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  • Court dismisses GST appeal as time-barred, upholds strict limitation period und…

    Goods & Services Tax,Mar. 14, 2024

    This case involves a writ petition filed by the petitioner challenging an order passed by the appellate authority dismissing their appeal as time-barred under Section 107 of the Central Goods and Services Tax (CGST) Act, 2017. The court upheld the appellate authority's decision, ruling that the limitation period prescribed under the CGST Act is strict and cannot be extended by applying the provisions of the Limitation Act, 1963.

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  • GST Appeal Dismissed as Time-Barred, Court Upholds Strict Limitation Period Und…

    Goods & Services Tax,Mar. 14, 2024

    This case involves a writ petition filed by the petitioner challenging an order passed by the Commissioner (Appeals), CGST, dismissing the petitioner's appeal as time-barred under Section 107 of the Central Goods and Services Tax Act, 2017 (CGST Act). The court upheld the appellate authority's decision, ruling that the limitation period prescribed under the CGST Act is strict and cannot be extended by applying the provisions of the Limitation Act, …

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  • SEBI Circular Addresses Appointment of Nominee Director by Debenture Trustees

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

    The Securities and Exchange Board of India (SEBI) has issued a groundbreaking circular addressing the appointment of nominee directors by debenture trustees on the boards of issuers. This directive aims to safeguard investor interests and promote transparency in the securities market. While companies under the Companies Act, 2013 are obligated to appoint nominee directors, SEBI recognizes the challenges faced by issuers governed by different statut…

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

    India's corporate landscape is undergoing a transformative shift as the Ministry of Corporate Affairs mandates private companies to issue securities in dematerialized form. This groundbreaking move necessitates foreign companies and their wholly-owned subsidiaries (WOS) in India to swiftly adapt by obtaining International Securities Identification Numbers (ISIN) and opening dematerialization accounts. The directive aims to streamline securities iss…

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  • Others,Mar. 16, 2024

    Embarking on the journey of issuing non-convertible debentures (NCDs) through private placement demands a profound grasp of the intricate web of governing acts, regulations, and circulars. This comprehensive guide illuminates the path, unveiling the eligibility criteria, procedural intricacies, and compliance obligations that must be navigated. Gain invaluable insights into the nuances of structuring, issuing, and listing these fixed-income instrum…

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How would you handle the taxation of Non-Convertible Debentures (NCDs)?

Investing in non-convertible debentures (NCDs) offers a stable income stream, but it's crucial to understand the tax implications. Interest income from NCDs is taxed under "Income from Other Sources" at the applicable slab rate. At redemption, the principal amount is exempt, but interest received is taxable. For listed NCDs, short-term capital gains (held ≤12 months) are taxed at 10% without indexation. For unlisted NCDs, short-term gains (held ≤36…

Income Tax,Mar. 16, 2024
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  • Co. Law, Sebi, Audit & A/c,Apr. 02, 2024

    The Securities and Exchange Board of India (SEBI) has unveiled a comprehensive Master Circular consolidating guidelines for Debenture Trustees. This circular aims to streamline processes, enhance transparency, and bolster investor protection in the corporate debt market. Key aspects include a robust security creation mechanism, continuous monitoring through a distributed ledger technology platform, and provisions for a Recovery Expense Fund to aid …

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  • Co. Law, Sebi, Audit & A/c,Mar. 18, 2024

    The Securities and Exchange Board of India (SEBI) has released a consultation paper proposing significant changes to the NCS Regulations and LODR Regulations. The key proposals include introducing a fast-track mechanism for public issuance of debt securities, reducing the face value of privately placed NCDs/NCRPS to ₹10,000 with merchant banker appointment, rationalizing disclosures in offer documents, and standardizing record dates. The aim is to …

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Customs & Excise,Mar. 15, 2024

This case involves an appeal against an order passed by the Commissioner (Appeals) Customs, Central Excise & Service Tax, Lucknow, dismissing the appellant's appeal as time-barred. The Commissioner (Appeals) held that the appeal was filed after more than a year from the date of receipt of the original order, exceeding the statutory limitation period prescribed under Section 85(3A) of the Finance Act, 1994.

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Court dismisses GST appeal filed beyond limitation period, rejects application …

This case involves a writ petition challenging the dismissal of the petitioner's appeal under Section 107 of the Uttar Pradesh Goods and Services Tax Act, 2017 (GST Act) on the ground of limitation. The petitioner argued that Section 5 of the Limitation Act, 1963, which allows for condonation of delay, should apply. However, the court rejected this contention and upheld the dismissal of the appeal.

Goods & Services Tax,Mar. 15, 2024
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