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Archive: October, 2014

Posts in October, 2014

SCN issued with pre­determined conclusions & closed mind is not valid

October 14, 2014 5430 Views 0 comment Print

Bharat Marine Co. (Petitioner) challenged the Show Cause Notice (SCN) issued by the Department on the ground that the contents of the SCN discloses a pre-conceived and closed mind. It was further contended that the findings of Revenue were categorical in nature

Trust/trustee as a partner in LLP – Clarification

October 14, 2014 10709 Views 0 comment Print

Clarifications have been sought on whether a trust or a trustee representing a trust in the case of “Real Estate Investment Trust” (REIT) or “Infrastructure Investment Trust” (InvITs) or such other trusts set up under the regulations prescribed under the Securities & Exchange Board of India Act, 1992, can become a partner in an LLP.

Service tax on services in relation to inward remittances from abroad

October 14, 2014 28367 Views 17 comments Print

Vide circular No. 163/14/2012–ST, dated 10th July, 2012, on the issue of levy of service tax on the activities involved in the inward remittance it was clarified that there is no service tax per se on the foreign exchange remitted to India from outside for the reason that money does not constitute a service and that conversion charges or fee levied for sending such money would also not be liable to service tax

Reverse Charge Mechanism For Individual/Proprietorship firm

October 14, 2014 58569 Views 10 comments Print

1. Freight paid/payable to Goods Transport Agency (GTA) 1.1    Does individual/proprietorship firm is liable to pay service an When tax under reverse charge? An Individual or a proprietorship firm is liable to take service tax registration and pay service tax under reverse charge only if:- i. It is registered as a dealer of excisable goods […]

Clarification on matters relating to Consolidated Financial Statement

October 14, 2014 6640 Views 0 comment Print

Government has received representations from stakeholders seeking clarifications on the manner of presentation of notes in Consolidated Financial Statement (CFS) to be prepared under Schedule III to the Companies Act, 2013(Act). These representations have been examined in consultation with the Institute of Chartered Accountants of India.

Right of persons other than retiring directors to stand for directorship & Refund of deposit

October 14, 2014 1973 Views 0 comment Print

Clarity has been sought by companies registered under section 8 of the Companies Act, 2013 (corresponding to section 25 of Companies Act, 1956) about the manner in which the amount of deposit of rupees one lakh received by them under sub-section (1) of section 160 of the Companies Act, 2013 (Act) is to be handled if the depositor fails to secure more than twenty five per cent of the total valid votes. It has been noted that the relevant provision is silent on such issue.

Auditor report on internal financial controls system deferred to FY commencing from 01.04.2015

October 14, 2014 6822 Views 0 comment Print

In the Companies (Audit and Auditors) Rules, 2014, after rule 10, the following shall be inserted, namely:- 10A. For the purposes of clause (i) of sub-section (3) of section 143, for the financial years commencing on or after 1st April, 2015, the report of the auditor shall state about existence of adequate internal financial controls system and its operating effectiveness:

Making Investments This Festive Season

October 14, 2014 3946 Views 0 comment Print

Gold and silver prices are these days passing through a stable phase with bearish trend. The prices are ruling at their lowest in 2014 and are also not expected to rise upwards in short term due to sluggish demand and other global factors.

SEBI : Single registration for Stock Brokers & Clearing Members

October 13, 2014 1078 Views 0 comment Print

Please find enclosed the Notification No. LAD-NRO/GN/2014-15/15/1671 dated October 08, 2014 amending the SEBI (Stock Brokers and Sub-Brokers) Regulations, 1992 (hereinafter referred to as Broker Regulations).

Taxability of Amount received by company on issue of equity shares to its non-resident holding company

October 13, 2014 3885 Views 0 comment Print

Neither the capital receipts received by the Petitioner on issue of equity shares to its holding company, a non-resident entity, nor the alleged short-fall between the so called fair market price of its equity shares and the issue price of the equity shares can be considered as income within the meaning of the expression as defined under the Act.

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