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Archive: 27 February 2016

Posts in 27 February 2016

Arbitration and tax disputes: Hand in hand?

February 27, 2016 6964 Views 0 comment Print

While the Indian Government is going all out to create a positive India outline, however, it is a reality that the World Bank’s Ease of Doing Business 2015 report puts India as low as 186 on the criteria of contract enforcement. India strongly believes in the rule of law but an important aspect in doing business is factored out of the ease of settling disputes which is relevant to strategize future action plan for any business.

While granting sanction u/s 151, application of mind is sacrosanct

February 27, 2016 2254 Views 0 comment Print

While granting sanction u/s 151 of the I.T Act,1961 for granting sanction for approval of re-assessment proceedings it is necessary for the authorithy to apply his/her mind. Mere affiction of signature along with date cannot be considered as proper approval.

Expectations from Union Budget 2016

February 27, 2016 2626 Views 0 comment Print

Advocate Anandaday Misshra The Budget 2016, even if it is not going to be a populist one, it should emerge at least as a transforming budget to pave the way of GST much closer than the last year. AMLEGALS has the following expectations from the budget 2016: 1. Relaxations In Tax Liability for Startups If we […]

GST Regime: Basics of State GST (SGST)

February 27, 2016 5686 Views 0 comment Print

In State GST, the States alone can levy GST and the Centre withdraws from the field of GST or VAT completely. It can be a desirable option given the mismatch in resources and responsibilities of the States. In this case, the State GST will work as the redistributing mechanism.

5 Expectations from Budget 2016 to mollify Foreign Investors

February 27, 2016 7089 Views 1 comment Print

We have discussed five issues faced by the foreign investors and the expectations from the Union Budget 2016-17. 4. TDS from payments to Non-residents having Indian branch/fixed place PE 5. Tax Residency Certificate

Budget 2016: Make CENVAT Credit scheme better & effective

February 27, 2016 6558 Views 0 comment Print

No law is perfect and no regime is ever complete which result in multitude of disputes and litigations. In order to make CENVAT Credit scheme better and effective, following are certain suggestions which the Revenue authorities should introspect.

Do not raise exemption thresholds to widen tax base: Survey

February 27, 2016 1861 Views 0 comment Print

As a steps towards building fiscal capacity, the Survey suggests that the easiest way to widen the tax base would be not to raise exemption thresholds.

Auditors of Banking Companies – time to endure Ind AS

February 27, 2016 2881 Views 1 comment Print

The Ministry of Corporate Affairs (MCA), Government of India has notified the Companies (Indian Accounting Standards) Rules, 2015 on February 16, 2015. A reference is also invited to the Press Release dated January 18, 2016 issued by the MCA outlining the roadmap for implementation of International Financial Reporting Standards (IFRS) converged Indian Accounting Standards for banks, non-banking financial companies, select All India Term Lending and Refinancing Institutions and insurance entities.

Directors’ responsibility for “All” applicable laws to Company

February 27, 2016 5665 Views 0 comment Print

The word all used in Section 134(5) supra has left the directors of the companies with a question as to whether their responsibility is made open ended under the Companies Act, 2013, since prima facie the word all seems to provide an inclusive sense rather than an exhaustive sense. In the present article, an attempt has been made to understand the directors’ responsibility(s) in respect of the requirement under section 134(5) of the Act.

5 Wishes of Common Man from Budget 2016

February 27, 2016 3688 Views 1 comment Print

1. Re-introduction of Standard deduction to Salaried and pensioners 2. Enhancement of Tax rebate under section 80D 3. Enhancement of Basic Tax free Exemption limit 4. Amendment required in Section 40A(3)/40A(3A) 5. Amendment of Section 234E

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