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Archive: 20 April 2022

Posts in 20 April 2022

Court can condone delay in Appeal filing if sufficient cause exist

April 20, 2022 28023 Views 0 comment Print

Sri Suhas Suresh Shet Vs ITO (ITAT Bangalore) In the matter of condonation of delay in filing appeals beyond the limitation period, the courts are empowered to condone the delay, provided the litigant is able to demonstrate that there was ‘sufficient cause’ in preferring appeal beyond the limitation period. The Courts have also held that […]

Industrial Entrepreneur Memorandum

April 20, 2022 20373 Views 2 comments Print

Industrial Entrepreneur Memorandum or IEM is the information filed by such industrial undertakings to the government of India which are exempted from the requirement of obtaining an industrial license under the Industrial (Development and Regulation) Act, 1951.

Section 138 NI Act Versus Moratorium In IBC

April 20, 2022 16710 Views 2 comments Print

In recent times of increasing economic fraud and cheating, Section 138 of Negotiable Instruments Act, 1881 which prescribe liability of the drawer of cheque in the event the cheque is dishonoured, provides safeguard to holder of cheque. However, due to multiplicity of litigation in various legislations cause delay in disposal of complaints under Section 138 […]

Section 160 – Companies Act 2013 – Right of Persons other than Retiring Directors to Stand for Directorship

April 20, 2022 26739 Views 0 comment Print

SECTION 160 OF THE COMPANIES ACT, 2013 Chapter-XI Appointment and Qualifications of Directors Right of Persons Other than Retiring Directors to Stand for Directorship This section deals with the rights of person other than retiring director under Section 152 of the Companies Act, 2013 (1) A person who is not a retiring director in terms […]

Analysis of Amendments in Schedule III to Companies Act, 2013

April 20, 2022 9189 Views 0 comment Print

The Ministry of Corporate Affairs vide Notification G.S.R. 207(E) dt. 24th March 2021 has amended Schedule III to the Companies Act, 2013 which shall be effective from the 1st day of April 2021. With this notification, various additional disclosures are being incorporated which are to reported while preparing the financial statements of an entity. Schedule III […]

Notice based on difference in ST 3 vs. 26AS – All you need to know

April 20, 2022 46011 Views 5 comments Print

Introduction In the recent times, it has been observed that CGST department has been issuing show-cause notices (SCN) in bulk mainly w.r.t FY 15-16 & 16-17 seeking to demand service tax on the differential amounts as determined based on the turnover/receipts disclosed in the ST 3 i.e., service tax returns and the receipts reported in […]

ITAT Stays Demand due to non-deduction of TDS on Reinsurance Commission

April 20, 2022 1203 Views 0 comment Print

AXA France Vie Vs ACIT (ITAT Delhi) It is evident, the demand in dispute is as a result of disallowance made under section 40(a)(ia) of the Act due to alleged non-compliance with the provisions of section 194D of the Act. It is the claim of the assessee that the provision contained under section 194D is […]

Benefit of concessional rate of GST on Works Contract for Excavation Work

April 20, 2022 1554 Views 0 comment Print

Since the major part of the work order, i.e., about 91%, is ‘Earth Work, the said work order of JV qualifies for the benefit of exemption under Sr. No. 3A of the Notification No. 12/2017-CTR dt. 08.06.2017, as amended by Notification No. 2/2018-CTR dt 25.01.2018, i.e. GST rate is NIL as Sr. no. 3 of Eleventh Schedule of Article 243G of the Constitution

GST on work contract for Earth Work such as Excavation for Tunnel etc

April 20, 2022 7542 Views 0 comment Print

As per stages of completion of work, Ai raising invoice to GMIDC, Aurangabad and on the same basis, as a JV member, applicant is raising invoice to N. Applicant, as a Ai member has got work order consisting of Earth Work such as Excavation for Tunnel, removing of excavated stuff, providing steel support, rock bolting, reinforcement, fixing of chain link, cement concerting etc. wherein total earth work is approximately 91%, construction work being around 9% wherein transfer of property is involved.

SEBI Streamlines Process of Public Issues & redressal of Investor grievances

April 20, 2022 888 Views 0 comment Print

The Circular provided a mechanism of compensation to investors for delay in unblocking of application amounts by SCSBs and has prescribed certain compliance and reporting standards to be adopted by SCSBs.

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