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Tax Concessions Disputes are Not Arbitrable: SC

September 21, 2022 816 Views 0 comment Print

Enterprises Coal Sales Pvt Ltd Vs Union of India (Supreme Court of India) Appellant moved a writ petition before the High Court seeking, inter alia, the following reliefs: “(i) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondent no.2 to accept, Form C and issue Form E-1 to the […]

IBC: Minimum Threshold of Rs. 1 Crore is to be Seen from the date of Filing the Petition

September 20, 2022 12975 Views 0 comment Print

Udit Jain (Sole Proprietor of M/s U.J. Trading Co.) Vs Apace Builders and Contractors Pvt. Ltd (NCLT Delhi) HC held that  in application filed under section 9 of IBC, 2016 only the date of filing needs to be considered and not the date of sending the Demand Notice. It is seen that notification of MCA dated […]

Arbitrator Can Award Interest On Interest

September 20, 2022 1413 Views 0 comment Print

Question that arises here for consideration is whether interest granted on award against claim nos.1 and 5 was grant of interest upon interest and barred by the Act of 1978.

Custom: Even a partial prohibition will not prevent release of goods provisionally

September 20, 2022 915 Views 0 comment Print

Kunjal Synergies Private Limited Vs Principal Commissioner of Customs (Calcutta High Court) Facts, in short, are that the petitioner has approached this Writ Court for release of the goods in question provisionally under Section 110A of the Customs Act, 1962 on the basis of the order of the Appellate Authority ordering for release of the […]

No reason to entertain Bid Submitted After scheduled Time: NCLT

September 20, 2022 633 Views 0 comment Print

Time lines are fixed with a definite purpose & bidding process should conclude at scheduled time. Applicant cannot complain after failing to submit EMD within time.

Validation of Instructions for Pay-In of Securities from Client demat account

September 19, 2022 7092 Views 0 comment Print

Securities and Exchange Board of India Circular No. SEBI/HO/MIRSD/DoP/P/CIR/2022/119 | Dated: September 19, 2022 To, All Depositories All recognized Stock Exchanges and Clearing Corporations Madam / Sir, Sub: Validation of Instructions for Pay-In of Securities from Client demat account to Trading Member (TM) Pool Account against obligations  received from the Clearing Corporations 1. In order to protect […]

Compliance Function & Role of Chief Compliance Officer – Urban Co-op Banks

September 19, 2022 5013 Views 0 comment Print

As part of the overall structure for Corporate Governance, the Compliance Function serves a critical role. Therefore, it has been decided to introduce certain principles, standards and procedures for Compliance Function in UCBs, keeping in view the principles of proportionality

NCLAT Upholds Dismissal of CIRP petition despite opposition by Financial Creditor as Corporate Debtor Willing to Pay Full Amount

September 19, 2022 1320 Views 0 comment Print

Adjudicating Authority has only given an opportunity to the Corporate Debtor to deposit the entire defaulted amount for which Section 7 Application was filed, within 45 days with liberty reserve to the Financial Creditor to revive the Section 7 Application in event the amount is not deposited.

Unregistered but compulsorily registrable document can be enforced

September 18, 2022 2256 Views 0 comment Print

Yukti Construction Pvt. Ltd Vs Asha Sharma (Uttarakhand High Court) An arbitration agreement does not require registration under the Registration Act. Even if it is found as one of the clauses in a contract or instrument, it is an independent agreement to refer the disputes to arbitration, which is independent of the main contract or […]

Insertion of Para 2.54(d) under Foreign Trade Policy in sync with RBI Circular

September 17, 2022 3150 Views 0 comment Print

Para 2.52(d) is notified, to permit Invoicing, payment and settlement of exports and imports in INR in sync with RBI’s A.P. (DIR Series) Circular No. 10 dated 11th July, 2022. This shall come into force with immediate effect. MINISTRY OF COMMERCE AND INDUSTRY (Department of Commerce) (DIRECTORATE GENERAL OF FOREIGN TRADE) New Delhi Notification No. […]

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