amalgamation

SEBI issues new rules for trading in merger bound companies

Market regulator Sebi on Friday said that trading of shares of companies going for a merger, demerger or a change in capital structure would have to be done in a price range for the first 10 days of post-restructuring, in a move aimed at curbing vola
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Tax benefit could not be denied to business restructuring in compliance of Income Tax Provisions

In a decision that will help corporates restructure businesses, the Chennai bench of Income-tax Appellate Tribunal (ITAT) has held that tax benefit could not be denied to business restructuring, if the exercise fulfills all the conditions mentioned under the Income-Tax Act.
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Restructuring of businesses cannot be construed as an exercise for avoiding tax: AAR

In a ruling that will provide great relief to corporates planning to restructure their businesses, the Authority for Advance Ruling (AAR) held that restructuring of businesses cannot be construed as an exercise for avoiding tax in India. AAR, a quasi judicial body for settling tax disputes involving foreign entities, in an order last week on an application filed by the Star Group companies, held that any tax benefit resulting from the restructuring of businesses cannot b..
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Court orders approving amalgamation are covered within the ambit of the definition of ‘conveyance’ and are subject to stamp duty

The Court held that the role of court in proceedings under section 394 of the Companies Act is merely supervisory in nature and the order passed is based on the consent and voluntary act of the parties involved. Accordingly, even in the absence of specific entry for such orders in the stamp duty schedule, the court orders are covered within the ambit of the definition of 'conveyance', which has a wide meaning and is not confined to specific instruments mentioned in the s..
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Company Law Board – National Company Law Tribunal – An Analysis

We all know about the dispute resolution mechanism under the provisions of Companies Act, 1956. Till 2002 amendments to the Companies Act, 1956, significantly, the dispute resolution mechanism was vested with the Company Court and the Company Law Board. Company Court is nothing but High Court having jurisdiction to entertain certain company matters like winding-up and amalgamation petitions etc.
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Mergers of banks will not be forced by Government

Mergers on individual banks will not be forced, and no time frame has been set for the consolidation process in the banking system, financial services secretary R Gopalan said today. Merger of state-run banks should be done with a view to bring in good synergies, on mutual interests of the concerned entities, and government will not compel the consolidation process on individual banks, he said said at a Bancon conference here.
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Validity of agreement for assignment of liabilities and assets by an assessee

However, in view of the fact that the agreement has been accepted as genuine in the hands of one of the parties and economic consequences have also occurred because the assignee has made the payment to the Government, the transaction is necessarily be treated as genuine one, and for this reason, we do not wish to deliberate much on the various contentions raised by the assessee in this regard. Accordingly, we accept ground No. 5 & 7 of the assessee and ground No. 6, bein..
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GST got certain structural defects which need to be corrected before second Paper comes out

The Discussion Paper has envisaged a model of dual GST which has got certain structural defects that need to be pointed out for correction before the second Paper comes out. The proposed GST is an under achievement compared to the professed idea of a conceptually correct GST. It is an imperfect GST which has four rates with probably numerous exemptions, four thresholds, several taxes outside GST, a highly complicated system for inter-State credit of input tax and finally..
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