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Archive: February, 2023

Posts in February, 2023

Section 338 of Companies Act 2013 – Liability if Proper Accounts not kept

February 15, 2023 3255 Views 0 comment Print

Ensure compliance with Section 338 of Companies Act 2013. Proper accounts should be kept to avoid liability & fines. Follow the Act’s rules & regulations & review records regularly.

Section 339 of Companies Act 2013 – Fraudulent conduct of business

February 15, 2023 11799 Views 0 comment Print

Learn how Section 339 of the Companies Act 2013 addresses fraudulent conduct of business in India. Analysis of implications & effects on shareholders & stakeholders.

Artificial intelligence and IPR (Intellectual Property Rights)

February 14, 2023 5289 Views 0 comment Print

Explore the key considerations and challenges related to Artificial Intelligence (AI) and Intellectual Property Rights (IPR) in this article. Learn about patentability and copyright protection for AI-generated works. two uses of ‘Artificial intelligence and IPR (Intellectual Property Rights)

Assessment proceedings suffer from major procedural flaws due to lack of a proper SCN

February 14, 2023 2631 Views 0 comment Print

Held that, assessment proceedings suffer from serious procedural errors in absence of a proper SCN, where there were serious discrepancies in the proceedings. Thus, entire proceedings are vitiated.

Cancellation of GST registration without providing reason in SCN/Order is cryptic in nature

February 14, 2023 3645 Views 0 comment Print

HC quashed and set aside SCN and consequential GST registration cancellation order  on  ground of violation of principles of natural justice as no reasonable opportunity of hearing was given to assessee.

SCN/Order issued without giving any specific details or reasons for taking any action are not sustainable

February 14, 2023 8490 Views 0 comment Print

Held that, an unsigned notice/order cannot be considered as an order and hence cannot be sustained. Further, directed the assessee to submit the reply within 2 weeks and directed the Revenue Department to pass the fresh orders after the assessee has been heard.

Doctrine of Reverse Lifting of Corporate Veil – A Criticism

February 14, 2023 4728 Views 0 comment Print

Reverse lifting of corporate veils is a relatively new concept in company law and is slowly becoming the chosen method of dealing with the personal liabilities of shareholders who have committed fraud. But I will be arguing in my paper that the doctrine is far from capable of dealing with cases of fraud of shareholders who use companies as alter egos.

Non-Payment of Consideration within 180 Days – Traders in Big Trouble – ITC not eligible

February 14, 2023 3999 Views 0 comment Print

Fulfill your payment obligations to the supplier within 180 days & save yourself from legal & financial repercussions. Non-payment of consideration within 180 days can put traders in big trouble – ITC not eligible as per Section 16(2)(d).

SEBI (Real Estate Investment Trusts) (Amendment) Regulations, 2023

February 14, 2023 3714 Views 0 comment Print

These regulations may be called the Securities and Exchange Board of India (Real Estate Investment Trusts) (Amendment) Regulations, 2023.

Benefit of HRA duly available to Government employees posed in NE region

February 14, 2023 9039 Views 0 comment Print

Manipur High Court held that the benefit of HRA is for the welfare of the families of the employees who are posted in difficult stations like the North Eastern region. Accordingly, denial of benefit of HRA/ additional HRA to Central Government employees posed in NE region who had kept his family in previous place is unjustified.

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