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Archive: April, 2017

Posts in April, 2017

Company Law Case Studies for CA/CS/CMA Examination

April 28, 2017 23250 Views 3 comments Print

Q1 ABC ltd intend to issue of 10,000 bonus shares to preference shareholder as on 1 July 2016 as per the requirement of SEBI guidelines, BOD announced the issue of bonus shares as on 1 July 2016, IN MEANWHILE, ROC issued a notice to the company it is not tenable in law & against the […]

NOF for ARCs shall be minimum Rupees One Hundred Crore

April 28, 2017 723 Views 0 comment Print

Reserve Bank of India hereby specifies that the Net Owned Fund (NOF) for Asset Reconstruction Companies (ARCs) shall be minimum Rupees One Hundred Crore on an ongoing basis with effect from the date of this Notification.

Brand usage – not an international transaction

April 27, 2017 1500 Views 0 comment Print

Whether the usage of foreign Associated Enterprise (AE) brand name on the cars manufactured and sold by the tax payer amounted to rendering of brand promotion service, and whether it constituted an international transaction under section 92B of the Income-tax Act, 1961(Act).

Demand and Recovery Under CGST

April 27, 2017 11328 Views 0 comment Print

Demand and Recovery procedures are basically for department to provide them a framework or methodology in order to raise a demand in the cases where any tax, interest or penalty are not paid and subsequent recovery in case of non-payment by the assessee.

ITAT on TP adjustment on account of Compensation for deemed brand development

April 27, 2017 1569 Views 0 comment Print

The first question that we need to decide is whether the benefit accruing to the HMC Korea, as a result of increased brand value due to sale of Hyundai cars in India by the assessee company, constitutes an international transaction.

Analysis of appointment of Key Managerial Personnel

April 27, 2017 13803 Views 4 comments Print

Characteristically, companies have various levels or hierarchies of employees with base levels starting from workers followed by supervisors, executives, managers, senior managers, general managers, to the top management usually consisting of functional directors and ultimately the managing director.

Addition based on mere scribbling on Loose Papers cannot be sustained

April 27, 2017 3465 Views 0 comment Print

This court is of the opinion that the material found was sketchy and insufficient to warrant a fresh valuation. In any case, the AO‟s order did not even go by the valuation report, but on an entirely different footing- not based on any principle at all.

Interstate or Intrastate Supplies under Reverse Charge Provisions in GST

April 27, 2017 46905 Views 7 comments Print

GST is a consumption / destination based tax wherein tax revenue should go to the state where goods/services have been consumed. In technical term such state is determined based on provisions of place of supply (POS) elaborated in Section 10, 11, 12 & 13 of the IGST Law.

Anti Profiteering Measures in GST – A New Experiment

April 27, 2017 3207 Views 0 comment Print

The GST law contains a unique provision on anti-profiteering measure as a deterrent for trade and industry to enjoy unjust enrichment in terms of profit arising out of implementation of Goods and Services Tax in India, i.e., anti-profiteering measure would obligate the businesses to pass on the cost benefit arising out of GST implementation to their customers.

Don’t rely merely on Head Notes / Placitum of Law Journals: HC

April 27, 2017 4431 Views 0 comment Print

During the assessment of judgments of Judicial Officers, it is noticed that many Judicial Officers have reproduced the Head Note/Placitum from the relevant Journals relating to High Court/ Supreme Court judgments. Needless to mention that the Head Note is a creation of the Edition Board.

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