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Judiciary

Delhi Court convicts a Director for holding Directorship of More than 20 Companies

November 6, 2019 5304 Views 0 comment Print

Under the Rule 16 of The Companies (Appointment and Qualification of Directors) Rules 2014, the accused has the responsibility being Director to forward to the Registrar copy of resignation along with the applicable fees in Form DIR-11 within 30 days of such resignation.

Legal expense for complain against directors in individual capacity not allowable

November 6, 2019 1713 Views 0 comment Print

Legal expenses incurred to protect the Directors of the company in respect of the complaints filed against them in their individual capacity will not allowed under section 37 as business expenses.

Antenna for base station classifiable under CTSH 85177090 as parts

November 6, 2019 5712 Views 0 comment Print

Commissioner of Customs Vs Reliance JioInfocom Ltd (CESTAT Mumbai) In the present case, the manufacturer of Antenna as well as the chartered engineer’s certificate, in clear terms clarified that the Antenna in question transmits and receives only signals and not performing any other function like conversion or regeneration of voice, images or other data signals […]

Repeal of VAT Act – Savings clause saves all rules, regulations, orders, notifications, etc

November 6, 2019 5367 Views 0 comment Print

Magma Fincorp Limited Vs State of Maharashtra & Anr. (Bombay High Court) Section 78 of Maharashtra Goods and Services Tax Related Laws (Amendments, Validation and Savings) Act, 2017, which saves Section 64 of Maharashtra Value Added Tax Act, 2002 is constitutionally valid. Bombay High Court has held that by virtue of Section 78 of State […]

 HC Sets Limitation Period For Preferring Appeal from a Decision of Family Court 

November 6, 2019 11934 Views 0 comment Print

We are inclined to follow the view taken by the Bombay High Court, which in any case, was also the view taken by this Court in Smt. Anita Chaudhary (supra). Since this appeal has been filed within 90 days which is prescribed period of limitation under Section 28(4) of the Act of 1955, the same is held to be within limitation.

SC orders IRP to complete CIRP concerning Jaypee Infratech within 90 days

November 6, 2019 1452 Views 0 comment Print

We direct the Interim Resolution Professional (IRP) to complete the Corporate Insolvency Resolution Process (CIRP) within 90 days from today. In the first 45 days, it will be open to the IRP to invite revised resolution plan only from Suraksha Realty and NBCC respectively, who were the final bidders and had submitted resolution plan on the earlier occasion and place the revised plan(s) before the Committee of Creditors (CoC), if so required, after negotiations and submit report to the adjudicating authority NCLT within such time.

No GST on membership/admission fees collected by Rotary Club

November 6, 2019 10611 Views 0 comment Print

The Appellate Authority for Advance Ruling, hereby, hold that the amount collected as membership subscription and admission fees from members is not liable to GST as supply of services.

Delay In Filing VAT Appeal to High Court can be condoned: SC

November 6, 2019 7926 Views 0 comment Print

Power to Condone Delay under limitation Law applies to Special Or Local Laws unless Expressly Excluded:  In a recent Supreme Court judgement dt 25.10.2019, in Superintending Engineers v/s Excise and Taxation Officer , it has been held , that delay in filing Revision against order of Tribunal beyond limitation prescribed under VAT Act can be condoned and judgment in Patel Bros v/s State of Assam 2017(2) SCC 350 appears to be overruled by necessary implication.

Assessment based on Section 153D approval in mechanical manner without application of mind is invalid

November 6, 2019 4101 Views 0 comment Print

Rajesh Ladhani Vs DCIT (ITAT Agra) It is evident from the  CBDT Circular No. 3 of 2008, dated 12.3.2008 that the legislature in its highest wisdom made it compulsory that the assessments of search cases should be made with the prior approval of superior authority, so that the superior authority apply their mind on the […]

No section 92CA(3) Adjustment for Corporate Guarantees

November 6, 2019 3090 Views 0 comment Print

The issue under consideration is whether the deletion of adjustment made u/s 92CA(3) of the Act on account of interest on loan and on account of corporate guarantees is justified in law?

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