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Archive: September, 2015

Posts in September, 2015

Small Shareholders’ Director under Companies Act, 2013

September 22, 2015 37504 Views 0 comment Print

Explanation of section 151(1) defines ‘small shareholder’ as a shareholder holding shares of nominal value of not more than twenty thousand. Here person elected by small shareholder as ‘director’ may or may not be a shareholder of a company but a person electing such ‘director’ shall be the ‘small shareholders’.

Surveillance on Internal Financial Controls under Companies Act 2013

September 22, 2015 3825 Views 0 comment Print

Companies Act, 2013 on financial reporting is being aligned to international practices and the introduction of Internal Financial Controls (IFC) in the Act is reflective of this trend. The Act has imposed specific responsibilities on the Board of Directors/ Audit Committee as well as on Independent Directors towards the company’s internal financial controls.

Provisions related to Issue of Invoice under Service Tax

September 22, 2015 85607 Views 17 comments Print

As per Rule 4A(1) of Service Tax Rules, 1994 every person providing a taxable service is required to issue an invoice or bill signed by such person or a person authorized by him in respect of taxable service provided or to be provided by him and such invoice or bill, as the case may be. […]

Guard the Garden of Your Mind

September 22, 2015 1832 Views 0 comment Print

The more free the mind, the more we can cultivate good thoughts into being. But our minds are full of clutter. We worry more about what others are doing, whether it concerns us or not. We judge people. We conclude how a person is based on whatever we come to know about them.

GST On Real Estate in India– A Broad Application Perspective

September 22, 2015 5588 Views 0 comment Print

With the strong intent of the government in bringing the nation’s most awaited tax reform to reality we can now believe that implementation of GST in very soon going to become reality. With Recent speech of FM in Singapore indicating that GST being a transactional tax even if deferred from 1st April, 2016 can be […]

Arrest of IT Service Company Director in Service tax evasion case

September 22, 2015 1550 Views 0 comment Print

Officers of the Directorate General of Central Excise Intelligence (DGCEI), Chennai Zonal Unit, Chennai arrested the Director of a Limited Company based at Chennai providing Information Technology Software Service and Internet Communication Service, for collecting Service Tax of Rs.2.94 crores from 2010-2011 to 2014-2015 and not remitting the same to the Government Exchequer.

Disallowance U/s. 40(a)(ia) justified for deduction of TDS under wrong section :HC

September 22, 2015 9921 Views 0 comment Print

The Hon’ble Kerala HC in in the case of CIT vs. M/s P V S Memorial Hospital Ltd. held that deduction of TDS under a wrong section amounts to non-compliance with the provisions of Chapter XVII-B which results in applicability of section 40(a)(ia) where the payments get disallowed and action u/s 201(1).

Mere Tax deduction under any Head cannot be determinative of true character of payee’s income- HC

September 22, 2015 1101 Views 0 comment Print

In case of Kottinatu Transporters vs. CIT, The Hon’ble Kerala HC by disposing off write petition held that the tax deduction under a heading by payer, it cannot be determinative of character of income of payee.

Second Proviso to Sec 40(a)(ia) being not curative by nature does not have retrospective effect: HC

September 22, 2015 1225 Views 0 comment Print

The Hon’ble Kerala HC in the case of Thomas George Muthoot vs. CIT held that the second proviso to sec 40(a)(ia) is not curative by nature , the same is an additional remedy to provide non-disallowance in certain tax deduction default cases.

GVAT: C Form cannot be disallowed only on the basis of data available on tinxsys web site

September 22, 2015 11978 Views 0 comment Print

In a recent decision dated 22.09.2015, rendered in the case of Jyoti CNC Automation Ltd. v/s the State of Gujarat, the Gujarat Value Added Tax Tribunal has held that C Form cannot be disallowed merely on the basis of data available on tinxsys [tax information exchange system] website without investigating the authenticity of the form.

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