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M A R C H 0 4 , 2 0 2 0 | W E D N E S D A Y I S S U E 1 7 9
THE DAILY
LIFELINE
Official Newsletter of Diucon
BIGGEST CHALLENGE-
HOW TO KEEP UPDATED
ON DAILY BASIS
Laws are changing frequently in India, there are big
developments and announcements on daily basis in
Economic & Finance world and many other reforms are on
the way. This newsletter will keep you updated on daily
basis along with documents taken from authentic sources.
By Pradeep Goyal, FCA | CPA, Australia
WHAT'S NEW IN
PROFESSIONAL/
BUSINESS
WORLD TODAY:
Goods & Service Tax
Direct Tax Code
Income Tax
Economy | Finance
Insolvency Laws
INDEX
UPDATES RELATED TO
 New Direct Tax Code
 Goods & Service Tax & Other Indirect Taxes
 Income Tax
 Announcements by ICAI
 Announcements by ICSI
 Corporate Laws
 The Insolvency and Bankruptcy Law
 Security and Exchange Board of India (SEBI)
 Director General of Foreign Trade (DGFT)
 Start-ups
 Micro, Small & Medium Enterprises
 Reserve Bank of India
 New acts notified/Bills introduced in parliament or Executive
orders by President
 Economy & Finance.
[From Monday to Friday 5 days a week as Saturdays and Sundays being holiday and
closure of all government departments hence no updates]
Page 1 of 5
 Goods & Service Tax & other Indirect taxes
 Presentation of important case law wherein Punjab and Haryana High Court
allowed petitions wherein applicants were denied ITC of Pre-GST credits due to
non-filling of Form Tran-1 in given time and also due to wrong filing of Tran-1 and no
revision allowed after limitation period. SC also rejected SLP of department against
order of High Court.
Case law-
Adfert Technologies Private Limited [Petitioner]
[And other multiple petitions consolidated]
Vs
Union of India & Ors [Respondents]
Download presentation and both judgements here
 Legal updates- Advance Ruling Authorities/Tribunals/High Courts/Supreme Court
Sr.No.
Key to find the
document
Authority who
passed the order
Details of decision
Provisions
discussed
Decision
1 2020] 114
taxmann.com 497
Sawariya Traders
v.
State of Gujarat
R/SPECIAL CIVIL
APPLICATION NO.
22211 OF 2019
DECEMBER 17,
2019
Gujrat High Court Section
129 and
130
Where Competent
Authority had
detained goods of
assessee under
transport under
section 129(1) and
issued show cause
notice under section
130 to driver of
vehicle, notice was
required to be issued
on GST Authorities.
Page 2 of 5
Sr.No.
Key to find the
document
Authority who
passed the order
Details of decision
Provisions
discussed
Decision
2 [2020] 114
taxmann.com 498
OL of Sterling
Basic Organics Ltd.
(In Liqn), In re
R/OFFICIAL
LIQUIDATOR
REPORT NO. 168
OF 2019
DECEMBER 16,
2019
Gujrat High Court Section 25 Where assessee
(Official Liquidator of
a company in
liquidation) filed writ
petition praying to
permit him to obtain
digital signatures of
authorised persons to
complete procedures
of acquiring GST
number (registration)
of company in
liquidation, assessee
was to be allowed to
obtain digital
signatures
 Income Tax
 Legal updates- Tribunals, High Court & Supreme Court judgements
Sr.No. Key to find the
document
Authority who
passed the order
Details of decision
Provisions
discussed
Decision
1 [2020] 114
taxmann.com 495
KBR Infratech Ltd.
v. ACIT, Circle - 2(1),
Bengaluru
IT APPEAL NO. 117
OF 2017
DECEMBER 18,
2019
Karnataka High
Court
Section
221 and
201
Financial stringency
would not justify non-
remittance of TDS to
Govt.; levy of penalty
justified.
Page 3 of 5
 Announcement by ICAI
 ICAI’s Exposure Draft of Standard on Internal Audit (SIA) 250,
Communication with Those Charged with Governance (Comments to be
received by March 29, 2020).
Here is draft
 ICAI’s Exposure Draft of Standard on Internal Audit (SIA) 140, Governance
(Comments to be received by March 29, 2020)
Here is draft
 ICAI’s Exposure Draft of Standard on Internal Audit (SIA) 150, Compliance
with Laws and Regulations (Comments to be received by March 29, 2020)
Here is draft
 ICAI e-journal for March, 2020
Read here
 Announcement by ICSI
 ICSI opened window for knowing Status of Application for Verification of
Marks/Inspection of Answer Book(S) / Supply of Certified Copy(ies) of
Answer Book(S) - December, 2019 Examination.
Check it here
 ICSI announce Last Date to Register for Appearing in May, 2020 Session of
CS Executive Entrance Test (CSEET).
Announcement here
 Corporate Laws
 MCA issued Clarification on prosecutions filed or internal adjudication
proceedings initiated Independent Directors, non-promoters and non-KMP
non-executive directors.
Download general circular 1/2020
Page 4 of 5
 MCA invites Public Comments on the Competition (Amendment) Bill, 2020.
Ministry of Corporate Affairs had constituted a Competition Law Review
Committee (CLRC) under the Chairmanship of Secretary, Corporate Affairs in
October, 2018 to review and recommend a robust Competition regime by
taking the inputs of key stakeholders, and suggest changes in both the
substantive and procedural aspects of law. Based on comprehensive review
of all relevant issues, the Committee had submitted its report to the
Government in July, 2019 and recommended certain amendments to the act
and subordinate legislations. Accordingly, a Competition (Amendment) Bill,
2020 has been drafted for carrying out amendments in the Competition Act,
2002.
Visit here for more
 The Insolvency and Bankruptcy Law
 Notification/Circular/Press release/ Write-ups/Newsletters by IBBI/Government.
 Insolvency Professionals’ Conclave “Building the Institution of Insolvency
Professionals” on Monday, 16th March 2020 at Mumbai.
Read here for more
 Legal updates- NCLT | NCLAT | SUPREME COURT
Sr.No. Key to find the
document
Authority who
passed the
order
Details of decision
Provisions
discussed
Decision
1 [2020] 114
taxmann.com 413
Munish Kumar
Bhunsali v.
Kotak Mahindra
Bank Ltd.
COMPANY APPEAL
(AT)
(INSOLVENCY) NO.
1349 OF 2019†
JANUARY 8, 2020
NCL-AT Delhi 238A Debt acknowledged
after expiry of 3 yrs.
isn't sufficient to keep
debt alive or to
constitute cause of
action.
Page 5 of 5
 Reserve Bank of India
 The Reserve Bank of India released Lending Rates of Scheduled Commercial
Banks based on data received during the month of February 2020.
Notification here
 Economy & Finance
 Govt approves 72 amendments to Companies Act to decriminalise offences:
FM.
Union Cabinet, chaired by the Prime Minister, Shri Narendra Modi has
approved the Companies (Second Amendment) Bill, 2019 to amend the
Companies Act, 2013. The Bill would remove criminality under the Act in case
of defaults which can be determined objectively and which, otherwise, lack
the element of fraud or do not involve larger public interest. This would also
lead to further de-clogging of the criminal justice system in the country. The
Bill would also further ease of living for law abiding corporates. Earlier, the
Companies (Amendment) Act, 2015 amended certain provisions of the Act to
remove difficulties faced in implementation of various provisions of the Act.
Fin Min Release
 Vivaad Se vishwas Bill to settle tax disputes passes LS test.
A bill to provide an opportunity to taxpayers to settle their tax disputes by
paying just due taxes with complete waiver of interest and penalty by March
31 was approved by Lok Sabha on Wednesday. The Direct Tax Vivaad Se
Vishwas Bill, 2020, which was introduced by Finance Minister Nirmala
Sitharaman in the House on March 2, was passed amid huge uproar from the
Opposition over violence in New Delhi in recent days, where almost 50
people lost their lives, with several getting displaced.
Business Standard Report
 NCLAT dismisses Deloitte, KPMG pleas against impleadment in IL&FS case
The National Company Law Appellate Tribunal (NCLAT) on Wednesday
dismissed the pleas of debt-ridden IL&FS auditors -- Deloitte Haskins & Sells
and KPMG arm BSR & Associates -- challenging their impleadment in the case
involving alleged fraud in IFIN, a subsidiary of IL&FS. A two-member NCLAT
bench led by Chairman Justice S J Mukhopadhaya dismissed the pleas of
auditors and other independent directors.
Business Standard report
SAVE WATER || SAVE UNIVERSE
=============================================
About Scribbler
PRADEEP GOYAL
 Fellow Member of the Institute of
Chartered Accountants of India.
 Associate member of Professional
Accounting Body of Certified
Practising Accountants (CPA),
Australia.
 Registered Valuer with IBBI- Asset
Class- Securities or Financial Assets
 CFA (Corporate Finance)- Columbia
Business School, USA | EMERITUS
Institute of Management, Singapore.
 Certified Goods & Service Tax
Practitioner from ICAI & Ministry of
Micro, Small & Medium Enterprises,
Government of India.
================================
Connect
pradeep@pgaa.in +91-9811777103
[Double click on icons to open]
Page
http://www.pgaa.in
Knowledge shared= Knowledge2
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Newsletter on daily professional updates- 04/03/2020

  • 1. M A R C H 0 4 , 2 0 2 0 | W E D N E S D A Y I S S U E 1 7 9 THE DAILY LIFELINE Official Newsletter of Diucon BIGGEST CHALLENGE- HOW TO KEEP UPDATED ON DAILY BASIS Laws are changing frequently in India, there are big developments and announcements on daily basis in Economic & Finance world and many other reforms are on the way. This newsletter will keep you updated on daily basis along with documents taken from authentic sources. By Pradeep Goyal, FCA | CPA, Australia WHAT'S NEW IN PROFESSIONAL/ BUSINESS WORLD TODAY: Goods & Service Tax Direct Tax Code Income Tax Economy | Finance Insolvency Laws
  • 2. INDEX UPDATES RELATED TO  New Direct Tax Code  Goods & Service Tax & Other Indirect Taxes  Income Tax  Announcements by ICAI  Announcements by ICSI  Corporate Laws  The Insolvency and Bankruptcy Law  Security and Exchange Board of India (SEBI)  Director General of Foreign Trade (DGFT)  Start-ups  Micro, Small & Medium Enterprises  Reserve Bank of India  New acts notified/Bills introduced in parliament or Executive orders by President  Economy & Finance. [From Monday to Friday 5 days a week as Saturdays and Sundays being holiday and closure of all government departments hence no updates]
  • 3. Page 1 of 5  Goods & Service Tax & other Indirect taxes  Presentation of important case law wherein Punjab and Haryana High Court allowed petitions wherein applicants were denied ITC of Pre-GST credits due to non-filling of Form Tran-1 in given time and also due to wrong filing of Tran-1 and no revision allowed after limitation period. SC also rejected SLP of department against order of High Court. Case law- Adfert Technologies Private Limited [Petitioner] [And other multiple petitions consolidated] Vs Union of India & Ors [Respondents] Download presentation and both judgements here  Legal updates- Advance Ruling Authorities/Tribunals/High Courts/Supreme Court Sr.No. Key to find the document Authority who passed the order Details of decision Provisions discussed Decision 1 2020] 114 taxmann.com 497 Sawariya Traders v. State of Gujarat R/SPECIAL CIVIL APPLICATION NO. 22211 OF 2019 DECEMBER 17, 2019 Gujrat High Court Section 129 and 130 Where Competent Authority had detained goods of assessee under transport under section 129(1) and issued show cause notice under section 130 to driver of vehicle, notice was required to be issued on GST Authorities.
  • 4. Page 2 of 5 Sr.No. Key to find the document Authority who passed the order Details of decision Provisions discussed Decision 2 [2020] 114 taxmann.com 498 OL of Sterling Basic Organics Ltd. (In Liqn), In re R/OFFICIAL LIQUIDATOR REPORT NO. 168 OF 2019 DECEMBER 16, 2019 Gujrat High Court Section 25 Where assessee (Official Liquidator of a company in liquidation) filed writ petition praying to permit him to obtain digital signatures of authorised persons to complete procedures of acquiring GST number (registration) of company in liquidation, assessee was to be allowed to obtain digital signatures  Income Tax  Legal updates- Tribunals, High Court & Supreme Court judgements Sr.No. Key to find the document Authority who passed the order Details of decision Provisions discussed Decision 1 [2020] 114 taxmann.com 495 KBR Infratech Ltd. v. ACIT, Circle - 2(1), Bengaluru IT APPEAL NO. 117 OF 2017 DECEMBER 18, 2019 Karnataka High Court Section 221 and 201 Financial stringency would not justify non- remittance of TDS to Govt.; levy of penalty justified.
  • 5. Page 3 of 5  Announcement by ICAI  ICAI’s Exposure Draft of Standard on Internal Audit (SIA) 250, Communication with Those Charged with Governance (Comments to be received by March 29, 2020). Here is draft  ICAI’s Exposure Draft of Standard on Internal Audit (SIA) 140, Governance (Comments to be received by March 29, 2020) Here is draft  ICAI’s Exposure Draft of Standard on Internal Audit (SIA) 150, Compliance with Laws and Regulations (Comments to be received by March 29, 2020) Here is draft  ICAI e-journal for March, 2020 Read here  Announcement by ICSI  ICSI opened window for knowing Status of Application for Verification of Marks/Inspection of Answer Book(S) / Supply of Certified Copy(ies) of Answer Book(S) - December, 2019 Examination. Check it here  ICSI announce Last Date to Register for Appearing in May, 2020 Session of CS Executive Entrance Test (CSEET). Announcement here  Corporate Laws  MCA issued Clarification on prosecutions filed or internal adjudication proceedings initiated Independent Directors, non-promoters and non-KMP non-executive directors. Download general circular 1/2020
  • 6. Page 4 of 5  MCA invites Public Comments on the Competition (Amendment) Bill, 2020. Ministry of Corporate Affairs had constituted a Competition Law Review Committee (CLRC) under the Chairmanship of Secretary, Corporate Affairs in October, 2018 to review and recommend a robust Competition regime by taking the inputs of key stakeholders, and suggest changes in both the substantive and procedural aspects of law. Based on comprehensive review of all relevant issues, the Committee had submitted its report to the Government in July, 2019 and recommended certain amendments to the act and subordinate legislations. Accordingly, a Competition (Amendment) Bill, 2020 has been drafted for carrying out amendments in the Competition Act, 2002. Visit here for more  The Insolvency and Bankruptcy Law  Notification/Circular/Press release/ Write-ups/Newsletters by IBBI/Government.  Insolvency Professionals’ Conclave “Building the Institution of Insolvency Professionals” on Monday, 16th March 2020 at Mumbai. Read here for more  Legal updates- NCLT | NCLAT | SUPREME COURT Sr.No. Key to find the document Authority who passed the order Details of decision Provisions discussed Decision 1 [2020] 114 taxmann.com 413 Munish Kumar Bhunsali v. Kotak Mahindra Bank Ltd. COMPANY APPEAL (AT) (INSOLVENCY) NO. 1349 OF 2019† JANUARY 8, 2020 NCL-AT Delhi 238A Debt acknowledged after expiry of 3 yrs. isn't sufficient to keep debt alive or to constitute cause of action.
  • 7. Page 5 of 5  Reserve Bank of India  The Reserve Bank of India released Lending Rates of Scheduled Commercial Banks based on data received during the month of February 2020. Notification here  Economy & Finance  Govt approves 72 amendments to Companies Act to decriminalise offences: FM. Union Cabinet, chaired by the Prime Minister, Shri Narendra Modi has approved the Companies (Second Amendment) Bill, 2019 to amend the Companies Act, 2013. The Bill would remove criminality under the Act in case of defaults which can be determined objectively and which, otherwise, lack the element of fraud or do not involve larger public interest. This would also lead to further de-clogging of the criminal justice system in the country. The Bill would also further ease of living for law abiding corporates. Earlier, the Companies (Amendment) Act, 2015 amended certain provisions of the Act to remove difficulties faced in implementation of various provisions of the Act. Fin Min Release  Vivaad Se vishwas Bill to settle tax disputes passes LS test. A bill to provide an opportunity to taxpayers to settle their tax disputes by paying just due taxes with complete waiver of interest and penalty by March 31 was approved by Lok Sabha on Wednesday. The Direct Tax Vivaad Se Vishwas Bill, 2020, which was introduced by Finance Minister Nirmala Sitharaman in the House on March 2, was passed amid huge uproar from the Opposition over violence in New Delhi in recent days, where almost 50 people lost their lives, with several getting displaced. Business Standard Report  NCLAT dismisses Deloitte, KPMG pleas against impleadment in IL&FS case The National Company Law Appellate Tribunal (NCLAT) on Wednesday dismissed the pleas of debt-ridden IL&FS auditors -- Deloitte Haskins & Sells and KPMG arm BSR & Associates -- challenging their impleadment in the case involving alleged fraud in IFIN, a subsidiary of IL&FS. A two-member NCLAT bench led by Chairman Justice S J Mukhopadhaya dismissed the pleas of auditors and other independent directors. Business Standard report SAVE WATER || SAVE UNIVERSE
  • 8. ============================================= About Scribbler PRADEEP GOYAL  Fellow Member of the Institute of Chartered Accountants of India.  Associate member of Professional Accounting Body of Certified Practising Accountants (CPA), Australia.  Registered Valuer with IBBI- Asset Class- Securities or Financial Assets  CFA (Corporate Finance)- Columbia Business School, USA | EMERITUS Institute of Management, Singapore.  Certified Goods & Service Tax Practitioner from ICAI & Ministry of Micro, Small & Medium Enterprises, Government of India. ================================ Connect pradeep@pgaa.in +91-9811777103 [Double click on icons to open] Page http://www.pgaa.in Knowledge shared= Knowledge2 Profile