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Entity Issuing ‘Letter of Comfort’ cannot be treated as Corporate Debtor or Guarantor under IBC

September 8, 2022 1917 Views 0 comment Print

NCLT held that entity issuing ‘Letter of Comfort’ cannot be treated as ‘Corporate Debtor/Corporate Guarantor’ under IBC, 2016

Debt converted into equity cannot be treated as Debt – NCLT is a summary court

September 8, 2022 1299 Views 0 comment Print

NCLT is a summary court and hence, we cannot venture into a detailed proceeding, the main points in a section 7 petition is to check whether there is a debt and default with the aid of the documents annexed with the pleadings. In the present case, the debt as been converted into equity shares, hence there is no debt at the present.

Maintainability of Appeal against Award passed under Motor Vehicles Amendment Act, 2019 of less than Rs. 1 lakh 

September 8, 2022 7761 Views 0 comment Print

Filing of an appeal against an Award of less than a sum of Rs.1,00,000/- can be entertained in respect of appeals arising out of claim petitions filed prior to 01.04.2022.

Bombay HC directs Govt to open portal for 2 Months to allow TRAN-1 & TRAN-2 filing

September 8, 2022 1227 Views 0 comment Print

Colgate Palmolive (I) Limited Vs Union Of India & Ors. (Bombay High Court) HC direct Govt to open the common GST portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months, i.e., with effect from 1st September, 2022 to 31st October, 2022 in compliance with the order of the […]

Notification No. 48/2022-Customs, Dated: 07.09.2022

September 7, 2022 1473 Views 0 comment Print

Seeks to amend notification No. 57/2000-Customs, dated the 8th May, 2000 to apply IGCR Rules with effect from 01.10.2022 vide Notification No. 48/2022-Customs, Dated: 07.09.2022 MINISTRY OF FINANCE (Department of Revenue) New Delhi Notification No. 48/2022-Customs | Dated: 7th September, 2022 G.S.R. 688(E).—In exercise of the powers conferred by sub-section (1) of section 25 of […]

IGCR Rules applicable with effect from 01.10.2022

September 7, 2022 14736 Views 0 comment Print

CBIC amends notification No. 56/2000-Customs, dated the 5th May, 2000 to apply Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017 (IGCR Rules) with effect from 01.10.2022 vide Notification No. 47/2022-Customs | Dated: 7th September, 2022 MINISTRY OF FINANCE (Department of Revenue) New Delhi Notification No. 47/2022-Customs | Dated: 7th September, 2022 G.S.R. […]

Financial Debt cannot be claimed Without Proof of Disbursement

September 6, 2022 1848 Views 0 comment Print

Without proof of disbursement an amount cannot be claimed as financial debt, as disbursement is a sine qua non for any debt to fall within the ambit of financial debt

Payment from electronic cash ledger under GST for SVLDRS allowed: HC

September 6, 2022 858 Views 0 comment Print

Payment made by electronic cash ledger maintained by petitioner under CGST Act also amounts to payment through internet banking for SVLDRS: HC

Nandi Infratech guilty of Profiteering in its Project ‘Amaatra Homes’

September 5, 2022 5259 Views 0 comment Print

Vijay Pal Sing Vs Nandi Infratech Pvt. Ltd. (NAA) The Authority determines an amount or Rs. 7,28,05,691/- (including 12% GST) under section 133(1) as the profiteered amount by the Respondent from his 768 home buyers/shop buyers/customers which shall be refunded by him along with interest @18% thereon, from the date when the above amount was […]

Panchshil Infrastructure guilty of profiteering in Panchshil Tower project

September 5, 2022 1695 Views 0 comment Print

Applicant No. 1 alleged that the Respondent has not passed on the benefit of ITC to him by way of commensurate reduction in the price on purchase of Apartment No. 503, Tower-E, from the Respondent in the Project Panchshil Towers situated at Kharadi, Pune on the introduction of GST w.e.f. 01.07.2017, in terms of Section 171 of the CGST Act, 2017.

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