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Archive: January, 2023

Posts in January, 2023

When & How to Strike Off Name of LLP from Register of LLPs

January 30, 2023 4275 Views 0 comment Print

An application is required to be made in E-Form 24 to Registrar of Companies for striking off name of the LLP with consent of all partners

GST search, seizure- HC dismisses writ – validity of panchnama under consideration – efficacious remedy

January 30, 2023 2427 Views 0 comment Print

Ashoo Road Lines Vs Union of India (Madhya Pradesh HC) HC held that Since a show cause notice dated 04.12.2020 has been issued to the petitioner and others in which the validity of the panchnama is under consideration, hence the petitioner is having efficacious remedy to contest the show cause notice before the adjudicating authority. […]

Ex-parte assessment order passed in violation of principles of natural justice entails civil consequences

January 30, 2023 1914 Views 0 comment Print

HC quashed ex-parte assessment order rejecting ITC claim & imposing tax as it was passed in violation of principles of natural justice

GST on development rights: Same war, different weapon

January 30, 2023 2943 Views 0 comment Print

Unravel the complexities of GST on development rights with a critical analysis. Explore the debate on the taxability of the transfer of development rights, dissecting joint development agreements. Learn how to minimize the impact of GST and segregate consideration between development rights and land sale. Dive into the intricacies of the tax landscape for a comprehensive understanding.

Classification of Services Under GST Law – A Problematic Lack of Objectivity

January 30, 2023 5889 Views 0 comment Print

Explore the challenges in the classification of services under GST law with a critical analysis of the Calcutta High Court decision. This paper delves into the lack of objectivity in the classification tests, examining real-life cases and disputes, and suggests the need for more specific criteria for accurate classification. Understand the implications and complexities in service categorization for better compliance.

BSE Circular mandating XBRL filing of announcement by listed companies

January 30, 2023 19488 Views 0 comment Print

Stay compliant with BSEs circular mandating XBRL filing for listed companies. Effective from January 28, 2023, disclosures under SEBI LODR Regulations, including Board Meeting intimations and outcomes, must be submitted in XBRL format. Understand the transition process and benefits for streamlined compliance.

IBBI suspends registration of IP for failure to take custody & control of assets of CD

January 30, 2023 2016 Views 0 comment Print

IBBI Disciplinary Committee is of the view that Mr. Abhishek Anand failed to take custody and control of the assets of CD and used the amount deposited by resolution applicant without getting the plan approved by AA and violated section 18(1)(f), 25(1), 25(2)(a), 31, 208 of the Code and regulation 7(2)(a), 7(2)(h) read with clause […]

FPI can be part of two investor groups: SEBI

January 30, 2023 1167 Views 0 comment Print

SEBI observed that there is no express bar in the FPI Regulations upon the FPIs to be part of multiple investor groups provided the investment limits specified in the FPI Regulations are not breached. Therefore, one FPI can be a part of two investor groups provided that all such investor groups adhere to the investment […]

RP is duty bound to bring all facts before CoC for taking appropriate decision: IBBI

January 30, 2023 1014 Views 0 comment Print

IBC 2016 leaves no room to RP for expediency or scope of interpretation of provisions in favour of any party. The RP is duty bound to bring all the facts before the CoC for taking appropriate decision. Again, post facto approval, after inviting fresh EOI from DSKL does not help the cause of Mr. Pankaj Sham Joshi either.

Weekly newsletter from Chairman, CBIC dated 30/01/2022

January 30, 2023 903 Views 0 comment Print

On the anti-evasion side, based on extensive data analysis, officers of Central Goods & Services Tax, Delhi Zone detected a case of availment of ineligible Input Tax Credit and short payment of tax in excess of Rs. 218 Crores. Out of this, an amount of Rs. 84 Crore has been since recovered. Kudos to the officers for their excellent detections. Keep up the good work!

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