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Archive: 04 May 2023

Posts in 04 May 2023

Without remote link between activities of other projects with PE, Force of Attraction Rule not apply

May 4, 2023 699 Views 0 comment Print

ITAT Delhi held that the Force of Attraction Rule doesn’t apply unless there is even a remote link between the activities of other projects is established with the PE.

Customs broker not obliged to do physical address verification of exporter

May 4, 2023 1152 Views 0 comment Print

CESTAT Kolkata held that customs broker cannot be alleged to have violated Regulation 10(n) for non-existence of the exporter at the address. Customs Broker is no required to carry out physical verification of the address of the exporter to met his obligation under Regulation 10(n).

Denial of TDS credit to deductee because of non-payment by deductor is untenable

May 4, 2023 2967 Views 0 comment Print

ITAT Hyderabad held that revenue cannot deny the TDS credit to the deductee for non-payment of TDS by the deductor. Revenue has to proceed against the deductor by holding him as an assessee-in-default.

No automatic bail rejection for mere twin conditions in Section 212 of Companies Act

May 4, 2023 5523 Views 0 comment Print

Section 212(6) contemplates that before a court decides to grant bail to an accused, public prosecutor must be given an opportunity to oppose bail application.

Area-based exemption available based on substitution undertaken vide notification 34/2005 dated 30.09.2005

May 4, 2023 825 Views 0 comment Print

CESTAT Chandigarh held that area-based exemption vide notification No. 50/2003 dated 10.06.2003 is available as per substitution in the said notification vide notification no. 34/2005 dated 30.09.2005.

Reopening beyond 4 years of assessment u/s 143(3) without allegation of non-disclosure is untenable

May 4, 2023 2865 Views 0 comment Print

ITAT Bangalore held that reopening beyond the period of 4 years of completion of assessment u/s 143(3) without allegation regarding non-disclosure of full and true material facts is bad-in-law.

Auditors cannot escape being probed if they resign; Section 140(5) of Companies Act constitutional: SC

May 4, 2023 18567 Views 0 comment Print

Challenge to constitutional validity of section 140(5) of Companies Act, 2013 fails and it is observed and held that section 140(5) is neither discriminatory, arbitrary and/or violative of Articles 14, 19(1)(g) of Constitution of India

GST Issues Surrounding GIDC Industrial Plots

May 4, 2023 12924 Views 0 comment Print

Several notices have been issued recently by the GST Authorities seeking to recover GST on the assignment of the leasehold rights by the occupiers of the industrial plots owned by GIDC. In the present article, we analyze the issues concerning (a) the levy of GST on such transactions and (b) the availability of the ITC if GST has been charged.

Demystifying Corporate Social Responsibility

May 4, 2023 1662 Views 0 comment Print

Corporate Social Responsibility, which refers to a company’s voluntary initiatives to take responsibility for its impact on society and the environment. CSR is the way in which companies integrate social and environmental concerns into their business operations and interactions with stakeholders, including customers, employees, shareholders, communities, and the planet.

Why you should or should not consider working in Dubai

May 4, 2023 1659 Views 0 comment Print

This blog post aims to provide a comprehensive comparison of lay off laws in India and Dubai, detailing the legal requirements and procedures an employer in both jurisdictions must adhere to when laying off an employee.

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