02.2017. The refund claim was adjudged in favour of appellants by the said authority vide order dated 05.05.2017 to the extent of […]

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