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Archive: 13 June 2023

Posts in 13 June 2023

Regulatory Framework for Execution Only Platforms in Mutual Fund Direct Plans

June 13, 2023 1005 Views 0 comment Print

SEBI has issued a circular introducing a regulatory framework for Execution Only Platforms (EOPs) facilitating transactions in direct plans of mutual fund schemes. This circular addresses the need for a specific framework for technology/digital platforms to provide execution-only services and obtain data feeds. Discover the guidelines for EOPs and the balance between investor convenience and […]

SEBI Circular Corrigendum: Mutual Funds’ Participation in Repo Transactions on Corporate Debt Securities

June 13, 2023 390 Views 0 comment Print

The Securities and Exchange Board of India (SEBI) has issued a corrigendum to its circular regarding mutual funds’ participation in repo transactions on corporate debt securities. This corrigendum replaces a Clause 1 in the previous circular, impacting the participation guidelines for mutual funds. The corrigendum issued by SEBI modifies Clause 1 of the circular, bringing […]

Unjustified Imposition of Penalty Under Rule 209A against person Maintaining Company Accounts

June 13, 2023 609 Views 0 comment Print

CESTAT Ahmedabad held that imposing penalty under rule 209A against the person who is only involved in maintaining the accounts of the company is unjustified and unsustainable in law.

Re-classification from Construction Service to Works Contract Service justified

June 13, 2023 753 Views 0 comment Print

CESTAT Chandigarh held that re-classification from ‘Commercial or Industrial Construction Services’ to ‘works contract service’ justified as contract and VAT registration proves that contract is work contract service.

Condonation of delay in filing of appeal granted in absence of malafide or deliberate intention

June 13, 2023 15630 Views 0 comment Print

ITAT Mumbai held that as there was no malafide or deliberate in action on the part of the assessee in filing the appeal with delay of 387 days before the Ld. CIT(A). Accordingly, it was directed to CIT(A) to condone the delay.

Extinguishment of Non-Included Claims Upon Resolution Plan Approval

June 13, 2023 1128 Views 0 comment Print

On the date of approval of Resolution Plan by Adjudicating Authority, all such claims which are not a part of Resolution Plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings in respect to a claim which is not a part of the Resolution Plan.

Section 44BB has no application in absence of Permanent Establishment

June 13, 2023 876 Views 0 comment Print

ITAT Delhi held that in absence of a Permanent Establishment, provisions of section 44BB of the Income Tax Act has no application.

Exemption u/s 54B is available to HUF with effect from 1st April 2013

June 13, 2023 1161 Views 0 comment Print

ITAT Delhi held that post amendment by Finance Act, 2012 which is effective from 1st April 2013, the exemption u/s 54B of the Income Tax Act is also available to HUF.

After approval of insolvency resolution plan no demand can be raised for the period prior to specified date

June 13, 2023 4770 Views 0 comment Print

Law is well-settled that with the finalization of insolvency resolution plan and the approval thereof by the NCLT, all dues of creditors, Corporate, Statutory and others stand extinguished and no demand can be raised for the period prior to the specified date.

Fake GST registrations & bogus invoices – Govt Meeting for policy measures

June 13, 2023 687 Views 0 comment Print

Government of India has noticed instances of fake GST registrations and issuance of bogus invoices leading to revenue loss. A meeting is being convened to discuss policy measures to curb this menace.

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