Saturday, 8 September 2018

08 September 2018 Updates

GSTN Alert: Taxpayers can’t View Return Summary Due to this Change in Portal*

Read more at: http://www.taxscan.in/gstn-return-summary-portal/28009/
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NCLT (Delhi Bench) : In Miditech Pvt. Ltd.

Petition by Corporate Debtor under Section 10 being complete in all respects and there being a default on its part has to be admitted as contentions raised by the Creditor are not tenable since pendency of proceedings with DRT are no bar to filing and maintaining of Petition.

Read full case law at : https://dasgovernance.com/2018/09/07/nclt-delhi-bench-in-miditech-pvt-ltd/
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Finance Ministry has said GST refunds can be claimed by simply submitting a printout of 'GSTR-2A' form to tax authorities instead of giving all purchase invoices of a month. The proper officer shall rely upon form GSTR-2A as an evidence of the account of the supply by the corresponding supplier in relation to which the input tax credit has been availed by the claimant.

Finance Ministry notified the format for filing annual GST returns. With this, the uncertainty over filing the return is over and now assessees will have to file the first annual return by December 31.

CBIC has notified the CGST (8th Amendment) Rules,2018, mainly to amend CGST Rules 22, 36, 55, 89, 96 and 138A along with Forms GST REG-20, ITC-04 & EWB-01 and to introduces Form GSTR-9 (Annual Return).

MCA: in respect of an individual who is in possession of Duplicate/Multiple DINs, he can retain the Oldest DIN only. DINs obtained later have to be surrendered. on approval of form DIR-5, all existing/erstwhile associations of the surrendered DIN shall be automatically mapped to the retained DIN.

SEBI may soon dilute some of the controversial provisions notified in its April 10 circular on foreign portfolio investors (FPIs). Sources say the regulator is mulling exempting people of Indian origin (PIOs) from the ambit of the new KYC norms.

DGFT authorities have made amendments in Aayat Niryat Form (ANF) pertaining to Chapter 6 & 7 of the Handbook of procedures 2015-2020. in the light of implementation of GST and updation of FTP / HBP wef 05-12-2017.

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Introducing Customers to Financial Institutes amount to Business Auxiliary Service: CESTAT* [Read Order]

Read more at: http://www.taxscan.in/customers-financial-institutes-business-auxiliary-service-cestat/28005/
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GSTN Alert: Taxpayers can’t View Return Summary Due to this Change in Portal*

Read more at: http://www.taxscan.in/gstn-return-summary-portal/28009/
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GST Dept to move High Court challenging Easy Bail Conditions

Read more at: http://www.taxscan.in/gst-dept-to-move-high-court-challenging-easy-bail-conditions/28024/
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Amazon Kindle is not Dictionary, attracts Customs Duty, rules Delhi High Court* [Read Judgment]

Read more at: http://www.taxscan.in/amazon-kindle-dictionary-customs-duty-delhi-high-court/28013/
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Ex-Director can’t Sign and Verify Appeal Memo filed before Tribunal: ITAT* [Read Order]

Read more at: http://www.taxscan.in/ex-director-sign-verify-appeal-memo-filed-tribunal-itat/27992/
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Insolvency Professional suspended for using ‘IBBI’ in the Name of LLP* [Read Order]

Read more at: http://www.taxscan.in/insolvency-professional-suspended-using-ibbi-name-llp/28035/
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A Provision made as per Accounting Standards of ICAI Excludable from Book Profits: ITAT [Read Order]

Read more at: http://www.taxscan.in/provision-accounting-standards-icai-excludable-book-profits-itat/28030/
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NCLT (New Delhi Bench) : In Vivek Gupta vs. Proactive Plast Pvt. Ltd.

Where promoter of company had given interest free unsecured loan to the company to be used as margin money enabling it to get loan facility from bank which became part of company’s working capital and further promoter agreed not to seek recovery till liability of bank stood extinguished, on company’s failure to repay, promoter could not initiate insolvency resolution process.

Read full case law at : https://dasgovernance.com/2018/09/08/nclt-new-delhi-bench-in-vivek-gupta-vs-proactive-plast-pvt-ltd-2/