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    New Settlement Rules of SEBI
    Ministry of Corporate Affairs Year Ender-2018
    Third Roadshow On Competition Law organized by Competition Commission of India on 18TH December in Ahmedabad
    Submission of Report of the Expert Committee for listing of equity shares of companies incorporated in India on foreign stock exchanges and vice versa
    Transfer of securities only in demat form- Deadline extended till April 1, 2019
    CCI invites comments from public in respect of the proposed acquisition of the electrical and automation business of Larsen & Toubro Limited by Schnei...
    Invitation for public comments on the Competition Act, 2002
    Amendments to the Companies Act, 2013 - Inviting Comments
    Jaitley: Fair and Transparent Public Procurement will protect the revenues of the State and make sure that they are used for optimal purpose
    CCI to hold national conference on public procurement & competition law today in Delhi
    PM launches historic Support and Outreach Initiative for MSME Sector
    Companies (Amendment) Ordinance, 2018 - President gives assent to promulgation of the Companies Amendment (Ordinance), 2018
    The Prime Minister, Shri Narendra Modi to launch the MSME Support and Outreach Programme; MSME Outreach Programme to run for 100 days covering 100 Dis...
    Committee of Experts submits its report on Regulating audit firms and the Networks
    Competition Commission of India brings-out Policy Note on ‘Making Markets Work for Affordable Healthcare’
    Insolvency Law Committee submits its 2nd Report on Cross Border Insolvency
    Hon’ble Mr. Justice Sudhansu Jyoti Mukhopadhaya, Chairperson, National Company Law Appellate Tribunal delivers the IBBI Inaugural Annual Day Lecture...
    Government in public interest moved NCLT to supersede Management of IL&FS on grounds of mismanagement
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    December 22, 2018
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    Settlement proceedings reform streamlines settlements, mandates disclosures, refunds and investor exit options to expedite enforcement.
    The SEBI (Settlement Proceedings) Regulations, 2018 create an integrated alternative enforcement framework that aligns quasi judicial processes with alternate dispute resolution, replacing the 2014 regime. The Regulations provide that disclosure related violations may be settled after making required disclosures, require refunds to investors where mandated by securities law, and ensure investor exit or purchase options, thereby promoting greater transparency and expeditious resolution of enforcement proceedings.
    December 20, 2018
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    Corporate law amendments enhance ease of doing business, strengthen insolvency framework, financial reporting and e governance reforms.
    Major statutory and administrative reforms advanced to streamline corporate regulation and insolvency resolution. The Companies (Amendment) Act, 2017 is largely commenced with remaining rule dependent sections pending; penal provisions were reclassified to shift technical lapses to in house adjudication. Insolvency and Bankruptcy Code amendments clarified resolution applicant eligibility and voting thresholds to favour resolution, while NFRA was constituted to oversee audit quality. E governance measures including RUN, SPICe/FiLLiP, DIR 3 KYC and dematerialisation of securities were deployed to enhance transparency and registry integrity.
    December 19, 2018
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    Competition in public procurement promoted to deter cartels and encourage leniency, combining enforcement with advocacy to boost market competitiveness.
    The Roadshow focused on infusing competition into public procurement and addressing anti competitive conduct by trade associations and cartels, while promoting leniency mechanisms. Organised with the Indian Institute of Corporate Affairs, it combined advocacy and capacity building for policymakers, public sector entities, industry and advisers, emphasising the Commission's twin roles of enforcement and advocacy to foster competition friendly practices without impeding ease of doing business.
    December 4, 2018
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    Direct listing of Indian companies on foreign exchanges: public consultation invited on expert committee recommendations.
    SEBI's Expert Committee was tasked with assessing the economic case for direct cross border listings, examining legal, operational and regulatory constraints, and recommending a framework to facilitate direct listings of Indian companies abroad and foreign companies in India. The Committee submitted its report on December 4, 2018, and SEBI invited public comments in a prescribed format (name, recommendation referenced, comment, rationale) by email to designated officers, with the report published on SEBI's website.
    December 4, 2018
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    Transfer of securities in demat form requirement extended after shareholder representations to allow additional time for compliance.
    Requirement that transfers of securities be effected only in demat form, subject to exceptions for transmission and transposition, was deferred in response to shareholder representations and the compliance deadline for the demat-only transfer mandate has been extended to allow additional time for conversion and processing through depositories.
    November 22, 2018
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    Competition concern over proposed electrical and automation acquisition prompts public consultation and review under competition law.
    The Commission finds a prima facie appreciable adverse effect on competition from the proposed acquisition of L&T's electrical and automation business by Schneider and MacRitchie (excluding Marine and Servowatch) and has directed publication of combination details. It invites written comments, objections or suggestions from persons likely to be affected, provides submission channels, and states it will not consider unsubstantiated objections.
    November 20, 2018
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    Competition Law Review invites stakeholder comments to update Act and align with international best practices.
    A Competition Law Review Committee will assess the Competition Act, related rules and regulations to align them with international best practices, address anti trust, merger control and cross border competition issues, and examine overlapping regulatory regimes. Stakeholders are invited to submit written comments by email on the updated Act available online; all submissions received by the deadline will be analysed by the Committee to inform potential legislative or regulatory changes.
    November 6, 2018
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    Corporate governance reforms tighten disclosure, beneficial owner checks, dematerialisation and enforcement powers for stronger compliance.
    Proposed amendments strengthen corporate governance, disclosure and enforcement by requiring prior government approval for changes by certain registered companies; mandating dematerialisation for specified unlisted securities; imposing a duty on companies to identify and secure compliance from significant beneficial owners; refining NFRA's divisional structure; creating an Unspent CSR Account with timed spend obligations; tightening independent director independence assessments and resignation filings; expanding disgorgement and personal liability powers for fraud; empowering Tribunal fitness inquiries and providing for vesting and administration of dissolved company property by a Board of Administrators.
    November 5, 2018
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    Fair and transparent public procurement protects state revenues by promoting competition and preventing bid rigging, enhancing efficiency.
    Fair and transparent public procurement preserves State revenues and ensures optimal deployment by securing competitive prices and quality; infusing competition and redesigning tender and PPP models can yield substantial cost savings. Detection and deterrence of collusion are essential: the Competition Commission of India is developing diagnostic and digital cartel detection tools to identify bid rigging and help design tenders that promote fair competition. E procurement and government e marketplaces expand participation and reduce processing costs, supporting broader procurement reform across stakeholders.
    November 5, 2018
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    Competition in public procurement promoted to curb bid rigging and cartels and encourage leniency measures.
    Infusing competition in public procurement is presented as a priority; the Competition Commission of India organised a national conference in Delhi to scale up Competition Advocacy, engage policymakers and stakeholders across governments, public sector enterprises and industry, and to address detection and deterrence of anti competitive conduct in procurement, with particular focus on bid rigging, cartels and promotion of leniency as an enforcement tool.
    November 2, 2018
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    Access to credit for MSMEs expanded through a fast-track loan portal and mandatory market procurement reforms increasing institutional support.
    A coordinated policy package strengthens MSME support by enhancing credit access through a fast-track online loan portal and interest subventions, mandating large-company participation in an electronic receivables platform, expanding public procurement quotas with reservations for women entrepreneurs, requiring central public undertakings to use the government e-marketplace, establishing technology hubs and tool-room spokes, and simplifying compliance via single environmental consent, annualized statutory returns, randomized inspections and an ordinance for administrative correction of minor company law violations.
    November 2, 2018
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    Companies Amendment Ordinance broadens in house adjudication, lowers penalties for small companies, and tightens compliance filing.
    The Companies (Amendment) Ordinance, 2018 shifts sixteen corporate offences from special courts to an expanded in house adjudication regime (increasing covered sections from 18 to 34), mandates online publication of orders, requires concomitant orders to make good defaults when levying penalties, halves penalties for small and one person companies, introduces higher penalties for repeated defaults, reintroduces a declaration of commencement of business, empowers physical verification of registered offices and removal for non operation, raises Regional Director pecuniary jurisdiction to Rs. 25 lakh, and vests the Central Government with approval powers over financial year alteration and conversion of public to private companies.
    November 1, 2018
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    MSME outreach programme expands access to credit and markets through a concentrated district outreach campaign with ministerial visits.
    Launch of the MSME Support and Outreach Programme to strengthen MSMEs by improving access to credit, expanding market access, and providing hand holding and facilitation support. The Programme is a time bound outreach campaign covering one hundred districts over one hundred days, with central ministers visiting districts to brief entrepreneurs on government and financial institution facilities and encourage utilisation of these support measures.
    October 31, 2018
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    Regulation of audit firms: strengthen independent oversight and checks on networks to address conflicts and market concentration.
    The Committee reviewed structures and operations of large audit networks, found risks from conflict of interest, non-audit services, opacity and market concentration, and recommended regulatory checks and institutional reform by establishing and strengthening the National Financial Reporting Authority to shift from self-regulation to independent oversight and to address contemporary challenges posed by auditors, audit firms and networks.
    October 24, 2018
    Show AI Summary
    Information asymmetry in healthcare restricts consumer choice, prompting competition advocacy to promote transparency and pro competitive regulation.
    Information asymmetry and distributional practices constrain consumer choice and limit competition in pharmaceuticals and healthcare; the Commission recommends supply side interventions such as broader public procurement, regulated electronic drug trading, strict and consistent application of statutory quality controls to address branded generic premiums (including consideration of a one company one drug one brand one price policy), and harmonised regulatory processes to ensure uniform implementation and time bound approvals.
    October 22, 2018
    Show AI Summary
    Cross-border insolvency frameworks enable recognition of foreign proceedings and participation by foreign representatives in domestic insolvency.
    Adoption of a statutory cross-border insolvency framework by incorporating the UNCITRAL Model Law with specified carve-outs is recommended to preserve domestic primacy and public interest while enabling recognition of foreign proceedings, participation by foreign creditors and practitioners, and enhanced international cooperation; the regime emphasises direct access, recognition and remedies, cooperation between courts and practitioners, coordination of concurrent proceedings, and identification of the main proceeding via the centre of main interest (COMI).
    October 3, 2018
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    Freedom to exit: insolvency law promotes orderly, creditor-led resolution while urging CoC regulation and stronger IBBI powers
    The lecture characterised the Insolvency and Bankruptcy Code, 2016 as a market-led framework for orderly resolution of viable firms and efficient exit of unviable ones, promoting economic freedom through free entry, free competition and free exit; it highlighted creditor-led control via the Committee of Creditors, recommended enhanced training for insolvency professionals, and urged greater regulatory powers for the Insolvency and Bankruptcy Board of India and specific regulations to govern Committee of Creditors conduct.
    October 1, 2018
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    Board supersession authorises appointment of new directors to prepare a time bound resolution plan to protect public interest.
    Government petitioned the tribunal alleging affairs of the holding company and group were conducted prejudicial to public interest, leading to suspension of the existing board and prohibition on its members representing the company. The tribunal approved induction of six government recommended directors; the Government issued orders appointing them. The new Board is tasked with preparing a robust, time bound resolution plan and assuming governance responsibilities after completion of due procedures.
    October 1, 2018
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    Board supersession under Companies Act enables management change to prevent mismanagement and secure liquidity support.
    The government applied to the Tribunal under section 241 read with 242 of the Companies Act to supersede the existing Board and appoint a new Board, citing repeated defaults, severe liquidity gap, misrepresentation of financial position, excessive leveraging and resultant systemic risk. Board replacement is presented as the necessary first step to restore market confidence and permit orderly measures-time bound asset sales, receivable realisation, liability restructuring, fresh capital infusion and temporary liquidity support-alongside investigatory steps including an SFIO probe.
    October 1, 2018
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    Competition law review to update the Act, align merger and antitrust rules, and address cross-border competition issues.
    Constitution of a Competition Law Review Committee to reassess and propose amendments to the Competition Act, Rules and Regulations to reflect changing business conditions. The Committee will examine international antitrust and merger control practices, address cross border competition issues, and study overlaps with other regulatory regimes and institutional mechanisms, then submit a report within three months of its first meeting.

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      Corp. Laws, SEBI & IBC

      PM launches historic Support and Outreach Initiative for MSME Sector

      November 2, 2018

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       PM unveils 12 key initiatives

      ·        59 minute loan portal to enable easy access to credit for MSMEs

      ·        Mandatory 25 percent procurement from MSMEs by CPSEs

      ·        Ordinance for simplifying procedures for minor offences under Companies Act                                                                                                                                                                                                                                              

       The Prime Minister, Shri Narendra Modi, today launched a historic support and outreach programme for the Micro, Small and Medium Enterprises (MSME) sector. As part of this programme, the Prime Minister unveiled 12 key initiatives which will help the growth, expansion and facilitation of MSMEs across the country.

      The Prime Minister said that the 12 decisions that he is announcing today, will mark a new chapter for the MSME sector. Noting that MSMEs are one of the principal employment generators in India, the Prime Minister recalled the glorious Indian traditions of small scale industry, including Ludhiana’s hosiery, and Varanasi’s sarees.

      The Prime Minister said that the success of economic reforms launched by the Union Government, can be gauged from the rise in India's “Ease of Doing Business Rankings,” from 142 to 77 in four years.

      The Prime Minister said that there are five key aspects for facilitating the MSME sector. These include access to credit, access to market, technology upgradation, ease of doing business, and a sense of security for employees. He said that as a Diwali gift for the sector, the 12 announcements he is making, will address each of these five categories.

       

      Access to Credit

      As the first announcement, the Prime Minister announced the launch of the 59 minute loan portal to enable easy access to credit for MSMEs. He said that loans upto ₹ 1 crore can be granted in-principle approval through this portal, in just 59 minutes. He said a link to this portal will be made available through the GST portal. The Prime Minister asserted that in New India, no one should be compelled to visit a bank branch repeatedly.

      The Prime Minister mentioned the second announcement as a 2 percent interest subvention for all GST registered MSMEs, on fresh or incremental loans. For exporters who receive loans in the pre-shipment and post-shipment period, the Prime Minister announced an increase in interest rebate from 3 percent to 5 percent.

      The third announcement made by the Prime Minister was that all companies with a turnover more than ₹ 500 crore, must now compulsorily be brought on the Trade Receivables e-Discounting System (TReDS). He said that joining this portal will enable entrepreneurs to access credit from banks, based on their upcoming receivables. This will resolve their problems of cash cycle.

       

      Access to Markets

      The Prime Minister said that on access to markets for entrepreneurs, the Union Government has taken a number of steps already. In this context, he made his fourth announcement, that public sector companies have now been asked to compulsorily procure 25 percent, instead of 20 percent of their total purchases, from MSMEs.

      The Prime Minister said his fifth announcement is related to women entrepreneurs. He said that out of the 25 percent procurement mandated from MSMEs, 3 percent must now be reserved for women entrepreneurs.

      The Prime Minister said that more than 1.5 lakh suppliers have now registered with GeM, out of which 40,000 are MSMEs. He said transactions worth more than ₹ 14,000 crore have been made so far through GeM. He said the sixth announcement is that all public sector undertakings of the Union Government must now compulsorily be a part of GeM. He said they should also get all their vendors registered on GeM.

       

      Technology Upgradation

      Coming to technological upgradation, the Prime Minister said that tool rooms across the country are a vital part of product design. His seventh announcement was that 20 hubs will be formed across the country, and 100 spokes in the form of tool rooms will be established.

       

      Ease of Doing Business

      On Ease of Doing Business, the Prime Minister said his eighth announcement is related to pharma companies. He said clusters will be formed of pharma MSMEs. He said 70 percent cost of establishing these clusters will be borne by the Union Government.

      The Prime Minister said that the ninth announcement is on simplification of government procedures. He said the ninth announcement is that the return under 8 labour laws and 10 Union regulations must now be filed only once a year.

      The Prime Minister said that the tenth announcement is that now the establishments to be visited by an Inspector will be decided through a computerised random allotment.

      The Prime Minister noted that as part of establishing a unit, an entrepreneur needs two clearances namely, environmental clearance and consent to establish. He said that the eleventh announcement is that under air pollution and water pollution laws, now both these have been merged as a single consent. He further said that the return will be accepted through self-certification.

      As the twelfth announcement, the Prime Minister mentioned that an Ordinance has been brought, under which, for minor violations under the Companies Act, the entrepreneur will no longer have to approach the Courts, but can correct them through simple procedures.

      Social Security for MSME Sector Employees

      The Prime Minister also spoke of social security for the MSME sector employees. He said that a mission will be launched to ensure that they have Jan Dhan Accounts, provident fund and insurance.

      The Prime Minister said that these decisions would go a long way in strengthening the MSME sector in India. He said the implementation of this outreach programme will be intensively monitored over the next 100 days.

      The Union Minisyter of Finance and CorporateAffairs, Shri Arun Jaitley, Union Minister of State (I/C) for MSME, Shri Giriraj Singh, MOS(Finance) Shri Shiv Pratap Shukla, MOS(Finance & Shipping), Shri Pon. Radhakrishnan, Secretary, DFS, Shri Rajiv Kumar, Secretary, MSME, Shri Panda and senior officials of different Departments/Ministries, Banks and Financial Institutions were also present on the occasion.

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