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Query Posted : 308
Query Replied : 308
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  • Bill to Outside India and ship to India
    by HITESH on Friday, April 30, 2021  at 03:38 PM

    A customer gives orders from outside India and goods shall be delivered within India and payment will be receivable in Foreign exchange, whether transaction shall be treated as export or domestic transaction, and whether bank shall release remittance in case of domestic transaction.

  • reg TCS
    by Nitin on Monday, April 19, 2021  at 07:54 PM

    Sir It is about Taxcollection at source(TCS). whether we can deduct TCS under section 206C on invoices. as most of people are doing same. Thanks nitin gulechha

  • Application for Initiating CIRP
    by Prashant on Wednesday, April 14, 2021  at 01:48 PM

    Can CGST Department file application under section9 in case corporate debtor does default more than threshold limit.

  • ITC on automatic coffee machine
    by Vikram Jeet on Monday, April 05, 2021  at 12:03 PM

    Sir, Can we claim an input tax credit of GST paid on the purchase of an automatic coffee machine installed in the office?

  • IBC
    by Vivek on Sunday, March 07, 2021  at 08:27 PM

    Dear Sir, If a corporate debtor (buyer) has communicated the issue regarding bad quality of materials to supplier through e-mail. But buyer has not initiated any legal suit/proceeding in court of law, then can we say that there is a pre- existing dispute as per Sec 8 of IBC ?? 2) Banks will intiate IBC proceedings against a company , after the a/c of such company has been classified as NPA ?? 3) Banks will have the option to proceed either under SARFAESI or under IBC ??

  • Time limit in IBC
    by Vivek on Saturday, March 06, 2021  at 02:06 PM

    Dear Sir, With reference to my earlier query in link-- https://ibc.taxmann.com/ibcqueryreply.aspx?qid=59459 Pls clarify that if extension of only 60 days is granted by NCLT [ after 180 days] , then the MAXIMUM TIME LIMIT (i.e. Outer limit) FOR COMPLETING CIRP will be 300 days or any other time limit ?? Pls tell outer limit ?? 2) 300 days (330 days - 30 days =300 days) bcoz instead of 90 days, extension of 60 days given in above case. Do u agree ??

  • IBC
    by Vivek on Friday, March 05, 2021  at 03:51 PM

    Dear Sir, Now entire CIRP should be completed within 330 days. Query- If extension granted by NCLT is for 60 days only [after 180 days] , then also time limit for completing CIRP for that corporate debtor will be 330 days only ?? 2) If not, then what will be the time limit for completion of CIRP in above case ?? 3) If NCLT grants extension of say 60 days intially for CIRP , then can it again extend by 30 days ??

  • Essential supply-IBC
    by Vivek on Friday, March 05, 2021  at 03:08 AM

    Dear Sir, In Regulation 32 of IBC [Essential supplies] it is mentioned that -- ......." to the extent these are not a direct input to the output produced or supplied by the corporate debtor" Query- On the basis of above, can we say that, purchase of Raw material by Corporate debtor is Not an ESSENTIAL supply bcoz it is a direct input to the output produced or supplied ... THEREFORE, PURCHASE OF RAW MATERIAL BY CORPORATE DEBTOR DURING MORATORIUM IS NOT ALLOWED ?? Thanks sir..

  • IBC
    by Vivek on Friday, March 05, 2021  at 03:06 AM

    Dear Sir, What is the meaning of "Issue of Invitation for Expression of Interest" in IBC ?? 2) Is there any provision in IBC that Interim resolution professional must constitute the COC within 30 days from his appointment. If yes, pls tell section no.. ?

  • Insolvency
    by Vivek on Tuesday, March 02, 2021  at 08:34 PM

    Dear Sir,If Mr.X Insolvency professional is proposed as Resolution professional of X Ltd, then,Whether ALL the Partners/directors of Insolvency professional Entity [in which X was also partner/director] should MEET THE INDEPENDENCE CRITERIA [with X LTD] MENTIONED IN EXPLANATION to Regulation 3 of IBBI (INSOLVENCY RESOLUTION PROCESS FOR CORPORATE PERSONS) REGULATIONS, 2016 ?? 2) Pls tell the time limit within which Committee of Creditor should be constituted by Interim resolution professional

  • Insolvency commencement date
    by Vivek on Monday, March 01, 2021  at 01:54 AM

    Dear Sir, If Operational Creditor did not name the Interim Resolution professional [IRP] in application u/s 9 [of IBC,2016], then IBBI will recommend the name u/s 16 to NCLT within 10 days. Query- What will be the insolvency commencement date in this case ?? 2)In above case-- Corporate Insolvency resolution process will commence from which of the following dates -- a) when IRP is appointed within 10 days by IBBI b) when application is admitted by NCLT ??

  • Adjudication
    by Vivek on Monday, February 22, 2021  at 08:50 PM

    Dear Sir, What is adjudication in companies act 2013 ?? 2) What is the difference between scope of authority of Adjudicating Authority & Special court ?? 3) Sir, why special court cannot take cognizance on its own ??

  • GST on Residential house Rent
    by Anuj on Wednesday, February 17, 2021  at 10:58 PM

    An individual has taken Residential house on Rent for his resident purpose. Agreemnt from owner says GST will be borne by tanent. Whether GST will apply if someone has taken residnetial property for resident on Rent? whether any declaration to give to landlord?

  • Investor of a Co. under CIRP
    by Vivek on Saturday, February 13, 2021  at 12:14 AM

    Dear Sir, I am having shares of Videocon Company in PHYSICAL FORM. As Videocon company is in CIRP (Corporate Insolvency resolution) process, so what to do with such physical shares. ?? 2) I am also having debentures of Videocon Company. So, what to do as company is in CIRP ??

  • customs valuation
    by chidambaram on Wednesday, February 10, 2021  at 11:53 PM

    The item imported is waste and restricted. But can be imported under DGFT licence. Licence available. Declared CIF value Rs.0.50/kg. . Indian market price is Rs 10/kg. The exporter bears some part of the freight and sells the product at a discount. The waste materials were collected by the exporter and for the disposal they collect amount from the persons who is disposing them. But sea freight element alone is INR 8.50/kg. Whether the dept can resort to valuation under CVR 2007.

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