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Ksn Murthy

Latest Posts by Ksn Murthy

Critique of The AAR Ruling on Directors Remuneration

April 11, 2020 1743 Views 0 comment Print

RAJASTHAN AAR RULING IN THE MATTER OF CLAY CRAFT INDIA PVT LIMITED – REGARDING TAXABILITY OF REMUNERATION PAID TO DIRECTORS UNDER REVERSE CHARGE MECHANISM – REF NO. RAJ/AAR/2019-20/33 dated 20.2.2020 Till now the interpretation done by all was that if the Director is an employee of the Company and being paid remuneration, then the services […]

Analysis of notification on registration by IRP/RP under GST act

March 25, 2020 6096 Views 0 comment Print

Analysis of the circular issued by the central government in respect of procedure to be adopted in cases of insolvency resolution Central Government vide Notification No. 11/20 Central Tax dated 21st March 2020 has prescribed special procedure in respect of GST formalities to be complied by Companies which are in the process Insolvency Resolution.  Salient […]

Draft Companies (CSR) Amendment Rules, 2020- An Analysis

March 18, 2020 26082 Views 2 comments Print

Ministry of Corporate Affairs (MCA) has released the Draft Companies (CSR Policy) Amendment Rules, 2020 proposing amendments to Companies (Corporate Social Responsibility Policy) Rules, 2014 for public comments. An attempt has been made to analyse the rules and the changes that are brought out by the said rules vis a vis the rules as are […]

Financial Creditors under IBC

March 1, 2020 38988 Views 2 comments Print

Under Insolvency and Bankruptcy Code in respect of insolvency of Corporate Persons, the proceedings can be initiated by Financial Creditor, Operational Creditor or the Corporate Debtor himself.  The method of initiating the proceedings and processes to be followed are different for each category of Creditor.  In respect of Financial Creditor, the application for initiating Resolution […]

Coverage of Government Companies under IBC

February 20, 2020 5265 Views 0 comment Print

Whether a government company can be subjected to insolvency under IBC The NCLT Mumbai Bench has, in the case of Harsh Pinge Vs Hindustan Antibiotics Limited, dismissed the application by operational Creditor under Section 9 of the IBC, on the ground that the Corporate Debtor i.e. Hindustan Antiboitics Ltd being a Government Company, is an instrumentality […]

Whether GST Dues Are Operational Creditors

February 18, 2020 5769 Views 0 comment Print

WHETHER GST, VAT, TDS, TCS ETC WHICH ARE COLLECTED ON BEHALF OF THE GOVERNMENTS ARE OPERATIONAL CREDITORS UNDER IBC   NATURE OF GST AND DUTY OF TAXABLE PERSON  Article 366 Article 366 of the Constitutional Amendment Bill refers to Goods and Service tax as any tax on supply of goods or services or both except taxes […]

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