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Preferential title under section 43 of Insolvency and Bankruptcy Act

Supreme Court held that the corporate debtor must fulfill requirements under sub-section (2) and (4) of section 43 and exception under section 43(3) , filing which it would be adjudged as a preference

Legal

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'Qualitative difference' in marital rape

Hon'ble Justice C Hari Shankar, stated that there is a qualitative difference between marital and non-marital rape. unlike live-in and other relationships, there is a legitmate expectation by a spous

Legal

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Bill to repeal four Labour Codes introduced in Rajya Sabha

On February 4th, 2022, a Private Member Bill was introduced in Rajya Sabha, by CPI(M) leader Elamaram Kareem to repeal the four new Labour Codes being Opposed by Trade Union Leaders and Labour Law sch

Legal

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'Public Authority & 'Public Information Officer' Under RTI Act, 2005: Jharkhand High Court Explains Difference

Public Authority who is the custodian of the record and the designated Public Information Officer is required to provide information deriving from the custody of the Public Authority, and that is the

Legal

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'Public At Large Cannot Be Put To The Whim & Fancy Of Recalcitrant Directors': Calcutta HC Upholds Disqualification Of Directors U/S 164(2) Of Companies Act

The Calcutta High Court on Friday observed that the provisions for disqualification of directors due to non-filing of balance sheets and annual returns as envisaged under Section 164(2) and Section 16

Legal

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Govt amends rules governing Nidhi companies

To protect the interests of the public and prevent possible illegal fundraising activities, the government has amended the rules governing Nidhi companies whereby its prior declaration will be compuls

Business Related

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No Excuse For Not Paying GST In Time From Its Electronic Cash Register: Madras High Court Upholds Interest Demand

The Madras High Court bench of Justice C. Saravanan held that the taxpayer is liable to pay interest if there is a belated payment of tax declared in the returns filed.

GST Related

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Charges For Transportation Of Goods From Factory To Buyer's Premises, can't be Assessed: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand and penalty and held that the freight charges incurred for transportation of goods

Taxation

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Definition Of Relative Under Senior Citizens Act Can't Be Treated At Par With Income Tax Act, 1961: Delhi High Court

The Delhi High Court has held that the petitioner's real intent was to ensure that gift tax is not levied on donee.

Taxation

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CIRP Against Solvent, MSME Company Providing Employment Not Justified: NCLAT Delhi

Section 9 petition on the grounds of the Corporate Debtor being a solvent company, operating as a 'going concern' and is also an MSME enterprise providing employment and generating revenue.

Registration

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Important Update for Company Form filing on MCA and Filing of Director KYC 2022

MCA site to remain disabled from 15.08.2022 to 31.08.2022 for Company related forms filing.

Compliance

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Lok Sabha Passes Energy Conservation Amendment Bill 2022

The Lok Sabha has passed the Bill to amend the Energy Conservation Act, 2001, to reduce fossil fuel-based energy consumption and resultant carbon emissions to the atmosphere.

Legal

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CBDT Notifies Conditions For Income Tax Deduction For Expenditure On COVID Treatment

The Central Board of Direct Taxes (CBDT) has notified the conditions for an income tax deduction for expenditure on COVID-19 treatment.

Taxation

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GST On House Rent: Do All Tenants Have To Pay 18% GST?

The new rule will have an effect on GST-registered tenants. For example, if a company takes a guesthouse for rent then the company has to pay 18% GST.

GST Related

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Activity Of Mediator Cannot Fall Under Business Consultant Services, No Service Tax Under RCM Applicable: CESTAT

The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the activity of a mediator cannot fall under business consultant services.

GST Related

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Interest Payment On Late Payment Of TDS Not Eligible For Deduction Under Business Expenditure: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that interest payment on late payment of TDS is not an eligible business expenditure for deduction.

Taxation

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ITAT Allows Deduction On Penalty Levied By SEBI For Shortfall In Margin Money

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT)has allowed the deduction of the penalty levied by the for a shortfall in margin money.

Banking/Loans

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Manpower and Labour Supply Services Attract 18% GST: AAR

The AAR has ruled that the manpower supply or labor supply services by the manpower supply agency fall under SAC 98519 and are taxable at the rate of 18%.

GST Related

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Avoid Arrest In GST Cases Of Technical Nature, Don't Use This Power Mechanically: CBIC Issues Guidelines

The Central Board of Indirect Taxes and Customs (CBIC) has issued guidelines for arrest and bail in relation to offenses punishable under the Central Goods & Services Tax Act, 2017 (CGST Act).

GST Related

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15% Customs Duty On Display Assembly Of A Cellular Mobile Phone: CBIC

The Central Board of Indirect Taxes and Customs (CBIC) has notified a 15% Customs Duty on the display assembly of a cellular mobile phone.

Taxation

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Allahabad High Court Imposes Cost Of Rs. 50000 For Arbitrary Cancellation of GST Registration

The Allahabad High Court has imposed a cost of Rs. 50,000 for the arbitrary cancellation of GST registration.

GST Related

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Interest Levied On Arrears Or Late Payment Of Customs Duty Allowable On Actual Payment Basis: ITAT

The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has held that customs duty is allowable only on a payment basis under section 43B of the Income Tax Act.

Taxation

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GST Not Payable on Services Provided To Horticulture Dept. for Cleaning Transportation of Garbage: AAR

The Karnataka Authority of Advance Ruling (AAR) has held that the GST is not payable on services provided to the horticulture department for cleaning and sweeping of lawns.

GST Related

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Compensation For Compulsory Acquisition Of Commercial Land Exempted From Income Tax: ITAT

The (ITAT) has held that the compensation received in respect of an award or agreement has been exempt from the levy of income tax as per section 96 of the Right to Fair Compensation.

Taxation

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Bombay High Court Issues Notice To State And Central Governments In Plea Challenging CGST And MGST Rules

The Bombay High Court on Monday issued notice to the Maharashtra government and central government in a petition challenging the amendment to Central Goods and Service Tax Rules, 2017 (CGST Rules).

GST Related

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Registering Authority Responsible For Establishing Genuineness Of Taxpayers

The Rajasthan Goods and Service Tax (GST) department has issued a circular regarding verifying applications for the grant of new GST registration.

GST Related

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DGFT Extends Last Date For Uploading e-BRC Where ROSCTL Scrips Have Been Issued For Shipping Bills

The Director General of Foreign Trade (DGFT) has extended the deadline for uploading all such Electronic Bank Realisation Certificates (e-BRCs) for shipping bills.

Taxation

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GST Dept. Can Only Seize Goods In Transit And Not From Godown: Allahabad High Court

The Allahabad High Court has held that the goods lying in the godown cannot be seized by invoking section 129 of the CGST Act.

GST Related

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IBBI Notifies Second Amendment To Insolvency Professional Regulations

The Insolvency and Bankruptcy Board of India ("IBBI") has amended the IBBI (Insolvency Professionals) Regulations, 2016 ("IP Regulations") for a second time and has notified the amendment on 13.09.202

Legal

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Security Services Provided By LLP To Registered Person Not Covered Under RCM: AAR

The AAR has ruled that security services provided by LLP to any registered person are not covered by the RCM and are taxable on a forward charge basis.

Registration

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