Hon’ble Supreme Court in the matter of Naveen Chandra Steels Private Limited Vs. SREI Equipment Finance Limited & Ors. has directed vide order dated 01st March, 2021 that a petition either under section 7 or section 9 of the IBC is an independent proceeding which is unaffected by winding up proceedings that may be filed qua the same company.
Re-validation of existing Tax Exemption Certificate under new Section 12AB of Income Tax Act, 1961 w.e.f. April 1, 2021 The Central Board of Direct Taxes, by Notification No. 19/2021-Income Tax Dated- 26th March, 2021, amended the Income Tax Rules, 1962 called as Income-tax (6th Amendment) Rules, 2021, pertaining to procedure for registration of fund/ trust/charitable […]
A Limited Liability Partnership (‘LLP’) is required to file certain mandatory returns (Form 8 & Form 11) whether it does the business or not. Non-filing of due returns will attract penalties and prosecution under the LLP Act and Designated Partners are liable to face the same action. The penalty for LLPs defaulting in filing of any […]
Fresh application for existing Charitable / Religious Trusts, Institutions etc. under new Section 12AB of Income Tax Act, 1961 w.e.f. April 1, 2021 The Finance Minister of India had presented the Union Budget 2020 wherein it was proposed to make substantial amendments for granting exemptions to the Charitable / Religious Trusts, Institutions etc. Under the […]
[Suo motu Writ Petition (Civil) No. 3 of 2020, In Re: Cognizance for Extension of Limitation] The Supreme Court on 08th March, 2021 decided to end the extended limitation period granted to litigants for filing appeals. A Bench led by Chief Justice of India (CJI) S.A. Bobde, on March 23 last year, invoked its extraordinary […]
Sub-rule (4), (5) and (6) were inserted in Rule 48 (Manner of issuing Invoice) of the Central Goods and Services Tax Rules, 2017 (“CGST Rules”) vide Notification No. 68/2019 -Central Tax dated 13th December, 2019 in respect to generate e-invoice as under- “Rule (4) The invoice shall be prepared by such class of registered persons as […]
By making the amendment in sub rule (1) of Rule 3 for words, and resident in India, following words substituted whether resident in India or otherwise. By this amendment, now Non-Resident Indians (‘NRIs’) is also allowed to incorporate OPCs in India.
The Hon’ble Finance Minister Mrs. Nirmala Sitharaman had presented the Union Budget 2021 on 1st February, 2021. The Hon’ble Finance Minister Mrs. Nirmala Sitharaman had proposed to revise the definition of small companies by enhancing the paid-up capital base from the existing limit of Rs 50 lakh to Rs. 2 crores. The move is likely to […]
Recently, two notifications have been issued by Ministry of Corporate Affairs (MCA) on 5th March, 2021. First Notification is with regard to notify the date of applicability of amendment in Section 92 of Companies Act, 2013 (CA, 2013) which deals with Annual Return of the Company and was made by Companies (Amendment) Act, 2017 but […]
Section 14 of IBC covers proceeding under Section138/141 against a corporate debtor but not against natural persons The Apex Court vide its order dated 01.03.2021 in P Mohanraj v. M/S Shah Brothers Ispat Pvt Ltd ruled that the institution or continuation of a proceeding under Section 138/141 of the Negotiable Instruments Act (NI Act) will […]
