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NCLT bars CA for issuing false Audit certificate relating to financials

February 6, 2019 5262 Views 0 comment Print

Union of India Vs Mr. Mukesh Maneklal Choksi (National Company Law Tribunal, Mumbai Bench) Since Respondent No 1, Mr Mukesh Maneklal Choksi, Statutory Auditor , colluded with the Chairman/Director of R-2 company and has given a false Audit certificate relating to the Profit & Loss Account and Balance Sheet of the R-2 company, without even […]

GST on ‘Sight Vision Equipment’ manufactured for being used exclusively in various armoured Tanks

February 6, 2019 528 Views 0 comment Print

In re Ms. Opto Electronic Factory (GST AAR Uttarakhand) Classification and Rate of applicable GST on various equipment manufactured for being used exclusively in various armoured Tanks. We observe that the products manufactured and reapired by the applicant i.e. ‘Sight Vision Equipment’ is nothing but an ‘optical instruments’ used in various types of armoured tanks […]

5% GST payable on supply of Anaerobic Microbial Inoculums (AMI)

February 6, 2019 3726 Views 0 comment Print

In re Ms. Elefo Biotech Pvt. Ltd. (GST AAR Uttarakhand) In the present application, applicant has sought advance ruling for the classification and rate of GST applicable on supply of the products i.e. Anaerobic Microbial Inoculums (AMI)’ manufactured by them. AAR held that that the products i.e. Anaerobic Microbial Inoculums (AMI) will be classified under […]

Person cannot be Registered as valuer if serious criminal proceeding against applicant is pending

February 6, 2019 528 Views 0 comment Print

I find that pendency of the serious criminal proceeding against the applicant, as noted above, adversely impacts his reputation and makes him a person who is not ‘fit and proper’ to be eligible as a registered valuer.

SC order on resolution plan for Kamineni Steel & Power

February 5, 2019 3594 Views 0 comment Print

K. Sashidhar Vs Indian Overseas Bank & Ors. (Supreme Court of India) In the present case, however, we are concerned with the provisions of I&B Code dealing with the resolution process. The dispensation provided in the I&B Code is entirely different. In terms of Section 30 of the I&B Code, the decision is taken collectively […]

Benefit of section 10(37) cannot be denied for acquisition through negotiated sale deed

February 5, 2019 2505 Views 0 comment Print

Merely because the sale price is fixed through a negotiated settlement will not take away the proceedings from the Land Acquisition Act when the relevant provision of the Act are invoked.

Mandatory pre-deposit can be made through CGST Credit

February 5, 2019 12195 Views 1 comment Print

The learned AR also accepted the legal position that mandatory pre-deposit can be made through the CGST Credit. In view of this fact, we are of the opinion that the objection raised by the Registry is not tenable

Exemption u/s. 54F on multiple units in same building received under JDA

February 5, 2019 3900 Views 0 comment Print

Smt. Roopa Vs ITO (ITAT Bengalore) ITAT held that assessee’s claim for exemption u/s 54/54F of the Act in respect of 2 flats in the same residential building complex is squarely covered in favour of the assessee by the decision of the Hon’ble Karnataka High Court in the case of CIT Vs. Smt. K. G. […]

Services intrinsic to mineral oil exploration are covered by Section 44BB

February 5, 2019 570 Views 0 comment Print

M/s Eni India Ltd. Vs JCIT (ITAT Delhi) learned AO had taken a view that in view of the decision of the Hon’ble Supreme Court in the case of ONGC vs CIT & Anr. the nature of activities involved under the contract including the sale of services of HOEC are covered by the provisions of Section […]

Marine paints cannot be considered as Part of Ship: AAAR Maharashtra

February 5, 2019 834 Views 0 comment Print

In re Jotun India Pvt. Ltd. (AAAR Maharashtra) The Appellate Authority for Advance Ruling upheld the ruling given by the Advance Ruling Authority by observing that marine paints manufacture by the appellant will not be covered under Sl. No. 252 of Schedule I of the Notification No. 1/2017-C.T.(Rate) dated 28.06.2017 as the same can not […]

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