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Archive: March, 2019

Posts in March, 2019

Employee Stock Option Plan for an Unlisted Company

March 18, 2019 86460 Views 39 comments Print

CA Gourav Goyal Brief about Employee Stock Option Plan (ESOP) Employee Stock Option Plan (ESOP) is a frequently used incentive mechanism used by organizations. There are various reasons for which the employees of a company are given such stock options. The phenomena of stock options is more prevalent in start-up companies which cannot afford to […]

All about FCRA Registration, Prior permission, Eligibility & Compliance requirements

March 18, 2019 52425 Views 10 comments Print

The FCRA was enacted with the primary purpose of regulating the inflow of foreign contributions and ensuring that the received foreign contributions are not utilized for illegal purposes. All charitable organizations in India receiving foreign contributions come under the purview of this Act. Over the last few years, the Home Ministry has been scrutinizing the […]

Expense cannot be disallowed on Mere Suspicion of Non-Business purposes

March 18, 2019 2664 Views 0 comment Print

A mere suspicion that given the nature of expenses, it is likely that incurrence of such expenditure is for non-business purposes, in our view, cannot be a basis for making the addition in the hands of the assessee.

Addition invalid when no incriminating material was unearthed during search

March 18, 2019 1053 Views 0 comment Print

Addition in respect of completed assessments u/s 153A be made solely on the basis of post search enquiry when no incriminating material was unearthed during search is not valid.

Another Step by Ministry to Track Shell Companies

March 18, 2019 3351 Views 0 comment Print

Another step has been taken by ministry for tracking shell companies and vanishing companies by introduction of E-Form ACTIVE (INC-22A).As the expansion of ACTIVE itself defines Active Company Tagging Identities and Verification, Ministry, through this e-form, has asked companies to geo-tag its registered office location and share the data related to compliance of registered office.

HC on threatening of assessee by DCIT despite admission of Appeal by HC

March 18, 2019 969 Views 0 comment Print

Deepak Fertilizers And Petrochemicals Corporation Limited Vs Add. CIT (Bombay High Court) HC held that we do not think that there is any justification for the Deputy Commissioner of Income Tax, Central Circle ­8(1) to threaten the appellant/applicant with any prosecution. Even if such prosecution  under section 276C is launched, the same shall not proceed […]

Stepping up of preventive vigilance mechanism by CBIC field formations during the 17th Lok Sabha election process — reg

March 18, 2019 1266 Views 0 comment Print

All the formations and officers under your jurisdiction should be duly sensitised to step up the preventive vigilance mechanism to rule out illicit movement of currency and commodities;Suitable directions may be given to the formations and officers under your jurisdiction to conduct effective checking and surveillance during the election period to curb illegal activities;

Individual supplies of goods or services cannot be held as Composite Supply

March 18, 2019 2697 Views 0 comment Print

In re Sandvik Asia (P) Ltd. (GST AAAR Rajasthan) Activities performed under the Agreement, though comprises of two or more individual supplies of goods or services, can not be held as Composite Supply . Consequently, such activities will fall under the category of ‘Mixed Supply’ as per definition of Mixed Supply, under Section 2(74) of […]

ITC available on de-oiled mahua cake & not on de-oiled rice bran cake

March 18, 2019 1116 Views 0 comment Print

In re Indo Prosoya Foods Pvt Ltd (GST AAAR Uttar Pradesh) (i) Input Credit attributable to the supply of de-oiled rice bran cake (exempted supply) is to be reversed by the appellant in terms of Section 17(2) of the CGST Act 2017; and (ii) GST @ 5 is payable on supply of de-oiled mahua cake […]

No ITC on supply of de-oiled rice bran cake (exempted supply)

March 18, 2019 4431 Views 0 comment Print

In re Khandelwal Extraction Ltd (GST AAAR Uttar Pradesh) (i) Input Credit attributable to the supply of de-oiled rice bran cake (exempted supply) is to be reversed by the appellant in terms of Section 17(2) of the CGST Act 2017; and (ii) GST @ 5% is payable on supply of de-oiled mahua cake with consequently allowing […]

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