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Archive: July, 2018

Posts in July, 2018

SC on Rebuttal by Accused against Presumption in Cheque Bounce Cases

July 16, 2018 8592 Views 0 comment Print

Kishan Rao Vs Shankargouda (Supreme Court Of India) In the present case, the trial court as well as the Appellate Court having found that cheque contained the signatures of the accused and it was given to the appellant to present in the Bank of the presumption under Section 139 was rightly raised which was not […]

Tips for Filing Income Tax Returns

July 16, 2018 16957 Views 9 comments Print

Income-tax return is a legal document and it should be filed by the assessee with due care and caution. There should be no corrections or overwriting and it should be properly signed and verified by the person authorized to do so under the provisions of the Income-tax Act. The following important points may be taken care of while filling up the return forms:

Removal of Directors Disqualification without Revival of Company

July 16, 2018 3606 Views 2 comments Print

The drastic step of Mass Disqualification of Directors and deactivation of DINs by ROC has left the whole Industry flabbergasted and startled. This is not a road block but a beginning in the line with Compliance module. Directors are being provided with various opportunities to get their Disqualification Removed and DIN Restored even if they are not willing to revive the Company or the Company is not in operation due to any reason.

HC on uploading Form GST TRAN-1 to take credit of Transitional ITC

July 16, 2018 900 Views 0 comment Print

Schwing Stetter India Ptd. Ltd. Vs Commissioner of GST & Central Excise (Madras High Court) The sum and substance of the prayer of the petitioners is that they are unable to upload Form GST TRAN-1 to take credit of the Input Tax /Service Tax/Central Excise Duty availed by them at the time of migration within […]

Declaration By Beneficial & Significant Beneficial Owners Section 89 & 90 of Companies Act 2013

July 16, 2018 64401 Views 1 comment Print

This write up is prepared in regards to the newly introduced/ substituted provisions under the Companies Act, 2013 (herein referred thereafter ‘the Act’) i.e. Section-90 (Register of significant Beneficial Owners in a Company) herein enforced[1] and the Companies (Beneficial Interest and Significant Beneficial Interest) Rules, 2018 (‘Final Rules’) issued by MCA in relation to Significant Beneficial Ownership (SBO) by MCA vide its Notification dated June 13, 2018[2].

Cyrus Mistry-Tatas feud: Rights of Minority shareholders compromised??

July 16, 2018 2388 Views 1 comment Print

NCLT, Mumbai Bench dismissed the petition filed by Cyrus Mistry who incidentally owns about 18.3% (including preference capital) of Tata Sons Limited. NCLT ruled that Tata Sons Limited has all the rights to remove its Executive Chairman and NCLT found no merit in Mistry’s  allegations of operational mismanagement and oppression of minority shareholders. The Mistry-Tatas […]

Key Proposed Amendments by GST Council

July 16, 2018 17238 Views 1 comment Print

Recently on 10th July 2018 GST Council has released proposed amendments to GST law, seeking comments from stakeholders by 15 July 2018. The Proposal comprises 38 amendments to the CGST Act, 6 amendments to IGST Act and 2 amendments to GST (Compensation to States) Act.

GST on Supply of Used Vehicle

July 16, 2018 11118 Views 1 comment Print

Normally GST is charged on the transaction value of the goods. However, in respect of second hand goods/car , a person dealing is such goods may be allowed to pay tax on the margin.

Applicability of GST on out and out sale – i.e. purchase from X country and direct sale to Y country

July 16, 2018 27696 Views 14 comments Print

After one year of GST implementation in India, one can observe that law of GST is based on law of central excise and service tax whereas GST compliance is based on law of sales tax. In spite of this, there are some transactions where related legal provisions are not clear and therefore, call for interpretations. One of the transactions is out and out sale.

All about e-Form DIR 3- KYC

July 16, 2018 48150 Views 3 comments Print

Introduction To E-Form DIR 3- KYC- MCA vide Notification dated 5thJuly, 2018 has amended Companies (Appointment and Qualification of Directors) Rules, 2014 by inserting Rule 12A and made Directors KYC mandatory which is effective from 10th July 2018.

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