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Archive: 21 June 2023

Posts in 21 June 2023

SEBI LODR Amendments: Highlights & Implications of 14th June 2023 Gazette

June 21, 2023 8967 Views 0 comment Print

Discover the key highlights and implications of SEBI’s (Listing Obligations and Disclosure Requirements) Second Amendment Regulations, 2023, announced on June 14. Explore changes in mainstream media coverage, appointment of compliance officers, and revised deadlines for compliance. Understand the impact on director appointments, disclosure requirements, and business responsibility reports. Stay informed about the amendments’ broader implications for listed entities and the steps needed to ensure compliance and enhance governance.

Denial of ITC based on retrospective cancellation of Supplier’s Registration – HC Ruling

June 21, 2023 8370 Views 1 comment Print

Explore the recent ruling by the Hon’ble Calcutta High Court on the denial of Input Tax Credit (ITC) based on the retrospective cancellation of a supplier’s GST registration. Learn about the case of M/s Gargo Traders, where the HC set aside the order and directed the department to consider the petitioner’s claim afresh. Understand the key issues involved, facts of the case, and contentions of both the applicant and the department.

Expression of Interest under Insolvency & Bankruptcy Code, 2016

June 21, 2023 7089 Views 0 comment Print

Learn about Expression of Interest (EOI) under Insolvency & Bankruptcy Code, 2016. Explore Regulation 36A, detailing the issuance of EOI by resolution professionals for corporate debtors’ revival. Understand key details, eligibility criteria, documents required, and the publication process. Definitions and regulations provided under Section 5(26), Section 5(25), and Section 3(8) of IBC, 2016. Discover where EOIs are published and the prescribed form for publication.

Reverse Flipping – It’s Time To Internalise The Externalize

June 21, 2023 2586 Views 0 comment Print

Many fintech startups in India have set up foreign holding companies (HoldCo) for attracting investment from offshore venture capital and private equity funds, taking advantage of favourable foreign regulatory regimes, better protection of intellectual property, easier access to capital and product markets and option of overseas listing.

Amendment to SION E-121: Refined Soyabean Oil (Edible grade)

June 21, 2023 792 Views 0 comment Print

DGFT announces modification of SION E-121, which relates to export of Refined Soyabean Oil (Edible grade) vide Public Notice No. 16/2023 DGFT Dated: 21st June, 2023

Utilization of CENVAT Credit within same entity does not cause loss to Exchequer

June 21, 2023 372 Views 0 comment Print

CESTAT held that the utilization of credit by any unit within the same entity would not cause any loss to the Exchequer. This is because the credit disallowed to one unit is proportionally made available to the second unit. From a company’s perspective, the net credit availed and utilized remains unchanged.

Doctrine of Unjust Enrichment inapplicable when appellant made disputed Payment

June 21, 2023 684 Views 0 comment Print

Delve into judgment of CESTAT Kolkata in the case of Pecon Computech Pvt Ltd Vs Commissioner of CGST & Excise, underlining non-applicability of unjust enrichment in context of Service Tax refunds

Provision of service by commission agent to foreign principals is export of service

June 21, 2023 1299 Views 0 comment Print

CESTAT Mumbai held that services provided by appellant (Commission agent) to their foreign principals is ‘export of service’ as contemplated under rule 3 of the 2005 Export Rules.

Bogus firm is not a ground enumerated u/s 29(2) for cancellation of GST registration

June 21, 2023 999 Views 0 comment Print

Allahabad High Court held that once the registration is granted, the same could be cancelled only in terms of the conditions prescribed under Section 29(2) and allegedly being a bogus firm is not a ground enumerated under Section 29(2) of the Central Goods and Services Tax Act, 2017.

Provision of rule 89(4) of CGST Rules inapplicable to refund of integrated tax paid on zero-rated supply

June 21, 2023 19965 Views 0 comment Print

Delhi High Court held that rule 89(4) of the Central Goods and Services Tax Rules, 2017 applies only in case of zero rated supply of goods or services, without payment of tax under bond or letter of undertaking. Accordingly, provisions are inapplicable to cases of refund of integrated tax paid on zero rated supply.

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