The Companies (Amendment) Act 2017 increased importance of compounding of offence manifold. Section 90 of the Companies (Amendment) Act, 2017 read with notification Notification S. O. 630(E) dated 9th February 2018 amended law related to compounding with effect from that date. However, provision of Section 441, as amended, of the Companies Act, 2013 gain momentum with notification Notification S.O. 1833(E) dated 7th May 2018. This notification notified amendment in Section 403. Most compounding application comes due to the late filing of forms constituting the violation of Section 403. Continue reading
Tag Archives: NCLT
“Daag Achchhe haiN (Stains are good)” This must be a tagline of a politician or may of a Strike-off company. Congratulations to all strike-off companies with income tax proceedings. A circular issued by Central Board of Direct Taxes may bring back life to these strike-off companies. It is reported that on or before 4th January 2018, NCLT, vide its interim orders, directs 46 strike –off companies to be deemed to be restored to its original number and entitles petitioner, Income Tax Department to raise demand by serving notice in accordance with law.
The National Company Law Tribunal (Amendment) Rules, 2017 notified on 6th July 2017 which came into force in same date inserted Rule 87A the National Company Law Tribunal Rules, 2016. In this post, we will discuss newly inserted rules with brief background.
Yesterday late evening, I posted here about press release issued by Ministry of Corporate Affairs. Soon thereafter, two files uploaded on Official Gazette website with two notifications in each. In earlier post here today, we discussed establishment and jurisdiction of various NCLT benches.
In this post, we will have a bird’s eye view on Sections notified on 1st June 2016 related to NCLT.
Yesterday late evening, I posted here about press release issued by Ministry of Corporate Affairs and tweets posted by Ministry of Finance. Soon thereafter, two files uploaded on Official Gazette website with two notifications in each. In this post, we will discuss three notifications dealing with jurisdiction. Another post related to provisions notified will follows. Keep watch on this space. Continue reading
Wait before celebration. Caution is buzz word at all transition. Celebration may be deferred till first anniversary.
Now, yes; a press release dated 1st June 2016 time 17.14 IST announce establishment of National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) with dissolution of Company Law Board (CLB). Observer, rightly say, this is name change only with minor changes to facilitate – like appointment of Chairperson NCLAT.
The Ministry of Corporate Affairs has, according to said press release, issued notification for constitution of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) with effect from today i.e. 1st June, 2016. Honourable Justice S. J. Mukhopadhaya, Judge (Retd.), Supreme Court of India has joined as the Chairperson of the NCLAT and Honourable Justice M. M. Kumar, Judge (Retd.) has joined as the President of the NCLT.
With the constitution of the NCLT, the Company Law Board constituted under the Companies Act, 1956 stands dissolved.
Initially, NCLT will have eleven Benches, two at New Delhi and one each at Ahmedabad, Allahabad, Bengluru, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata and Mumbai.
Same time, in absence of Ministry of Corporate affairs on twitter and other social media, official twitter handle of Ministry of Finance socially announced the same:
Till the time of posting this blog post; neither relevant notification was uploaded to official gazette website nor copy of unpublished draft notification uploaded on website of Ministry of Corporate Affairs.
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