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GST: Fixed Establishment – Conundrum of People, Place & Things

February 22, 2022 13539 Views 0 comment Print

Before digging deep into the concept of fixed establishment, let us first establish its relevance under GST.  Section 22 of the GST Act provides that every supplier is liable to take registration from where he makes a taxable supply. On a bare perusal of this provision, it seems that a reference is drawn to a […]

Compounding of Annual General meeting (AGM)

February 22, 2022 28065 Views 0 comment Print

In this editorial author shall discuss the provisions of Compounding of Annual General meeting (AGM) under Companies Act, 2013. Many professionals asked this question, How to go for compounding in case of holding of AGM after Due date.  A. PROVISION OF LAW: As per Section 96 of Companies Act, 2013, Every company should hold one […]

Comparative Analysis of Companies Act, 2013 & Companies Act, 1956

February 22, 2022 29874 Views 0 comment Print

The Companies Bill, 2012 was passed in Rajya Sabha on 8th August, 2013, and became Companies Act, 2013 finally replacing the decades old Companies Act, 1956 which was a very much outdated legislation guiding companies in India. The statute contains 29 chapters, 470 sections and 7 schedules, which is comparatively more streamlined than the Companies […]

Important Amendment vide LLP (Amendment) Act, 2021

February 22, 2022 3516 Views 0 comment Print

In the Budget 2021, our hon’ble financial minister announced about Amendment in LLP Act. In continuation of same, Ministry of Corporate Affairs issued a press release on 03rd February 2021. MCA initiates process of De-criminalisation of compoundable offences of LLP Further in continuation of the same Wednesday, 28th July, 2021 Cabinet has passed LLP Amendment […]

Limitation period for initiation of CIRP for defaults prior to IBC 2016

February 22, 2022 4125 Views 0 comment Print

Babulal Vardharji Gurjar Vs Veer Gurjar Aluminium Industries Pvt. Ltd. & anr. (Supreme Court), Appeal Number : Civil Appeal No. 6347 of 2019, Date of Judgement/Order : 14/08/2020 Limitation Period Is 3 Years Even If Default Fall Before Enactment Of IBC,2016 The Apex Court held that :- Limitation period for initiation of CIRP is 3 […]

GST on installation of Fire Fighting System

February 22, 2022 19677 Views 0 comment Print

The services provided by the applicant in installing Fire Fighting System will be covered under Item number (xii) in Col.(3) of entry No.3 of notfn No.11/2017-CT(R) dated 28.6.2017 as amended & liable to GST @18%. The road cutting charges paid/payable to Jaipur Nagar Nigam under reverse charge mechanism, by the Applicant will be included in the value of supply liable to GST @18% as the applicant is not qualified as a pure agent in the instant case.

Demystifying GST On Used Goods

February 21, 2022 32214 Views 7 comments Print

Normally GST is charged on the transaction value of the goods. However, in respect of second hand goods (Used Goods), a person dealing is such goods may be allowed to pay tax on the margin i.e. the difference between the value at which the goods are supplied and the price at which the goods are […]

No requirement under IBC that resolution plan should match liquidation value of corporate debtor: SC

February 21, 2022 3588 Views 0 comment Print

Maharasthra Seamless Ltd. vs. Padmanabhan Venkatesh (Supreme Court) Supreme Court Rule That The liquidation value of assets can be higher than the bid under the corporate insolvency resolution process. The Supreme Court in a significant judgment concerning provisions of the Insolvency and Bankruptcy Code (IBC), 2016 made it clear that it is not necessary that […]

Apartment Owners Association and Post RERA Practices

February 21, 2022 14523 Views 1 comment Print

1. Adequate housing is not merely a desired goal; it is a basic human right of all human beings. This has been affirmed by the Universal Declaration of Human Rights in 1948, which recognizes the right to adequate housing as an integral component of the human right to an adequate standard of living. a. However, […]

Analysis: Limited Liability Partnership (Amendment) Rules, 2022

February 21, 2022 2937 Views 2 comments Print

The Ministry of Corporate Affairs (MCA) vide its Notification no. G.S.R. 109(E) dated 11th February, 2022 has notified Limited Liability Partnership (Amendment) Rules, 2022 to further amend the existing Limited Liability Partnership Rules, 2009. The said amendments are notified to bring the existing rules in line with the Limited Liability Partnership (Amendment) Act, 2021.   […]

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