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Archive: 21 February 2019

Posts in 21 February 2019

President promulgates four Ordinances on 21.02.2019

February 21, 2019 1344 Views 0 comment Print

President of India on the 21st February, 2019 has promulgated the following four Ordinances, namely:––1. The Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019 (Ord. 4 of 2019). 2. The Indian Medical Council (Amendment) Second Ordinance, 2019 (Ord. 5 of 2019). 3. The Companies (Amendment) Second Ordinance, 2019 (Ord. 6 of 2019). 4. The Banning of Unregulated Deposit Schemes Ordinance, 2019 (Ord. 7 of 2019).

Impact of SEBI (Prohibition of Insider Trading) Amendment Regulations, 2018 & 2019

February 21, 2019 11679 Views 0 comment Print

In the backdrop of several highlighted instances of suspected leakage of unpublished price sensitive information (UPSI) and suspected trades on the basis of such information by persons privy to such information SEBI has issued the SEBI (Prohibition of Insider Trading) Amendment Regulations, 2018 on 31st December, 2018 and the amendments will take effect from 1st […]

Synopsis of SEBI (Prohibition of Insider Trading) (Amendment) Regulations, 2018

February 21, 2019 3342 Views 0 comment Print

CS Chintan Doshi Synopsis of SEBI (Prohibition of Insider Trading) (Amendment) Regulations, 2018 Dated 31-12-18, Effective From 01-04-2019 1. The definition of “promoter” and “promoter group category” to be read as per SEBI (ICDR) REGULATIONS, 2018 in place of 2009. Definitions are as follows: “promoter” shall include a person: i) who has been named as […]

NCLT Not a ‘Court’ or a ‘Tribunal’ Cannot Decide Legality of a Foreign Decree

February 21, 2019 5619 Views 1 comment Print

National Company Law Appellate Tribunal concluded that the National Company Law Tribunal (NCLT) is not a ‘Court’ or a ‘Tribunal’ and hence cannot decide legality of a foreign degree. NCLAT held that deciding the legality or illegality of a foreign degree is outside the jurisdiction of NCLT.

Section 269SS not applies to loan transaction between husband and wife

February 21, 2019 7896 Views 0 comment Print

Provisions of section 269SS was not applicable to the loan transaction between husband and wife because there was no relationship of the depositor or a creditor and no interest of parties were involved.

Section 10(22) exemption is allowable to American School of Bombay Education Trust

February 21, 2019 1158 Views 0 comment Print

Assessee-American School of Bombay Education Trust was eligible for income tax exemption u/s. 10(22) as assessee had reasonable cause and justified the expenses claimed in the Income and Expenditure statement filed along with the return of income.

LTCG or STCG to be assessed when income accrued to assessee

February 21, 2019 4137 Views 0 comment Print

It was held after the accrual of consideration, the capital gain was liable to be assessed in the hands of assessee and income from short term capital gain/long term capital gain was only liable to tax when it accrued to assessee

Receipts from “Sale of Software” not in nature of “Royalty” as per India-Ireland DTAA

February 21, 2019 5025 Views 0 comment Print

Receipts from sale of software cannot be treated as ‘royalty’ under the Double Taxation Avoidance Agreement (DTAA) between India and Ireland as payment had been made by assessee for use of copyrighted material rather than for the use of copyright in the computer software programme.

Non-charging of interest on loan to director – Perquisite?

February 21, 2019 6423 Views 0 comment Print

Non-charging of interest on the loan amount given by lending company to its director could not be a perquisite as no remuneration or salary in the capacity of the director had been drawn from the lending company nor any interest expenditure was shown in its profit and loss account.

Service tax exemption cannot be denied for belated filing of declaration EXP-1, EXP-2

February 21, 2019 1365 Views 0 comment Print

CESTAT Delhi has held that exemption under Notification No. 31/2012-ST, to transportation of goods from factory to the gateway port, cannot be denied for belated filing of declaration EXP-1, EXP-2.

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