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Archive: June, 2018

Posts in June, 2018

Tribunal Registrar cannot consider and decide on applications for condonation of delay

June 3, 2018 984 Views 0 comment Print

While hearing the appeal, we observed that the Registrar has heard this preliminary issue of condoning the delay and passed order on 8.3.3018 condoning the delay. The power of condoning the delay is with the Court/Tribunal under the Limitation Act as well as u/s. 253(5) r.w.s. 252(1) of the Income Tax Act.

Ground & technical handling services rendered to other airlines in India- Taxation

June 3, 2018 2208 Views 0 comment Print

DCIT Vs. M/s. KLM Royal Dutch Airlines (ITAT Delhi) The technical handling services rendered by the assessee to the other airlines in India held to be part of the business of the assessee from the operation of aircraft in international traffic. In DCIT vs. KLM Royal Dutch Airlines [ITA No: 3819 /Del/2015, (A.Y. 2009-10) & […]

Appointment of Directors under section 152 of Companies Act, 2013

June 3, 2018 133857 Views 7 comments Print

SECTION 152 OF THE COMPANIES ACT, 2013 – APPOINTMENT OF DIRECTOR An individual who is appointed or elected as the member of the board of Directors of a Company, who, along with the other directors, has the responsibility for determining and implementing the policies of the company. Director is an individual who directs, manages, oversees […]

Remedy to director who has resigned & company is not filing e-form DIR-12 with ROC

June 3, 2018 48285 Views 4 comments Print

The nitty-gritty involved while resignation from the post of Director of a Company, precautions to be taken while resigning have been discussed by the author is separate articles link of which have been provided above

Whether Resignation of Director is subject to Approval /Acceptance

June 3, 2018 46683 Views 3 comments Print

Under Companies Act, 1956 there was no provision governing the resignation tendered by a Director. Thus matters in dispute with respect to mandatory acceptance or approval of resignation were taken to Courts of law, wherein various pronouncements clarifying whether resignation by a Director is a unilateral or bilateral act have been made depending upon the […]

Precautions to be taken while resigning from Directorship of a company

June 3, 2018 72072 Views 6 comments Print

A director may resign from his office by giving a notice in writing to the company and the Board shall on receipt of such notice take note of the same and the company shall intimate the Registrar in such manner, within such time and in such form as may be prescribed and shall also place the fact of such resignation in the report of directors laid in the immediately following general meeting by the company.

ICAI issuing GST invoice only in members name in their Individual capacity

June 2, 2018 4785 Views 2 comments Print

While remitting my membership and COP fees online I tried to key in GST number of the Partnership firm in which I am whole time partner in practice. However I am getting invalid GSTN registration detail message. kindly clarify.

Excise duty refund and interest subsidy under Industrial Policy (2002-2005) is capital receipt

June 2, 2018 1281 Views 0 comment Print

ACIT Vs M/s Agro Life Science Corporation (ITAT Kolkata) In the present case the amount of excise duty refund and interest subsidy was treated by the AO as revenue receipt subject to tax. The reason given by AO is that the impugned amount was given to assessee after the commencement of commercial Production.  However, the […]

Scrap retained by the job worker – what are the gst implications

June 2, 2018 18450 Views 7 comments Print

If the value of scrap is treated as a consideration it will be taxed not only in the hands of the job worker but also in the hands of the registered supplier. This is because Sec. 7(1)(a) of the CGST Act, 2017 construes any supply of goods by way of barter in the course or furtherance of business as a transaction leviable to tax.

Applicability of GST Rules to Co Operative Housing Societies

June 2, 2018 17673 Views 8 comments Print

In so far as tax implications on housing societies are concerned, the position prevailing under Service Tax is sought to be continued under GST. The tax burden under GST will be lower as the society would be entitled to take ITC which was hitherto not allowed under service tax. Moreover, the exemptions given ensure that there would be no tax burden on smaller societies where the monthly contribution of the individual members does not exceed Rs.7,500/-.

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