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Archive: 05 May 2023

Posts in 05 May 2023

Compensation of Research Analysts under SEBI (Research Analysts) Regulations, 2014

May 5, 2023 2175 Views 0 comment Print

Explore the compensation regulations for research analysts under SEBI (Research Analysts) Regulations, 2014. Learn about restrictions, segregation of services, and compliance requirements.

Court has discretionary power to waive pre-deposit requirement in rare and deserving cases

May 5, 2023 2793 Views 0 comment Print

Delhi High Court held that Court has the power to exercise discretion to waive requirement of pre-deposit of penalty in rare and deserving cases.

Section 16B of HPGST invocable only after determination of liability

May 5, 2023 801 Views 0 comment Print

Held that section 16-B of the Himachal Pradesh General Sales Tax Act, 1968 (HPGST) would be attracted only after determination of the liability.

Escapement of tax without reasonable cause is essential component of section 43(2) of OVAT Act

May 5, 2023 1227 Views 0 comment Print

Orissa High Court held that the essential component of Section 43(2) of the OVAT Act for attracting the penalty, viz., the satisfaction of the Assessing Officer that the escapement of tax was without reasonable cause, is absent in the present case. Accordingly, imposition of penalty unjustified.

Transaction value rightly rejected due to mis-declared quantity & grade of guar gum

May 5, 2023 735 Views 0 comment Print

CESTAT Delhi held that rejection of transaction value and determining the value based on the contemporaneous value available in National Import Database (NIDB) correct as quantity of goods is much larger than what was declared; buyer and seller are related parties and grade of guar gum is mis-declared.

Refund of balance amount granted in case of mismatch of minor figure as against RFD-01

May 5, 2023 702 Views 0 comment Print

Orissa High Court held that there is mis-match of Rs. 5,18,230/- as against the reflected figure in RFD-01 at Rs. 2,22,97,228/-. Accordingly, court directed to refund the balance amount as only Rs. 5,18,230/- needs proper adjudication.

Drugs and Cosmetics Regulation in India

May 5, 2023 9273 Views 1 comment Print

The cosmetic products in India were regulated under the Drugs and Cosmetics Act 1940 and Rules 1945. Import of cosmetics into India is regulated through a system of registration by the Central Drugs Standard Control Organization (CDSCO) under the provisions of the Drugs and Cosmetics Act, 1940 and the Cosmetics Rules, 2020.

Compliance Requirements for Transfer of Shares from Non-Resident Person to Non-Resident Person

May 5, 2023 56355 Views 0 comment Print

Navigate the compliance landscape for transferring shares from a non-resident to a non-resident person in India. Uncover legal provisions, procedural steps, and foreign exchange management regulations. Stay informed about reporting requirements and filing Form FC-TRS.

Liability of a director under Indian Companies Act 2013

May 5, 2023 30861 Views 0 comment Print

Explore the liability of a director under the Indian Companies Act 2013, covering offenses, duties, fines, and potential imprisonment. Understand scenarios like breach of fiduciary duty, ultra vires acts, negligence, and liability to third parties. Learn about the Limitation Act’s applicability to proceedings and appeals before the Tribunal or Appellate Tribunal, with varying limitation periods based on specific situations.

Updated Return under Section 139(8A)

May 5, 2023 25656 Views 3 comments Print

Explore the provisions of updated return under Section 139(8A) of the Income Tax Act, including eligibility, conditions, and scenarios where it can be filed. Understand the implications for reducing total tax liability, increasing refunds, and carrying forward losses. Get insights into the circumstances in which an updated return cannot be furnished, ensuring compliance with income tax regulations. Explore the provisions of updated return under Section 139(8A) of the Income Tax Act, including eligibility, conditions, and scenarios where it can be filed. Understand the implications for reducing total tax liability, increasing refunds, and carrying forward losses. Get insights into the circumstances in which an updated return cannot be furnished, ensuring compliance with income tax regulations. Explore the provisions of updated return under Section 139(8A) of the Income Tax Act, including eligibility, conditions, and scenarios where it can be filed. Understand the implications for reducing total tax liability, increasing refunds, and carrying forward losses. Get insights into the circumstances in which an updated return cannot be furnished, ensuring compliance with income tax regulations.

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