"January, 2023" Archive - Page 20

Removal of director of a Company – Things to be kept in mind & Procedure

The directors of a company are responsible for managing and operating the business of a company. The shareholder are the owners of a company. There are times when a company i.e the shareholders want to remove a director because of different reasons maybe because he/she is not discharging their duty in the right way. In […]...

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Posted Under: Company Law |

Initiation of proceeding u/s 130 of CGST Act due to discrepancy in quantity in documents is justified

SASI Pathirakunnath Vs Assistant State Tax Officer (Intelligence) (Kerala High Court)

Kerala High Court held that discrepancy in quantity in the documents is sufficient for department to suspect the evasion of tax. Accordingly, initiation of proceedings u/s 130 of CGST/ SGST valid....

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Disallowance stating hedging transactions in non-cleared securities as illegal is unsustainable

Atul C. Vyas Vs ACIT (ITAT Mumbai)

ITAT Mumbai held that disallowance alleging that the hedging transactions in non-cleared securities are illegal are unsustainable in law...

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Migration of unadjusted TDS amount allowable under GST

Subhash Singh Choudhary through its proprietor Vs State of Jharkhand through the Secretary-cum-Commissioner (Jharkhand High Court)

Jharkhand High Court held that unadjusted TDS amount under Jharkhand Value Added Tax Act is allowed to be migrated under Jharkhand Goods and Services Tax Act, 2017....

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Order without stating reason of cancellation of GST registration is non-speaking

Amit Chandrakant Shah Vs State of Gujarat (Gujarat High Court)

Gujarat High Court held that order passed cancelling GST registration without mentioning the reason for said cancellation is non-speaking and cryptic in nature....

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Budget 2023 : Expectations

Finance Minister Nirmala Sitharaman shall present the 2023 budget to Parliament on February 1. Considering that this Budget will be the last full budget of the government’s current term, the nation awaits for an incentivizing Budget to boost various sectors and a Budget that focuses to scale towards the $1 trillion economy as well a...

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Posted Under: Company Law |

All about Remuneration paid to Directors of Listed Entity – Series 3

1. Executive Directors / Whole Time Directors of Public Listed Company What are additional compliances that are required to be complied with for payment of remuneration to Whole Time Directors / Executive directors of the listed entity? Remuneration payable to Whole Time Directors / Executive directors of listed entities is mainly governe...

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Posted Under: Company Law |

All about PAN and Aadhaar number linking

As per CBDT circular F. No. 370142/14/22-TPL dated on 30th March 2022, every person who has been allotted a PAN as on 1st July 2017 and is eligible to obtain Aadhaar number is required to link PAN with Aadhaar on or before 31st March, 2022. In order to mitigate the inconvenience to taxpayers, an additional […]...

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Posted Under: Company Law |

No Late fees to be charged if returns not filed due to cancellation of GST registration, which was restored subsequently

Modicum Enterprise (OPC) Private Limited Vs Deputy Commissioner of State Tax & Ors. (Calcutta High Court)

held that the assessee cannot be penalised by demanding late fee where, assessee had not filed GST returns due to cancellation of GST Registration on factually incorrect grounds....

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Upgradation of E- Forms in tune with V3 portal

MCA Notification dated 21.01.2022 contains a list of notifications issued by the Ministry of Corporate Affairs during 2023 for making amendments to the provision of the Companies Act 2013 and Rules made thereunder. Amendment to Companies (Incorporation) Rule, 2014: The following forms are covered in the recent amendment: SPICe+ PART A, SP...

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Posted Under: Company Law |