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Archive: 02 April 2019

Posts in 02 April 2019

Incorporation of One Person Company (OPC)

April 2, 2019 44226 Views 1 comment Print

The One Person Company (OPC) is a newly incorporated type of company that was introduced in the Companies Act, 2013 to support entrepreneurs who on their own are capable of starting a venture by allowing them to create a single person economic entity. There can be only one, natural person resident of India who can […]

E-Form Agile- Application for Registration of GSTIN, ESIC, EPFO: FAQs

April 2, 2019 4623 Views 0 comment Print

E-Form Agile- MCA vide its notification dated 29th March, 2019 notified Companies (Incorporation) Third Amendment Rules, 2019, in which after rule 38 ‘Rule 38A’ inserted for Application for Goods and Services Tax Identification (GSTIN) Number, Employees State Insurance Corporation (ESIC) registration & Employees Provident Fund Organisation (EPFO)  registration. According to Companies (Incorporation) Third Amendment Rules, […]

All about New INC-35 Agile Form

April 2, 2019 24891 Views 12 comments Print

The application for incorporation of a company under rule 38 shall be accompanied by e-form AGILE (lNC 35) containing an application for registration of the following numbers, namely. GSTIN with effect from 31st March, 2019, EPFO with effect from 8th April, 2019, ESIC with effect from 15th April, 2019

An opportunity to put rest to age old Pre-GST Litigation

April 2, 2019 4032 Views 0 comment Print

An opportunity to put rest to age old Pre-GST Litigation Recently, the Maharashtra Government introduced an Amnesty Scheme to settle all open tax disputes pertaining to pre-GST era.  This was introduced by passing an ordinance, namely, Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee Ordinance, 2019. The intention behind the introduction of […]

SC upheld presumption of investment out of interest free funds

April 2, 2019 3216 Views 0 comment Print

Presumption that investment is made out of interest free funds is possible when Interest free funds is available with the assessee.

Bona Vacantia: Treatment of Assets of a Company dissolved U/s. 248

April 2, 2019 11139 Views 1 comment Print

Companies Act, 2013 has, just like its predecessor, failed to address a very pertinent question – What would be the fate of properties and assets of a company after its name is struck off from the register of companies and it stands dissolved?

Authority for Adverse Rulings: Dis-counting discounts

April 2, 2019 2688 Views 0 comment Print

In the case under discussion, the Government is receiving the tax from the supplier on the undiscounted contract value. Hence, the ITC of this tax should be fully available to the recipient making further taxable supplies, in keeping up with the spirit of GST. If any part of this ITC is denied to him, it would unnecessarily increase the cost for the recipient, which shall be passed on in the supply chain and in turn, shall artificially increase the cost to the ultimate consumer.

Payments to artists for taking part in reality show liable for TDS u/s 194C

April 2, 2019 32472 Views 0 comment Print

Payments made to various artists participating in reality show would fall under section 194C  and not under section 194J  and there was no infirmity in the action of AO as assessee had rightly deducted TDS u/s 194C.

TDS u/s 195 not deductible on professional fee paid to non-resident

April 2, 2019 49590 Views 1 comment Print

Since the nature of services rendered  by non-resident  professional showed that none of the services resulted in making available of any technical knowledge, experience, skill, know, how or process, therefore, professional fee paid to non-residents could not be subjected to TDS under section 195.

Form INC-22A- Applicability and procedural requirements

April 2, 2019 24000 Views 1 comment Print

Applicabilty , Non- Applicability and procedure requirements for Form INC-22A  : As per new provision Rule 25A of Companies (Incorporation) Amendment Rules 2019 that is introduced in Companies Act, 2013, all the companies which got incorporated on or before 31st Dec 2017 shall submit required particulars in e-Form INC-22A / ACTIVE (Active Company Tagging Identities […]

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