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Negotiable Instruments Act, Section 138/141 proceeding against a corporate debtor is covered under IBC 2016

November 9, 2022 936 Views 0 comment Print

G. Ajay Agarwal Vs Bhagwandas and Co. (Madras High Court) The question as to whether by operation of provision of I&B Code, the criminal prosecution initiated under Section 138 r/w 141 of Negotiable Instruments Act, r/w 200 of Cr.P.C can be terminated, is no longer res integra in view of Apec Court judgment in P. […]

Master Circular on redressal of investor grievances through SCORES platform

November 7, 2022 2577 Views 0 comment Print

SEBI launched a centralized web based complaints redress system ‘SCORES’ in June 2011. The purpose of SCORES is to provide an administrative platform for aggrieved investors, whose grievances, pertaining to the securities market, remain unresolved by the concerned listed company, registered intermediary or recognized market infrastructure institutions (MIIs).

DGFT amends Policy Condition of ITC (HS), 2022- Implementation of CIMS

November 7, 2022 960 Views 0 comment Print

The importer can apply for registration not earlier than 60th day and not later than 5 days before the expected date of arrival of import consignment.

MCA imposes 5 Lakh penalty on company for not appointing whole-time Company Secretary

November 7, 2022 1893 Views 0 comment Print

A company other than a company under rule 8 (i.e., private company) which has paid up share capital of five crore rupees of more shall have a whole-time Company Secretary. This threshold limit has been increased to Rs. 10 crores from 1.4.2020.

Allegations per se cannot be ground for cancellation of Trust registration

November 7, 2022 1518 Views 0 comment Print

Last Hour Ministry Vs CIT (Exemptions) (ITAT Cochin) A perusal of the order cancelling registration wherein various reasons have been given as mentioned earlier apparently show that these reasons would at best give rise to violations u/s.13(1)(c) and 13(1)(d) of the Act which would result in additions in the assessment and re­assessment. Such violations, if […]

Issue Guideline to deal with pending cases after IBC Proceedings initiation- CESTAT to CBIC

November 7, 2022 1209 Views 0 comment Print

Ultratech Nathdwara Cement Limited Vs C.C. Jamnagar (Prev) (CESTAT Ahmedabad) CESTAT observed that IBC proceedings are being initiated against many companies who are either appellant or respondent in the appeals pending before this tribunal. We observed that the revenue-department has no proper guideline as to what stand is to be taken in a case where […]

Advance pricing agreement is applicable only to specified assessment years

November 7, 2022 798 Views 0 comment Print

ITAT held that advance pricing agreement APA is applicable only for specified time span not exceeding five consecutive previous years u/s.92CC(4) r.w. sub section (9A)

SEBI guideline – Acquisition exempt from obligation to make an open offer

November 7, 2022 678 Views 0 comment Print

In the instant case, since the shareholders viz. SFT, Mrs. Jayshree Lalbhai, Mr. Kulin Lalbhai, Mr. Pulin Lalbhai and Aura Business Ventures LLP exercise control over Aura, Aura Weaving and Shruti, and are owning more than 50% shareholding of Aura, and would be holding more than 50% (entire) of Aura Weaving and Shruti as per […]

ITAT quashes assessment order for violation of principles of natural justice

November 6, 2022 1599 Views 0 comment Print

It is evident from this that the Ld.CIT(A) has also not given opportunity to the assessee to cross examine the parties. It is necessary to specify that the power of CIT(A) is co-terminus with that of the Assessing Officer.

Failure to upload Tax Audit Report due to demise of Auditor is a reasonable cause

November 6, 2022 1041 Views 0 comment Print

Abha Rajesh Kapoor Vs PCIT (ITAT Mumbai) We find that the issue-in-dispute is whether there was any reasonable cause for failure on the part of the assessee in uploading the Tax Audit Report on the Income-tax portal. In terms of section 44AB, the assessee was required to audit and upload audit report along with return […]

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