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Archive: January, 2019

Posts in January, 2019

Demystifying Capital Gain Tax on Conversion of a Company into Limited Liability Partnership (LLP)’

January 15, 2019 6420 Views 3 comments Print

The Income-tax Act, 1961 provides for specific exemption from capital gains on conversion of a company into Limited Liability Partnership. Limited Liability Partnership (LLP) is a hybrid entity combining advantages of both company and partnership firm.

Withdraw Low Tax Effect Appeals as per Circular No. 3/2018: CBDT

January 15, 2019 4827 Views 0 comment Print

Vide Board’s D.O. dated 16.07.2018 and various letters subsequently, the status of withdrawal of appeals from ITAT and HC in pursuance to the Circular was ascertained from each CCA region.

Director remuneration cannot be disallowed merely for loss Shown by Assessee

January 15, 2019 4113 Views 0 comment Print

The Bombay Samachar Pvt. Ltd. Case: Where Disallowance Of Remuneration To Directors Is Because Of Loss Shown By The Assessee The Remuneration Cannot Be Disallowed

जीएसटी एक्सपर्ट सुधीर हालाखंडी के साथ एक इंटरव्यू- जीएसटी का 18 माह का सफ़र

January 15, 2019 10356 Views 3 comments Print

भारत में लगने वाले जीएसटी के बारे में सोचे तो कभी –कभी एक नाम आता है जहन में और वो नाम है जीएसटी एक्सपर्ट सुधीर हालाखंडी का . आइये आज उनसे एक मुलाक़ात करते हैं और अन्य बातों के साथ –साथ मालुम करते हैं कि कैसा रहा भारत में जीएसटी का 18 महीने का सफ़र और अब आगे उन्हें क्या चाहिए

National Company Law Tribunal (Amendment) Rules, 2019

January 15, 2019 1986 Views 0 comment Print

Central Government hereby makes the following rules further to amend the National Company Law Tribunal Rules, 2016, namely:- 1. (1) These rules may be called the National Company Law Tribunal (Amendment) Rules, 2019.

IBBI (Voluntary Liquidation Process) (Amendment) Regulations, 2019

January 15, 2019 1647 Views 0 comment Print

1. (1) These regulations may be called the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) (Amendment) Regulations, 2019. (2) They shall come into force on the date of their publication in the Official Gazette.

Section 44AD of Income Tax Act, 1961 post amendment by finance act, 2016

January 14, 2019 17835 Views 4 comments Print

All about Section 44AD of the Income Tax Act, 1961 post amendment by finance act, 2016: (More specifically post replacement of Sub-Section 4 and 5 of 44AD) Before going into the discussion, it is better to understand the gist of this section for the benefit of readers as per current position of the provision: Section […]

Gain on settlement of sales tax deferred liability not taxable

January 14, 2019 1752 Views 0 comment Print

Alfa Laval India Ltd. case: Difference between the Net Present Value against the future liability credited by the assessee under the capital reserve account in its books of account, is a capital receipt, the addition made on account of the gain on settlement of the sales tax deferred liability not taxable

Bogus Capital Gain: Cross examination Opportunity should be allowed

January 14, 2019 1449 Views 0 comment Print

Conclusion: Claim of assessee for long term capital gains arising on transfer of shares u/s.10(38) was real or sham, required a revisit by AO by considering all the evidences produced by assessee and also, AO should allow the opportunity of cross-examination  to check the nature of transaction.

GST on Advance Payment

January 14, 2019 179055 Views 22 comments Print

Generally, GST is imposed on a supplier of goods and service at the time of receipt of payment. However, in some cases, an advance payment is first made by the recipient of the goods or/and service or both to the supplier. In this article, we will discuss the applicability of GST on advance payments. GST […]

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