Pr. CIT vs. M Tech India P. Ltd (Delhi High Court) Where the payments are made for purchase of software as a product, the consideration paid cannot be considered to be for use or the right to use the software.
The Ministry of Corporate Affairs conferred its approval to Secretarial Standard-1 (relating to Board Meeting) and Secretarial Standard-2 (relating to General Meeting) issued by the Institute of Company Secretaries of India (ICSI). No other country of the world except India has yet adopted the Secretarial Standards (SS). The Board of Directors play an imperative role in the functioning, governing, progression of an organization.
Associate company in relation to another company, means a company in which that other company has a significant influence, but which is not a subsidiary company of the company having such influence and includes a joint venture company.
Audit Committee is one of the several committees that has been recommended by the Companies Act, 2013. This committee has a remarkable role to perform in today’s environment and not merely an ornamental one. If duly constituted, this committee has the ability to act as guard against the unintentional illegal transaction and thereby widen the prospect of the Company and enhance the value of the stakeholders.
Legally a ‘summons’ is a legal document issued by a Court or by an administrative agency of a Government for various purposes. Summons is of various types. One among them is ‘notice to appear’. In this summons is prepared and served on a person by a law enforcement officer, compelling the appearance of a person before him within a certain period of time or on certain date to give information or furnish documents etc.,
With the budget round the corner, the Department of Ministry of Finance is flooded with the representations conveying the expectations, suggestions, amendments and clarifications in the laws to be implemented in the forthcoming budget. Although, the list of expectations and amendments needed is never ending, but this article is penned to highlight the changes expected by the assessees in indirect taxation laws which if not considered, may create difficulties in doing business in an easy manner thereby refuting the motto of ‘ease of doing business’.
The primary and fundamental meaning of Excise Duty or Duty of Excise is tax on articles produced or manufactured in the taxing country and intended for home consumption (i.e. consumption within the same country). It is an indirect duty which the manufacture or producer passes on the ultimate consumer, that is, its ultimate incidence will always be on the consumer. What attracts the duty of excise is an activity, namely, the production or manufacture of goods.
To amend 4(1)(C) to allow companies to have an option to have a more generic object clause, i.e. ‘to enlarge in any lawful act or activity or business as per the law for the the time being in force’ in the MOA
ITAT Mumbai held In the case of ACIT vs. Reliance Industrial Infrastructure Ltd. that on perusal of the reasons recorded by AO for initiating the re-assessment proceedings, it is clear that the said details were available while completing the assessment u/s 143(3). Further, the AO has reopened the assessment after expiry of four years from the end of the relevant assessment year.
ITAT Mumbai held In the case of Shri Vimal Kumar Rathi vs. DCIT that it is settled legal position that in the absence of any incriminating material found during search, additions made on the assessed income are unsustainable in law.
