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142 listed companies fined for non-appointment of women director

December 24, 2017 3315 Views 0 comment Print

Section 149 of Companies Act, 2013 (the Act) read with the corresponding rules requires every listed company and prescribed class of companies to have a women director. Section 172 of the Act lays down punishment for non-compliance.

Properties of struck off companies can’t be used till they are restored

December 24, 2017 2784 Views 0 comment Print

Assets, properties etc. (i.e. all movable and immovable assets/properties) of such struck off companies (which ceased to operate as legal entities) cannot be used, operated, transferred or alienated in any manner by the companies including by their ex-directors/authorised signatories, till they are restored by following the due process of law under Section 252 of the Act.

Detention of goods for non-accompanying certain documents not sustainable in absence of non-notification of such document

December 24, 2017 1539 Views 0 comment Print

Central Government had, till date, not notified the documents that have to be carried by a transporter of the goods in the course of interstate movement. Under the said circumstances and finding that neither the State Legislature nor the State Government would have the power to make laws/rules to govern interstate movements of goods in the course of trade, and for the purposes of levy of tax, detention for the sole reason that the transportation was not accompanied by the prescribed documents under the IGST Act/CGST Act/CGST Rules, cannot be legally sustained.

Allow manual filing of GST advance ruling application till online facility made available: HC

December 24, 2017 1668 Views 0 comment Print

It is held that where no facility for advance ruling was made available under GST, it was held that Department must accept manually application for advance ruling under GST since web portal would not be ready to accept the same till January, 2018.

Law on order of Cross utilization of GST: HC issues notice to department

December 24, 2017 4056 Views 0 comment Print

Where the assessee was trying to offset its IGST liability partially from CGST credit and partially from SGST credit but disallowed by GSTN portal with a message to first offset CGST credit completely before cross utilization. As there is no provision in GST law against such utilisation, Department was directed to file reply by next hearing date.

HC issues notice to govt on double levy of cess on imported coal in stock

December 24, 2017 1326 Views 0 comment Print

In this case the assessee had imported coal prior to the introduction of goods and service tax regime and had already paid clean energy cess at the prescribed rate. On the stock which the petitioner had not cleared, no credit had been allowed on such cess and Department again asked to pay fresh cess under the Goods and Service Tax (Compensation to States) Act, 2017. In view of the fact that the validity of a Union legislation is questioned, court ordered for notice to be issued.

Provide reasons for cancellation of GST registration on website: HC

December 24, 2017 3291 Views 0 comment Print

Allahabad High Court has directed GST Department to place on record the reasons for cancellation of GST registration without giving personal hearing and by keeping the same on GST website.

No action can be taken for delayed GST Return filing if User ID and Password were not working

December 24, 2017 2574 Views 1 comment Print

It was held that since the User ID and Password of the assessee was not working no coercive action would be taken against the petitioner for not filing the GST return within the time stipulated.

24 New FAQs on GST replied by Government on 22.12.2017

December 23, 2017 36267 Views 5 comments Print

Question 1: When will e-way bill system be applicable? Answer: As decided at the 24th GST Council meeting, nationwide e-way Bill will be made compulsory from 01.02.2018; trials to start from 16.01.2018. Question 2: What is the last date for filing TRAN-1? Answer: 27.12.2017. Please refer Orders 9/2017-GST and 10/2017, both dated 15.11.2017 Question 3: […]

No major impact on prices of Essential Drugs post introduction of GST

December 22, 2017 852 Views 0 comment Print

Government has analyzed the impact of Goods and Services Tax (GST) on prices of the formulations and it is noticed that that there will be almost no impact on the prices of non-scheduled formulations which account for nearly 80% of the total pharmaceuticals sector.

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