In terms of proviso to section 101(1) of the Companies Act, 2013 the notice of general meeting may be shorter than 21 days if consent in writing or
electronic mode is given by members entitled to vote at such meetings. Does this mean that if we follow section 101 for obtaining consent of the members to call the general meeting at shorter notice, then it will be possible for the company to send the audited financial statement along with the notice at shorter notice?
GST department has started sending audit notice for financial year 17-18 and 18-19 also.
Here is brief Proforma of Notice being Issued by Department and what details and documents they initially require from all the assessees.
Knowing the details would be very helpful for all in coming Audit Times and to Prepare for Audits.
As all of you are aware that CBIC in its special drive has started sending mails demanding interest for belated filling of 3B after passing an internal order no CBEC-20/16/07/2020-GST dated 10/02/2020 by Special Secretary,CBIC . One of our clients got such type of mail.We have given our submission citing provisions and case laws.In response to that submission honble superintendent revert following mail to us.I am sending that mail in toto to all of you for my information and knowledge that WHETHER A SPECIAL SECRETARY HAS GOT POWER TO SUPERSEDE HIGH COURT`S JUDGEMENT ??? Awaiting for your response. Dear Taxpayer, in response to your letter, this is for your kind information that the amendment what you have stated in your reply has not been notified by the Government till date. Section 50 of the CGST Act, 2017 is very clear in this regard. Hence, you claim of payment of interest on cash amount is not sustainable. Secondly, despite of judgement of Madras High Court, Special Secretary, CBIC superseding the Judgement of Madras High Court, vide D.O. letter dated 10.02.2020 has ordered to recovery the interest on Gross Tax and Gujrat High Court's interim stay order is not a final order. Therefore, you are again requested to deposit the interest amount failing which recovery proceeding under Sub-Section 12 of Section 75 of the CGST Act, 2017 will be initiated against you. Thanking you Yours faithfully (Nikhilesh Bhattacharyya ) Superintendent of Central Tax & Cx Range-IV: Junglepur CGST & CX Division
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