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Resolution plan must meet the mandate of Code and not violate rights given to secured creditor: SC

May 7, 2023 1287 Views 0 comment Print

Vistra ITCL (India) LTD Vs Dinkar Venkatasubramanian (Supreme Court of India) The difficulty which arises in the present case is that, in terms of the decision of this Court in Anuj Jain (supra) and Phoenix ARC (supra), Appellant No. 1 Vistra is to be treated as a secured creditor, but would not fall under the […]

IBC: Section 9 petition cannot be dismissed merely because some invoices are time barred

May 7, 2023 1479 Views 0 comment Print

Next Education India Private Limited Vs K12 Techno Services Private Limited (Supreme Court of India) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 17-03-2021 passed by the National Company Law Appellate Tribunal (NCLAT), New Delhi, Principal Bench in Company Appeal (AT) (Insolvency) No.98/2019, by which the NCLAT has dismissed the said appeal […]

Mere 13 hours to file Reply to SCN violates principles of natural justice: HC

May 5, 2023 1068 Views 0 comment Print

SCN was issued on 27.03.2023 at 9.10.33 p.m. and petitioner was given 13 hours time to reply, which violates principles of natural justice

No section 68 addition for share allotment on premium by book adjustment

May 5, 2023 810 Views 0 comment Print

If no cash is involved , section 68 of the Act treating as share capital/share premium as unexplained cash credit is wrong as transaction of allotment of shares by way of book adjustment and provisions of section 68 of the Act are not attracted.

Non-Constitution of GSTAT: Patna HC grants stay on GST demand

May 5, 2023 612 Views 0 comment Print

Petitioner is prevented from availing benefit of stay of recovery of balance amount of tax in terms of Section 112 (8) and (9) of B.G.S.T Act upon deposit of amounts as contemplated under Section 112(8).

TDS payment & Return Filing responsibility is of Person deducting the TDS

May 4, 2023 2115 Views 0 comment Print

Section 200 of the Act casts a duty on person deducting tax to pay the same within prescribed time to the credit of the Central Government. Section 200A of the Act draws out the procedure for processing of statements of tax deducted at source.

Draft IRDAI (Insurance Advertisements and Disclosure) (First Amendment) Regulations, 2023

May 4, 2023 1260 Views 0 comment Print

Draft Insurance Regulatory and Development Authority of India (Insurance Advertisements and Disclosure) (Amendment) Regulations, 2023

Ignoring debit side entries, entire amount of credit entries cannot be added to taxable income 

May 4, 2023 7443 Views 0 comment Print

Entire amount of credit entries cannot be added to taxable income of assessee ignoring debit side entries and as when assessee is receiving cash and issuing cheques then said cheque of almost same amount then assessee cannot be held beneficiary of entire amount or entire amount of credit entries treating the same as unexplained.

SEBI: Additional requirements for issuers of transition bonds

May 4, 2023 1017 Views 0 comment Print

An issuer shall disclose the denotation in the Centralized Database for corporate bonds/ debentures by filling the denotation i.e. GB-T in sub point 6 i.e. Others (Please specify) of point 10. i.e. Type of Instrument of Annex-XIV-A to Chapter XIV (Centralized Database for corporate bonds/ debentures) of the Operational Circular dated August 10, 2021 (and as amended from time to time).

Amendment to Master Direction (MD) on KYC – Instructions on Wire Transfer

May 4, 2023 3156 Views 0 comment Print

Amended instructions of Section 64 of the MD on KYC are provided in annexure for reference. Further, definitions of relevant terms used in amended Wire Transfer instructions are being added in Section 2 (Definitions) of MD on KYC.

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