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Revised format of security cover certificate, monitoring & revision in timelines

May 19, 2022 7062 Views 0 comment Print

The revised format for security cover is enclosed at Annexure I. Further, the obligations of listed entity and Debenture Trustee with respect to preparation and submission of security

PFRDA reconstituted Pension Advisory Committee

May 19, 2022 873 Views 0 comment Print

Pension Fund Regulatory and Development Authority (PFRDA) hereby reconstitutes  Pension Advisory Committee constituted earlier vide Gazette Notification dated 16th September, 2020 with effect from 19th May, 2022. PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY NOTIFICATION New Delhi, the 19th May, 2022 F. No. PFRDA/17/RES/25.—In exercise of the powers conferred by sub-section (1) of section 45 of […]

Extended period of limitation cannot be invoked when all the facts were in knowledge of revenue

May 18, 2022 1788 Views 0 comment Print

Raychem RPG Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai) We are not in agreement with the findings recorded by the Commissioner on the issue of limitation. Undisputedly all the facts were in the knowledge of the revenue and in fact have been corresponded between the revenue and appellant since 1993. For the clearance of […]

Amended provisions of Section 43B r.w.s. 36(1)(va) are not retrospective

May 18, 2022 5394 Views 0 comment Print

Ajeet Singh Vs ITO (ITAT Jaipur) ITAT held that the amendment brought in the statue i.e., by Finance Act, 2021, the provisions of Section 36(1)(va) r.w.s. 43B of the Act amended by inserting explanation 2 is prospective and not retrospective. Hence, the amended provisions of Section 43B r.w.s. 36(1)(va) of the Act are not applicable […]

Unreasoned Award is against the mandate of Arbitration & Conciliation Act

May 18, 2022 846 Views 0 comment Print

Jayaram Panda Vs Project Director (Orissa High Court) Sub-section (3) in section 31 mandates that the arbitral award shall state the reasons, upon which it is based unless, inter alia, it is to be made as per the clauses (a) and (b) in the sub-section. Said clauses do not apply in the facts and circumstances, […]

NI Act Section 138: Director not liable if Company is not been made accused

May 18, 2022 11193 Views 0 comment Print

Geeta Singh Vs Pradeep Singh (Delhi High Court) If a company is a drawer of the cheque, it is a necessary party to proceedings initiated under Section 138 of the NI Act. The liability of a private person, in his capacity of a Director or any other authority to act on behalf of the Company, […]

Mere Third parties’ records cannot be basis for clandestine removal

May 18, 2022 984 Views 0 comment Print

Mere entries in third parties’ records of Transporters and brokers cannot be basis for clandestine removal. It is settled law that documents recovered from a third party can be used against the manufacturer to prove clandestine removal only when these are supported with corroborative evidences.

Notice not mentioning particulars, on which the case against a person is based, is invalid

May 18, 2022 1545 Views 0 comment Print

A notice which does not mention the particulars, on which the case against the person is based, cannot provide a foundation for the proceedings that follow.

Non striking off of irrelevant limb in penalty notice is a substantive defect

May 18, 2022 1551 Views 0 comment Print

ITAT held that non mentioning of relevant limb or non striking off of irrelevant limb in penalty notice is a substantive defect in imitation of proceedings itself and consequent penalty levied on the basis of such defective notice can not be sustained.

ENA & Malt Spirit in original form not to get ‘C’ Form

May 18, 2022 1806 Views 0 comment Print

ENA and the Malt Spirit in its original form are not the alcoholic liquor fit for human consumption and would therefore, not come within the amended definition of clause(d) of Section 2 of the CST Act and in view thereof, the petitioner would not be entitled to get the ‘C’ Form, as claimed by the petitioner herein.

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