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Archive: 15 November 2022

Posts in 15 November 2022

Penalty reduced as company was having accumulated losses & not in a position to employ CS

November 15, 2022 876 Views 0 comment Print

Company is having accumulated losses and not in a position to employ a Whole Time Company Secretary. Though the Company has earned some profits during the last two years, it is not sufficient to make its net worth positive.

Non-appointment of CS as Company was not in a cosmopolitan area – Penalty reduced

November 15, 2022 732 Views 0 comment Print

F.No:9/72/ADJ/SEC. 203/2013/ANDHRA PRADESH /RD(SER)/2022/5492 BEFORE THE REGIONAL DIRECTOR, SOUTH EAST REGION MINISTRY OF CORPORATE AFFAIRS, HYDERABAD IN THE MATTER OF COMPANIES ACT, 2013 IN THE MATTER OF SAUMYA MEDICAL CARE AND MEDIA LIMITED 1. M/s. Saumya Medical Care And Media Limited 2. Mr. Suresh Chintamaneni, Managing Director Appellants Date of hearing :15.11.2022 Present : Mr. […]

More than 15% of revenue generated from India can’t be attributed to Permanent Establishment: ITAT

November 15, 2022 702 Views 0 comment Print

The ITAT by relying upon the Judgment of co-ordinate Bench, wherein co-ordinate Bench followed the Judgment of Jurisdictional High Court have observed that 15% of the revenue relating to bookings made from India being attributable to the taxpayers PE in India after considering the nature and extent of activities in India and abroad and assets employed & risk assumed.

Addition towards unexplained investment u/s 69 on loose sheet is unsustainable

November 15, 2022 2496 Views 0 comment Print

ITAT Delhi held that addition of unexplained investment under section 69 of the Income Tax Act merely on the basis of loose sheet alone without any other corroborative evidence is unsustainable in law.

Interest on loan borrowed for project held as stock-in-trade is revenue expenditure

November 15, 2022 1683 Views 0 comment Print

ITAT Mumbai held that it is an undisputed fact that loan is borrowed for the purpose of project and the said project constitutes stock-in-trade. Accordingly, interest expenditure cannot be disallowed by capitalizing it to work in progress. Such interest expenditure is revenue in nature.

Central Goods and Services Tax (Third Amendment) Rules, 2022

November 15, 2022 23301 Views 2 comments Print

Effect given in GSTR 9 for 30th November 2022 (Last Date to Claim ITC for FY 21-22 and Last Date to Amend Invoice Pertaining to FY 21-22) vide Notification No. 22/2022–Central Tax | Dated: 15th November, 2022. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) New Delhi Notification No. 22/2022–Central […]

Policy Administration Charges leviable to service tax w.e.f. 01.05.2011

November 15, 2022 822 Views 0 comment Print

CESTAT Delhi held that Policy Administration Charges is leviable to service tax with effect from 01.05.2011 via amendment to definition under section 65(105)(zx) of the Finance Act, wherein, the words ‘by an insurer including re-insurer carrying on life insurance business’ are substituted.

Preliminary views cannot be considered as voting instructions by creditors under CIRP Regulations

November 15, 2022 627 Views 0 comment Print

The DC notes from the perusal of the minutes of the 6th CoC meeting that the meeting was held on 17.10.2020 and the preliminary views were taken before starting the meeting on 15.10.2020 at 8 pm till 16.10.2020 at 9 p.m. Further, the DC noted that the minutes clearly state that out of total 136 […]

SEBI (Alternative Investment Funds) (Fourth Amendment) Regulations, 2022

November 15, 2022 2421 Views 0 comment Print

These Regulations may be called the Securities and Exchange Board of India (Alternative Investment Funds) (Fourth Amendment) Regulations, 2022.

Securities Contracts (Regulation) (Stock Exchanges & Clearing Corporations) (Second Amendment) Regulations, 2022

November 15, 2022 615 Views 0 comment Print

SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Mumbai, the 15th November, 2022 SECURITIES CONTRACTS (REGULATION) (STOCK EXCHANGES AND CLEARING CORPORATIONS) (SECOND AMENDMENT) REGULATIONS, 2022 No. SEBI/LAD-NRO/GN/2022/104.—In exercise of the powers conferred by sections 4, 8A and 31 of the Securities Contracts (Regulation) Act, 1956, read with sections 11 and 30 of the Securities and Exchange […]

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