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Claim Refund in Form DVAT-21 If Not Claimed in Return: Delhi HC

September 1, 2023 1182 Views 0 comment Print

Delhi High Court held that as per Rule 34 of the Delhi Value Added Tax Rules, 2005, a claim for refund of tax is liable to be made in Form DVAT-21 only if such a refund is not claimed in the return itself.

Resolution Professional needs to charge fees in transparent manner: NCLT

September 1, 2023 1023 Views 0 comment Print

NCLAT Delhi held that the First Schedule of IBBI (Insolvency Professionals) Regulations, 2016 provides that the Resolution Professional is expected to charge his fees in a transparent manner which should be a reasonable reflection of the works undertaken rather than maximizing their own personal benefits.

NCLAT Upholds Extension of 90 Days Beyond 300-Day Limit for CIRP

September 1, 2023 2280 Views 0 comment Print

NCLAT held that the Adjudicating Authority rightly granted an extension of 90 days period after expiry of 300 days for fresh issuance of Form-G and completion of CIRP process.

Jurisdictional AO has jurisdiction to entertain rectification application filed u/s 154

September 1, 2023 2769 Views 0 comment Print

ITAT Delhi held that the Jurisdictional A.O. is having the jurisdiction to entertain the rectification application filed by the Assessee u/s 154 of the Income Tax Act.

NCLT has jurisdiction to remit resolution plan for reconsidering amendments requested by successful resolution applicant

August 31, 2023 795 Views 0 comment Print

NCLAT Delhi held that there is NCLT (National Company Law Tribunal) has jurisdiction to remit the plan for reconsidering the amendment which the Successful Resolution Applicant himself was requesting to be carried out.

Fees of Resolution Professional rightly reduced for non-completion of CIRP in time bound manner

August 31, 2023 1446 Views 0 comment Print

NCLAT Delhi held that adjudicating authority rightly reduced fees payable to Resolution Professional on failure in complying with his responsibilities of completing CIRP in a time bound manner.

TDS u/s 195 not deductible on commission paid to foreign agents for procurement of orders

August 31, 2023 5595 Views 0 comment Print

ITAT Delhi held that commission paid to foreign agents for procurement of orders do not fall under Technical, Managerial or consultancy services. Accordingly, TDS not deductible on commission paid to such foreign agents.

Operational creditor can initiate CIRP against Corporate Debtor only in clear cases

August 31, 2023 1071 Views 0 comment Print

NCLAT Delhi held that operational creditor can initiate Corporate Insolvency Resolution Process (CIRP) against a Corporate Debtor only in clear cases where no real dispute exists between the two parties.

Sending order without ‘registered post with acknowledgement due’ is invalid service of order

August 31, 2023 3159 Views 0 comment Print

CESTAT Chennai held that tendering of an order to an unauthorized person or sending it without ‘registered post with acknowledgement due’ is not considered as a valid service of order. Accordingly, matter disposed of by way of remand.

Suspension of initiation of CIRP applies to date of default

August 31, 2023 807 Views 0 comment Print

NCLAT Chennai held that suspension of initiation of CIRP (Corporate Insolvency Resolution Process) as per provisions of section 10A of the Insolvency and Bankruptcy Code, 2016 applies to date of default i.e. 31.03.2020.

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