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Archive: September, 2022

Posts in September, 2022

Entity Issuing ‘Letter of Comfort’ cannot be treated as Corporate Debtor or Guarantor under IBC

September 8, 2022 2640 Views 0 comment Print

NCLT held that entity issuing ‘Letter of Comfort’ cannot be treated as ‘Corporate Debtor/Corporate Guarantor’ under IBC, 2016

Company not appointed internal auditors – MCA imposes penalty

September 8, 2022 6039 Views 0 comment Print

Indira IVF Hospital Private Limited, along with key officers, recently underwent an adjudication process for failing to appoint internal auditors as mandated by Section 138 of the Companies Act, 2013. This article provides a detailed analysis of the violation, the arguments presented, and the penalty imposed by the Registrar of Companies, Rajasthan, Jaipur. The case […]

Debt converted into equity cannot be treated as Debt – NCLT is a summary court

September 8, 2022 1734 Views 0 comment Print

NCLT is a summary court and hence, we cannot venture into a detailed proceeding, the main points in a section 7 petition is to check whether there is a debt and default with the aid of the documents annexed with the pleadings. In the present case, the debt as been converted into equity shares, hence there is no debt at the present.

Maintainability of Appeal against Award passed under Motor Vehicles Amendment Act, 2019 of less than Rs. 1 lakh 

September 8, 2022 8712 Views 0 comment Print

Filing of an appeal against an Award of less than a sum of Rs.1,00,000/- can be entertained in respect of appeals arising out of claim petitions filed prior to 01.04.2022.

SC dismisses SLP against notice u/s 148A(b) & P&H HC order in Gian Castings

September 8, 2022 4671 Views 0 comment Print

AO has passed order u/s 148A(d) and issued notice u/s 148 of the Act. The AO was issued notice u/s 148A(b) of the Act along with details of information and the inquiry forming basis of reopening.

Arbitral award could be set aside if Terms and Conditions of Contract has not been followed: JK High Court

September 8, 2022 5835 Views 0 comment Print

rbitral award was set aside partially by the Hon’ble High court on the basis that the arbitrator has clearly exceeded his jurisdiction and has awarded most of the items of claims by either ignoring the terms and conditions of the contract or acting in derogation therefrom.

Refiling after removal of defects not amount to fresh filing: NCLAT

September 8, 2022 5772 Views 0 comment Print

NCLAT held that time period of 7 days for removal of defects is directory and refiling after removal of defects not amounts to a fresh filing.

New Cryptocurrency Tax Rules In India: Everything You Need To Know

September 8, 2022 9074 Views 0 comment Print

Explore the comprehensive guide on new cryptocurrency tax rules in India, covering virtual digital asset definition, history, taxation before and after 01/04/2022, and practical illustrations.

Section 271(1)(c) Penalty proceedings initiated against Assessee cannot continue against Legal Heir

September 8, 2022 2802 Views 0 comment Print

Impugned Section 271(1)(c) Penalty proceedings imposed by AO is not maintainable against assessee’s legal heir under section 159 of Act

18% GST payable on construction work contract services to UP Jal Nigam

September 8, 2022 3690 Views 0 comment Print

18% GST payable on non-commercial establishments construction work contract services provided to Uttar Pradesh Jal Nigam

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