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Archive: 21 September 2022

Posts in 21 September 2022

Firewall between Credit Rating Agencies and their Affiliates

September 21, 2022 792 Views 0 comment Print

CRAs shall formulate a policy on separation or firewall practices with the non-rating entities and document the same in their internal operational manuals or governing document. Such policy, and revisions thereto, shall be ratified by the Board of Directors of the CRAs

NCLT has Discretion to not admit CIRP Application despite default by Corporate Debtor: SC

September 21, 2022 4476 Views 0 comment Print

NCLT and NCLAT fell in error in holding that once it was found that a debt existed and a Corporate Debtor was in default in payment of debt there would be no option to NCLT but to admit the petition under Section 7 of IBC.

Service tax demand Notice on Legal Services by Senior Advocate set aside

September 21, 2022 2310 Views 0 comment Print

Demand notice issued by the tax authorities to a Senior Advocate seeking payment of service tax on legal services provided by him to a legal firm was set aside as Notification No.30/2012-ST dated 20.06.2012 had been amended by way of substitution by virtue of two consecutive notifications, i.e., Notification No. 18/2016-ST dated 01.03.2016 and Notification No.34/2016-ST dated 06.06.2016

Penalty on import of timber after granting relaxation is unconstitutional: HC

September 21, 2022 1788 Views 0 comment Print

N D Timbers Vs Union of India (Gujarat High Court) The core question of law which falls for consideration by this Court is whether the levy of five time fees in the form of penalty upon the petitioners on import of timber after granting them relaxation for such import will violate the provisions of Article […]

Physical verification of Registered Office of Company – Incorporation Rule 25B

September 21, 2022 26046 Views 0 comment Print

 MCA has introduced an amendment in Companies (Incorporation) Rules, 2014 and inserted a new rule 25B  as per which the ROC can physically verify the registered office of the Company to check the authenticity of the registered  company.

Penalty u/s 112(a) imposed on customs broker as importer of undeclared/ undervalued goods not traceable

September 21, 2022 3021 Views 0 comment Print

Held that penalty u/s 112(a) imposed on customs broker is justified as importer of undeclared goods and undervalued goods is not traceable and the address as well as GST registration reflected in the documents are found to be fake.

Novation of MOU with execution of Supplemental Agreement cannot decided U/s. 11 of Arbitration Act

September 21, 2022 1803 Views 0 comment Print

All questions relating to novation of the MOU with the execution of the Supplemental Agreement and the significance of reference to the terms of the MOU in Clause-13 of the Supplemental Agreement, which touch upon the jurisdiction of the sole Arbitrator to enter reference of the dispute, must be decided by the sole Arbitrator as required under Section 16 of the Arbitration Act.

Company IPO – Due Diligence and Filling

September 21, 2022 10137 Views 2 comments Print

Discover the importance of due diligence and filling in company IPOs. Learn about the role of intermediaries like registrars and monitoring agencies.

Basics of Gratuity

September 21, 2022 9096 Views 1 comment Print

Understanding the Basics of Gratuity Learn about the applicability of the Payments of Gratuity Act 1972 and the benefits it offers to employees.

Excise Duty: Losses up to 1% allowed without detailed Scrutiny

September 21, 2022 1281 Views 0 comment Print

1981 Circular of the Board clarifies that losses of up to 1% can be allowed without detailed scrutiny and loss above 1% can be condoned after scrutiny, we find no reason to not condone losses in these cases as claimed.

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