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FAQs on Insolvency and Bankruptcy Code, 2016

February 7, 2022 2403 Views 0 comment Print

IBBI in association with the Committee on IBC, ICAI, released a publication titled Frequently Asked Questions (FAQs) on Insolvency and Bankruptcy Code, 2016

JNCH issues instructions for Expeditious clearance of exports

February 7, 2022 1812 Views 0 comment Print

It has come to notice that in certain cases of first time export of goods, lack of clarity and awareness about the applicability of statutory requirements, has resulted in avoidable delays. Occasionally, the situation is compounded by generic instructions being communicated by the Risk Management System as Compulsory Compliance Requirements (CCRs).

In case of Fraud General Bar on Civil Proceedings Not Applicable | Section 34 | Sarfaesi Act

February 6, 2022 17079 Views 0 comment Print

Tajunissa Vs Mr. Vishal Sharma (Delhi High Court) Statutory proscription engrafted in Section 34 of the SARFAESI Act, therefore, the Supreme Court has, in the afore-extracted passage from Mardia Chemicals, chiseled out an exception, in a case in which for example, the action of the secured creditor is alleged to be fraudulent or his claim […]

ESIC & PF paid before due date of filing income tax return allowable till AY 2020-21

February 5, 2022 8388 Views 0 comment Print

Dr. B. Lal Clinical Laboratory Private Limited Vs ACIT (ITAT Jaipur) In the instant case, admittedly and undisputedly, the employees’ contribution to ESI and PF collected by the assessee from its employees have been deposited well before the due date of filing of return of income u/s 139(1) of the Act. Further, the ld D/R […]

Bar of Section 69(2) of Indian Partnership Act, 1932 not applicable to Transactions not in the course of business: SC

February 5, 2022 3258 Views 0 comment Print

Shiv Developers Vs Aksharay Developers (Supreme Court) As noticed, the crucial and key factor in the present case remains that the sale transaction in question is not arising out of the business of the appellant firm. Equally significant fact is that the subject suit is for enforcing a right of avoidance of a document on […]

Financial Creditor can initiate action under Section 7 of IBC, 2016

February 5, 2022 2679 Views 0 comment Print

Niew taken by NC:LT in Beacon Trusteeship Limited is not inconsonance with Section 7 read with Section 238 of ‘I&B Code’. Financial Creditor has full right to initiate action under Section 7 for non-payment of dues.

Prosecution against company cannot continue after declaration of moratorium by NCLT

February 5, 2022 5184 Views 0 comment Print

Nag Leathers Pvt. Ltd Vs Muzain Hides (Madras High Court) It is evident that there is a categorical finding recorded by the Apex Court that the moratorium provision contained in Section 14 of the Insolvency Bankruptcy Code, would apply only to corporate debtor, the natural persons mentioned in Section 141 continuing to be statutorily liable […]

Interactive intelligent panel Having CPU cannot be classified as Monitors

February 4, 2022 1479 Views 0 comment Print

Cloudwalker Streaming Technologies Pvt Ltd Vs Commissioner of Customs (CESTAT Mumbai) In valuation, rejection of the declared amount is a pre-requisite because the relevant Rules afford consequential alternatives but rejection of declared classification at the outset carries the burden of saddling the exercise with re-classification that may not meet the test of General Rules for […]

Highlights of Income Tax Proposals – Union Budget 2022-23

February 4, 2022 16089 Views 0 comment Print

In the Union Budget, 2022, there is no proposal for changing the rates of tax applicable for individuals or HUFs or AOPs or BOIs or Artificial Juridical persons or Firms or Co-operative societies or companies. Therefore, tax rates applicable for such persons would remain unchanged for the A.Y. 2023-24. Likewise, the basic exemption limit of Rs. 2,50,000/ Rs.3,00,000/ Rs. 5,00,000 would continue to be same for individuals /HUFs /AOPs /BOIs.

Guidelines on Accounting with respect to Indian Accounting Standards (IND AS)

February 4, 2022 4143 Views 0 comment Print

SEBI vide notification dated January 25, 2022 amended SEBI (Mutual Funds) Regulations, 1996 (MF Regulations), which, inter-alia, mandated that the AMCs shall prepare the Financial Statements and Accounts of the Mutual Fund Schemes in accordance with IND AS with effect from April 01, 2023.

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