Daily Updates

Judicial Corner: Hon’ble Apex Court Supreme Court held that after passing of Resolution Professional by NCLT, cheque bounce case will cease only against Corporate Debtor if taken over by new management and not against signatories/ ex-directors. (20.03.2023)

IBC   Hon’ble Apex Court Supreme Court held that after passing of Resolution Professional by NCLT, cheque bounce case will cease only against Corporate Debtor if taken over by new management and not against signatories/ ex-directors.

Corporate Laws: MCA established of Centre for Processing Accelerated Corporate Exit (also called C-Pace) which facilitates and speed up the voluntary winding-up of companies from the currently required two years to less than six months. (20.03.2023)

Corporate Laws: MCA established of Centre for Processing Accelerated Corporate Exit (also called C-Pace) which facilitates and speed up the voluntary winding-up of companies from the currently required two years to less than six months. [Notification F. No. A-42/21/2022-Ad.II-MCA dated 17th March 2023]

Judicial Corner (14.03.2023)

Excise & Service Tax Karnataka High Court held that Deficiency in refund claim can’t be made as a ground by Dept. to pass refund order beyond statutory period of 3 months and Interest is to be paid to assessee if refund is not made within prescribed period of three months.

SEBI: All existing investors are required to ensure linking of their PAN with Aadhaar number prior to March 31, 2023, for continual and smooth transactions in securities market and to avoid consequences of non-compliance.(13.03.2023)

SEBI: All existing investors are required to ensure linking of their PAN with Aadhaar number prior to March 31, 2023, for continual and smooth transactions in securities market and to avoid consequences of non-compliance.   [Press Releases No. 05/2023]

Customs: The labels on imported food consignments which are found to be non-compliant by laboratory during analysis, the importer may rectify the label and the concerned AO shall verify the compliance and issue the No Objection Certificate for the said consignment (13.03.2023)

Customs: The labels on imported food consignments which are found to be non-compliant by laboratory during analysis, the importer may rectify the label and the concerned AO shall verify the compliance and issue the No Objection Certificate for the said consignment. [Instruction No. 09/2023-Customs Dated: 7th March, 2023]

Judicial Corner (13.03.2023)

GST High Court of Orissa held that in case of Cancellation of GST registration by Departmental officer the fraud committed by the selling dealer cannot be ground for cancellation of GST registration of purchasing dealer more so when involvement of purchasing dealer in availing wrongful ITC was not established.

Judicial Corner (12.03.2023)

Income Tax ITAT Kolkata dismissed the appeal filed after the limitation period and held that Condonation is not granted on unreasonable explanation of non-availability of tax consultant without any substantive proof.

Judicial Corner (11.03.2023)

GST Delhi High Court held that for limitation period calculation for GST Refund Application the period from 01.03.2020 to 28.02.2022 not includible and shall be excluded. Central Excise CESTAT Ahmedabad held that Classification of Service cannot be disputed at the recipient End.

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