PDUNASS inaugurates Joint EPFO-ITC-ILO Training Programme (See 'Corp Brief') IBC - It is impermissible for NCLT to examine merits of dispute while considering application for CIRP u/s 9 by operational creditor: SC (See 'Legal Desk') Companies Act - It cannot be expected that registering authority would, in every case, independently identify whether every newly registered company name is identical with or similar to existing company name: HC (See 'Legal Desk') Patents - Claims must be construed as a whole without dissection - product claims are exempt - Section 3(m) objections remain independent of novelty, inventive step & Section 3(k) computer-related evaluations: HC (See 'Legal Desk') IBC - Subsequent efforts to sell mortgaged property does not amount to waiver of financial creditors rights: NCLAT (See 'Legal Desk') Prevention and Healthy Lifestyles must Go Hand in Hand with Disease Treatment : Jadhav (See 'Corp Brief') Ministry of Textiles to organise IIHT SUTRA 2026 (See 'Corp Brief') A&C - Award is patently illegal and liable to be set aside if it ignores vital evidence, applies circular logic, or blocks party from presenting its case: HC (See 'Legal Desk') In a first, 'Vande Mataram' to be sung from ramparts of historic Red Fort (See 'Corp Brief') National Handloom Designers' Conclave showcases Design-Led Innovation (See 'Corp Brief') PBPT - Routing of funds through company to appellant squarely attracts Section 2(9)(A) of the Act as property stood in name of benamidar while consideration emanated from beneficial owner: SAFEMA Tribunal (See 'Legal Desk') PM-YASASVI Scheme implementation in Maharashtra reviewed Regularly: Govt (See 'Corp Brief') MoS calls for greater Private Sector Participation in Biotechnology Ecosystem (See 'Corp Brief') IBC - Right of Personal Guarantor to invoke insolvency provisions of Sec 94 of IBC is statutory right that cannot be extinguished merely because Financial Creditor has initiated recovery proceedings under SARFAESI: NCLT (See 'Legal Desk') Empowering Nari Shakti: 1 crore houses allotted to women (See 'Corp Brief') MoS dedicates to nation first-of-its-kind 'Eco-Educational Hub' (See 'Corp Brief') NI Act - Moratorium protects corporate debtor in respect of insolvency proceedings, but does not grant immunity to natural persons from criminal liability already incurred on account of cheque dishonour: HC (See 'Legal Desk') XI BRICS Culture Ministers' meeting concludes in Bhopal (See 'Corp Brief') A&C - If prima facie arbitration agreement exists and non-signatories have shown conduct aligning with contract, referral court should allow arbitrator to finalize list of parties based on detailed evidence: HC (See 'Legal Desk') Railways approves introduction of Daily Itarsi-Madan Mahal Passenger Service (See 'Corp Brief') A&C - Arbitral award is patently illegal if it is rendered in summary manner without allowing parties to lead evidence or be heard on critical pleadings: HC (See 'Legal Desk') 13th BRICS Education Ministers' meeting concludes with Declaration (See 'Corp Brief') IEPFA organises Stakeholder Engagement with Nodal Officers of Companies on Portal 2.0 (See 'Corp Brief') SARFAESI - Any tenancy created after issuance of notice u/s 13(2) without prior written consent of secured creditor, is void ab initio: HC National Handloom Day celebrates Tribal Weaves of India (See 'Corp Brief') Tete-a-tete around AI in banking sector often begins with algorithms (See CORP EINSICHT)

MCA inks MOU with CBIC & MF for data exchange

Published: Mar 01, 2021

By TIOLCORPLAWS News Service

MUMBAI, MARCH 01, 2021: A formal Memorandum of Understanding (MOU) was signed on February 25, 2021 between the Ministry of Corporate Affairs (MCA) and Central Board of Indirect Taxes and Customs (CBIC), Ministry Of Finance (MF) for data exchange between the two organizations. The MoU was signed by Shri Manoj Pandey, Joint Secretary MCA and Shri B. B. Gupta, ADG, CBIC in the presence of Secretary, MCA and Chairman, CBIC. The MoU is in line with the vision of MCA and CBIC to harness data capabilities to ensure effective enforcement. Both the organizations are going to benefit from access to each other's databases which include details of import-export transactions and consolidated financial statements of companies registered in the country. The data sharing arrangement gains significance in light of development of MCA21 Version 3 which will utilize state of the art technology for enhancing ease of doing business in India and improve the regulatory enforcement and similar steps by CBIC like the launch of ADVAIT (Advanced Analytics in Indirect Taxation) a 360-degree taxpayer profiling tool. AI/ML, data analytics will play a critical role in achieving this synergy.

The MoU will facilitate the sharing of data and information between MCA and CBIC on an automatic and regular basis. It will enable sharing of specific information such as details of Bill of Entry (Imports), Shipping Bill (Exports) Summary from CBIC and financial statements filed with the Registrar by corporates, returns of allotment of shares. The MoU will ensure that both MCA and CBIC have seamless linkage for regulatory purposes. In addition to regular exchange of data, MCA and CBIC will also exchange with each other, on request, any information available in their respective databases, for the purpose of carrying out scrutiny, inspection, investigation and prosecution. Technology and data will play a critical role going forward in fulfilling the Government's vision of minimum government, maximum governance and both MCA and CBIC are well placed to fulfill this vision. The MoU comes into force from the date it was signed and is an ongoing initiative of MCA and CBIC, who are already collaborating through various existing mechanisms. A Data Exchange Steering Group also has been constituted for the initiative, which will meet periodically to review the data exchange status and take steps to further improve the effectiveness of the data sharing mechanism. The MoU marks the beginning of a new era of cooperation and synergy between the two organizations.

TIOL CORP SEARCH

TIOL GROUP WEBSITES