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Cenvat Credit - Supply to SEZ - Amendment to rule 6 - whether retrospective or prospective - the amendment is clarificatory in nature - held as retrospective - HC Rebate claims under Rule 18 - Export - original and duplicate copies of the ARE-1 forms were lost by their CHA and the Petitioner had lodged an FIR - all other conditions met - rebate allowed - HC Levy of service tax - The petitioner has adopted a non-cooperative attitude and collected mob on the spot and sensitized them of the requirement of law and threatened the officers, while the search continued. - against the assessee. - HC Levy of service tax on packaging activity - palletizing of cargo for export - the packing done by the appellant forming part of “cargo handling service” is not the type of packing referred to in sub-section (76b). - HC Additions u/s 68 - AO could not shift the burden back onto the Assessee Company without producing any tangible material to doubt the veracity of the documents furnished by the assessee. - HC MAT - for computation of adjusted book profit, the provisions of sec.14A cannot be imported into clause (f) of the Explanation to sec. 115JB. - Tri Registration u/s 12A cancelled - After insertion of proviso to section 2(15) the assessee has lost its character of charitable organization. The assessee is a service provider. Against assessee. - Tri Entitlement for Registration under Section 12AA - Since the object of the assessee society is only to benefit a particular community, primarily, Telugu Beri Vysia community and for performance of similar functions by other Hindus, the Tribunal rightly dismissed the appeal - HC Addition - Mere disparity in the consumption of electricity could not be a reason for estimating higher turnover as the production depends upon various factors. - Tri Forward contract cancellation loss - whether be treated as business loss - held yes since it is not a speculation transaction - HC A shareholder holding only 0.001% shares cannot be permitted to hold the company to ransom where 99% of the shareholders have accepted the scheme and the majority of the remaining shareholder comprising 1% have accepted the scheme and taken the moneys in lieu of their shares. - HC Demand of duty – Suo-moto credit taken by appellant - the amount paid by mistake cannot be termed as duty in the case on hand - demand set aside. - Tri Import of IPR - Duty of customs or service tax - Import of imported drawings and designs along with the plant and machinery and capital goods - levy of service tax upheld - Tri Process of electroplating - process undertaken by the appellant amounts to manufacture and therefore they are not liable to pay service tax - Tri Appropriate rate of tax - Works Contract Service - 4% or 2% - the applicable rate of tax would be the rate which was prevalent prior to 01.03.2008 - instruction dated 28.04.2008 is invalid - HC Section 40(a) (ia) would cover not only to the amounts which are payable as on 31th March of a particular year but also which are payable at any time during the year. - HC The proceedings in the Parliament, its debates and even the speeches made by the proposer of a bill are ordinarily not considered as relevant or safe tools for interpretation of a statute. - HC Disallowance u/s 40(a)(ia) - TDS - the decision of the Tribunal in the case of M/s. Merilyn Shipping & Transports vs. ACIT (2012 (4) TMI 290 - ITAT VISAKHAPATNAM), does not lay down correct law - HC    Left Stop Right
LLP

Limited Liability Partnership Act, 2008

Show Chapter Wise
No. Title
Short title, extent and commencement
 
Definitions
 
Limited liability partnership to be body corporate
 
Non-applicability of the Indian Partnership Act, 1932
 
Partners
 
Minimum number of partners
 
Designated partners
 
Liabilities of designated partners
 
Changes in designated partners
 
Punishment for contravention of sections 7, 8 and 9
 
Incorporation document
 
Incorporation by registration
 
Registered office of limited liability partnership and change therein
 
Effect of registration
 
Name
 
Reservation of name
 
Change of name of limited liability partnership
 
Application for direction to change name in certain circumstances
 
Change of registered name
 
Penalty for improper use of words "limited liability partnership" or "LLP"
 
Publication of name and limited liability
 
Eligibility to be partners
 
Relationship of partners
 
Cessation of partnership interest
 
Registration of changes in partners
 
Partner as agent
 
Extent of liability of limited liability partnership
 
Extent of liability of partner
 
Holding out
 
Unlimited liability in case of fraud
 
Whistle blowing
 
Form of contribution
 
Obligation to contribute
 
Maintenance of books of account, other records and audit, etc.
 
Annual return
 
Inspection of documents kept by Registrar
 
Penalty for false statement
 
Power of Registrar to obtain information
 
Compounding of offences
 
Destruction of old records
 
Enforcement of duty to make returns, etc.
 
Partner's transferable interest
 
Investigation of the affairs of limited liability partnership
 
Application by partners for investigation
 
Firm, body corporate or association not to be appointed as inspector
 
Power of inspectors to carry out investigation into affairs of related entities, etc.
 
Production of documents and evidence
 
Seizure of documents by inspector
 
Inspector's report
 
Prosecution
 
Application for winding up of limited liability partnership
 
Proceedings for recovery of damages or property
 
Expenses of investigation
 
Inspector's report to be evidence
 
Conversion from firm into limited liability partnership
 
Conversion from private company into limited liability partnership
 
Conversion from unlisted public company into limited liability partnership
 
Registration and effect of conversion
 
Foreign limited liability partnerships
 
Compromise, or arrangement of limited liability partnerships
 
Power of Tribunal to enforce compromise or arrangement
 
Provisions for facilitating reconstruction or amalgamation of limited liability partnerships
 
Winding up and dissolution
 
Circumstances in which limited liability partnership may be wound up by Tribunal
 
Rules for winding up and dissolution
 
Business transactions of partner with limited liability partnership
 
Application of the provisions of the Companies Act
 
Electronic filing of documents
 
Payment of additional fee
 
Enhanced punishment
 
Application of other laws not barred
 
Jurisdiction of Tribunal and Appellate Tribunal
 
Penalty on non-compliance of any order passed by Tribunal
 
General penalties
 
Power of Registrar to strike defunct limited liability partnership off register
 
Offences to limited liability partnerships
 
Jurisdiction of Court
 
Power to alter Schedules
 
Power to make rules
 
Power to remove difficulties
 
Transitional provisions
 
PROVISIONS REGARDING MATTERS RELATING TO MUTUAL RIGHTS AND DUTIES OF PARTNERS AND LIMITED LIABILITY PARTNERSHIP AND ITS PARTNERS APPLICABLE IN THE ABSENCE OF ANY AGREEMENT ON SUCH MATTERS
 
CONVERSION FROM FIRM INTO LIMITED LIABILITY PARTNERSHIP
 
CONVERSION FROM PRIVATE COMPANY INTO LIMITED LIABILITY PARTNERSHIP
 
CONVERSION FROM UNLISTED PUBLIC COMPANY INTO LIMITED LIABILITY PARTNERSHIP
 
 
 
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