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  • Court upholds dismissal of appeals filed beyond statutory time limit, clarifies…

    Goods & Services Tax,Feb. 26, 2021

    The appeals arose from the dismissal of writ petitions by a single judge, who had declined to entertain the appeals as they were filed beyond the maximum time limit stipulated under the statute, even after the condonable extent of delay. The appellants argued that the court's power under Article 226 of the Constitution is wide enough to extend relief on merits, and that the technical ground of delay cannot be a bar. The court dismissed the appeals,…

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  • Court quashes GST order for non-compliance with statutory hearing requirement.

    Goods & Services Tax,Mar. 15, 2024

    The case involved an appeal against a Single Judge's order dismissing a writ petition challenging a GST assessment order for FY 2021-22. The court allowed the appeal, quashing the assessment order due to the revenue authority's failure to provide a statutory hearing opportunity before passing the order.

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  • Demystifying the Role of Debenture Trustees: A Comprehensive Guide

    Co. Law, Sebi, Audit & A/c,Apr. 23, 2024

    This comprehensive guide delves into the intricate world of debenture trustees, shedding light on their pivotal role in safeguarding the interests of debenture holders. It explores the eligibility criteria, registration process, duties, and powers of these trustees, while also addressing pertinent questions surrounding the creation and enforcement of security, appointment of nominee directors, and the regulatory framework governing their operations…

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  • Customs & Excise,Mar. 15, 2024

    The case involved an appellant who provided services as a sub-contractor to main contractors during 2008-2012. The appellant did not pay service tax, believing the main contractors had discharged the tax liability on the full contract value. The court ruled that the extended period demand for service tax on the appellant cannot be sustained due to ambiguity in the law during that period.

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  • Goods & Services Tax,Mar. 15, 2024

    The case involves two writ petitions filed by a petitioner challenging the dismissal of their appeals against tax adjudication orders by the appellate authority on the grounds of delay. The appeals were filed under Section 107(1) of the Tripura State Goods and Services Tax Act, 2017, against adjudication orders dated 03.06.2020. The appellate authority rejected the appeals as being filed beyond the stipulated period under Section 107(4) of the Act,…

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Court remands case back to Commissioner for decision on merits after finding de…

This case involves an appeal filed by the appellant against an order passed by the Commissioner (Appeals) rejecting their appeal on the grounds of limitation. The Commissioner had dismissed the appellant's application for condonation of delay in filing the appeal. The court found that the Commissioner erred in not condoning the delay and has remanded the matter back for a decision on merits.

Customs & Excise,Mar. 15, 2024
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  • Co. Law, Sebi, Audit & A/c,Mar. 16, 2024

    When bonds reach maturity, companies must navigate a meticulous set of compliances to ensure a seamless redemption process. The Companies Act, 2013, and its accompanying rules, such as Rule 18(7) of the Companies (Share Capital and Debentures) Rules, 2014, mandate the establishment of a Debenture Redemption Reserve (DRR) and specific investment requirements. Issuers must maintain transparency, provide timely intimations to trustees and stock exchan…

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  • Co. Law, Sebi, Audit & A/c,Mar. 16, 2024

    Companies issuing debentures must navigate the intricate provisions of the Companies Act, 2013, and its accompanying rules. The Act mandates the creation of a Debenture Redemption Reserve (DRR) and a Debenture Redemption Investment (DRI) to protect debenture holders' interests. These measures ensure that companies set aside adequate funds for timely redemption, fostering investor confidence and promoting the growth of India's bond market. Exemption…

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Income Tax,Mar. 08, 2024

This case involves a dispute between an individual assessee and the Income Tax Officer (ITO) over the payment of interest on excess advance tax paid by the assessee. The ITO had refused to pay interest, citing that the advance tax instalments were not paid on the due dates specified in the Income Tax Act. The assessee challenged this decision in the High Court.

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Bakelite Hylam wins interest on excess advance tax paid after due dates

The case involved Bakelite Hylam Ltd. disputing the Income Tax department's refusal to pay interest under Section 214 on excess advance tax paid during the financial year 1971-72, even though some instalments were paid after the due dates specified under Section 211. The Supreme Court ruled in favor of Bakelite Hylam, overruling an earlier Andhra Pradesh High Court judgment.

Income Tax,Mar. 08, 2024
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