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Archive: September, 2014

Posts in September, 2014

Input service credit is available to service receiver even when service provider had deposited the Service tax belatedly

September 9, 2014 3882 Views 0 comment Print

For the purpose of availing Cenvat credit, there is no requirement that the Service tax should have been deposited by the service provider before the availment of the credit. In terms of Rule 4(7) of the Credit Rules, the Cenvat credit in respect of input service shall be allowed, on or after the day on which payment is made of the value of input service and the Service tax paid or payable as is indicated in the invoice.

Reimbursement expenses not includible in assessable value of services when bills are in the name of service recipient

September 9, 2014 2493 Views 0 comment Print

The Hon’ble CESTAT, Delhi held that in terms of agreement, principals were required to maintain godown and hence, principals were liable to pay godown rent and the Appellant acted only as their agent. Similarly, bills of labour contractors for arranging loading and unloading and bills of transporters were in name of principals and not in name of assessee. Hence, payment against these bills was made by the Appellant acting as pure agent on behalf of principal. Therefore, these expenses would not be includible in assessable value.

Resolutions required to be Filed Under Companies Act,2013 in form MGT 14

September 9, 2014 96100 Views 0 comment Print

CA Nitesh More Section-117  of the Companies Act, 2013, a copy of every resolution or any agreement, in respect of matters specified in sub-section (3) together with the explanatory statement under section 102 , if any, annexed to the notice calling the meeting in which the resolution is proposed, shall be filed with the Registrar […]

Recognition of Deferred Tax Assets for Unrealised Losses Proposed amendments to IAS 12

September 9, 2014 1072 Views 0 comment Print

Recognition of Deferred Tax Assets for Unrealised Losses Proposed amendments to IAS 12 (Last date for sending comments: October 9, 2014) – (09-09-2014) This Exposure Draft, published by the International Accounting Standards Board (IASB), contains proposed amendments to IAS 12, Income Taxes. The proposed amendments are in response to a request to the IFRS Interpretations […]

True and Fair view, Is it mandatory under Companies Act, 2013?

September 8, 2014 18615 Views 0 comment Print

Companies Act 2013 is being looked upon as a harsh, draconian legislation which offers a crown of thorns in the form of penalties and a spell in hell in the form of imprisonment for both the officers and auditors of companies alike. Here what is being attempted is to project an ambiguity relating to the Auditors opinion & True and Fair view .

In-house or Outsource: HR Process Management

September 8, 2014 2955 Views 0 comment Print

HR process management is one of the finest and sensitive components of any organization. Indeed an organization cannot function in the right way if there is any disturbance in at least one of the processes involved in HR process. Now, first of all let’s understand about the various functions involved in a HR process.

Ganpati Bappa, Take Away Old Complicated Laws & Come With New Simple Laws Next Year

September 8, 2014 5039 Views 0 comment Print

Ganesha is worshipped everywhere with joy for ten days but Ganesha should be prayed whole year, as it leads to worship of Knowledge. Taxpayer should constantly gain and update his knowledge. Let’s expect following changes may come in next financial year 1) Income Tax Act 1961 should be replaced with the Direct Tax Code and taxpayer should be released from the burden of tax compliance to large extend. 2) VAT, Service Tax, Excise, etc indirect tax should be substituted with Goods and Service Tax, so that taxpayer is not required to follow various tax laws.

Delhi VAT -Reversal of Input Tax Credit in respect of Credit Note/Debit Note related to discounts

September 8, 2014 5512 Views 0 comment Print

Under Section 10(1) of the DVAT Act, 2004, where any purchaser has been issued with a credit note or debit note in terms of section 51 of this Act or if he returns or rejects goods purchased, as a consequence of which the tax credit claimed by him in any tax period in respect of which the purchase of goods relates

How to Register under Shop and Establishment Act in Punjab

September 7, 2014 58053 Views 15 comments Print

REGISTRATION PROCESS UNDER PUNJAB SHOP AND ESTABLISHMENT ACT, 1958 – 1. Within the period specified, in sub-section (3), the employer of every establishment shall send to the prescribed authority concerned a statement in the prescribed Forms i.e. Form A, Form B, and Form F (as per their requirements) along with the required documents.

Procedure for Transfer of Shares under Companies Act, 2013

September 7, 2014 600347 Views 57 comments Print

CS Ankur Garg Through this write up we shall discuss another topic which is quite frequent for secretarial department of a Company. Statutory provisions related to transfer of share one should refer the following sources: 1. Section 56 of Companies Act, 2013 2. Rule 11 of Companies (Share Capital & Debentures) Rules 2014 3. Provisions […]

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