"29 May 2019" Archive

Form DPT-3 – Return of Deposits update

MCA has notified the Companies (Acceptance of Deposits) Second Amendment Rules, 2019 which shall come into force on the date of their publication in the Official Gazette i.e 30-04-2019. A welcome step by MCA by replacing 31-03-2019 for the words “the date of publication of this notification in the Official Gazette”. Stakeholde...

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Posted Under: Company Law |

Lex Terrae over Canon Law: Serving God does not exempt one from TDS

It is true as contended by the assessees that the income tax department had exempted income of the missionaries from TDS. The circulars ensuring so used the word fees and in its most widened scope, could include the money that they received from people who attended or used their religious services....

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Posted Under: Company Law |

FAQs about Form GSTR-2A

1. What is form GSTR-2A? Form GSTR-2A is return filing form which is generated by the system for a receiver taxpayer as the draft statement of inward supplies.Form GSTR-2A is auto-populated by the data which was entered in the following forms of all suppliers or counter-party taxpayers of goods/services in a given tax period: GSTR-1, [&he...

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Posted Under: Company Law |

Conversion of Public Limited Company Into Private Ltd. Company

The purpose of writing this article is to get you familiar with the practical and procedural aspects of conversion of public limited company into private limited company as per the new regulations framed by the Government. INTRODUCTION: Ministry of Corporate Affairs by its notification dated 18th December 2018 has amended the Companies (I...

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Posted Under: Company Law |

Penalty justified for Deliberate non-disclosure of income

Smt Joyti Sunil Maniyar Vs ITO (ITAT Ahmedabad)

Smt Joyti Sunil Maniyar Vs ITO (ITAT Ahmedabad) In the notice issued u/s 142(1) dated 11.10.2011 a specific query was raised by the AO about the capital gain income. After that, the assessee vide reply dated 22.11.2011 conceded the fact of non-disclosing the capital gain income. From the above, it is transpired that the assessee […...

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Establishment in India of a branch office or a liaison office or a project office or any other place of business

Foreign Exchange Management (Establishment in India of a branch office or a liaison office or a project office or any other place of business) Regulations, 2016 (Amended upto January 21, 2019) The Reserve Bank of India makes the following regulations to prohibit, restrict and regulate establishment in India of a branch office or a liaison...

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Posted Under: Company Law |

Highlights of Kerala Flood Cess Rules 2019

The Kerala flood cess rules 2019 shall be implemented from 01st July 2019 (Date Changed from 01st June 2019)  onwards for a period of two years i.e till  June 2021.  As per the aforesaid Rules, Kerala flood cess (KFC) shall be imposed at the rate of 1% and/or 0.25% on the following local outward supplies […]...

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Posted Under: Company Law |

Additions U/s. 68 solely based on general statement cannot be upheld

M/s. SDB Estate Private Limited Vs ITO (ITAT Mumbai)

M/s. SDB Estate Private Limited Vs ITO (ITAT Mumbai) We find that the assessee, in this case, had filed detailed evidence to prove the genuineness of transactions e.g. copies of form for allotment of shares, confirmation of shareholders and other documents as mentioned above. The department has relied upon the general statement of Shri Mu...

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How many house you can own and tax implications of owning more than one house?

How many house you can own and what are the tax implications of owning more than one house? People frequently ask me as to how many house one can buy and own at a time in own name. The answer is as many as you want and can afford.  So there are no restrictions under […]...

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Reimbursable expense cannot be disallowed for Non-deduction of TDS

Pr. CIT Vs DLF Commercial Projects Corporation (Delhi High Court)

Pr. CIT Vs DLF Commercial Projects Corporation (Delhi High Court) Neither the provisions of section 194C nor section 194J obliges the person making the payment to deduct anything from contractual payments such as those made for reimbursement of expenses, other than what is defined as “income”. The law thus obliges only amounts...

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TDS u/s 194C applies on Payments for catering services

CIT Vs Saifee Hospital Trust (Bombay High Court)

CIT Vs Saifee Hospital Trust (Bombay High Court) The Assessing Officer held that services of catering rendered by M/s Monginis is technical service and therefore, deduction of tax at source by the respondent has to be under Section 194J of the Act. However, in appeal both the Commissioner of Income Tax (Appeals) (CIT(A)) as well […...

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AO cannot demand 20% of disputed Tax mechanically without examining facts of case

Uthangarai Sri Vidya Mandir Educational and Social Welfare Trust Vs ACIT (Madras High Court)

Uthangarai Sri Vidya Mandir Educational and Social Welfare Trust Vs ACIT (Madras High Court) In the present case, the officer proceeds to mechanically call upon the petitioner to remit 20% of the demand without examining the appropriateness of the direction to the facts and circumstances of the petitioners’ case. For this sole reason, H...

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GST on Real Estate Sector- 7 main salient clarifications of FAQs

Real Estate Sector- New Tax Regime — Consequent upon introduction of new tax regime for real estate sector, Government has issued two trenches of Frequently Asked Questions (FAQs) for the benefit of trade and officials. The first set of compilation of FAQs for real estate sector was issued on 07.05.2019 by CBIC to clarify doubts [&helli...

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Posted Under: Company Law |

Amendment to Master Direction (MD) on KYC related to Aadhaar

RBI/2018-19/190, DBR. AML. BC. No. 39/14.01.001/2018-19 (29/05/2019)

Important changes carried out in the Master Direction in accordance with the aforementioned amendments are listed hereunder: a) Banks have been allowed to carry out Aadhaar authentication/ offline-verification of an individual who voluntarily uses his Aadhaar number for identification purpose. (Section 16 of the amended MD on KYC)...

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4 Years Imprisonment to then Inspector of Income Tax in Bribery Case

The Special Judge, CBI Cases, Jodhpur (Rajasthan) has sentenced Sh. Mukesh Kumar Meena, then Inspector of Income Tax, Jodhpur to undergo four years Rigorous Imprisonment with fine of Rs. 20,000/- in a bribery case....

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Posted Under: Company Law |

Mandatory UDIN from 1st July, 2019 on All Audit/Assurance Function

UDIN BEING MADE MANDATORY IN 2nd PHASE FOR GST & TAX AUDIT REPORTS You may be aware that Unique Document Identification Number (UDIN) has been made mandatory as per the Council decision taken at its 379th Meeting held on 17th – 18th December, 2018 in the following phases: ♣ All Certification done by Practising CAs […]...

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Posted Under: Company Law |

NAA passes 60 orders against complaints of profiteering

Anti-Profiteering Measures The National Anti-Profiteering Authority (NAA) was constituted on 28th November, 2017 under Section 171 of the CGST Act, 2017 to ensure that the reduction in rate of tax or the benefit of input tax credit is passed on to the recipient by way of commensurate reduction in prices. Important steps taken by the NAA ...

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Posted Under: Company Law |

GST Authorities of Advance/Appellate Rulings-Status Upto April 2019 

Authority for Advance Ruling (AAR) constituted under the provisions of a SGST/ UTGST Act, in terms of the provisions of Section 96 of the CGST Act, 2017 to render ruling on issues specified under Section 98 of the CGST/SGST Act which are binding on respective tax authority and tax payers. Being aggrieved by said Ruling, […]...

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Posted Under: Company Law |

GST Council – Journey so far

The GST Council was constituted on 15th September 2016 under Article 279A of the Constitution. It consists of the Union Finance Minister (Chairperson), Union Minister of State in charge of the Revenue or Finance and the Minister in charge of Finance or Taxation or any other Minister nominated by each State Government. Union Revenue Secret...

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Posted Under: Company Law |

Delhi HC stays recovery of interest demanded on gross GST liability

M/s. Landmark Lifestyle Vs. Union Of India & Ors. (Delhi High Court)

Mr. Mittal points out that the calculation of the interest payable for delayed payment of GST as determined by the Respondent is erroneous. According to him, interest has been calculated even on the amount constituting the input tax credit which is in fact to be adjusted against the tax liability. He states that on the actual tax liabilit...

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Income Tax Deductors! Time To File TDS Statement

E-File TDS Statement for the Quarter ended on 31st March 2019 by 31st May 2019. Due date is extended to 30th June 2019 for Odisha. Avoid Late Fees of Rs. 200/- per day and levy of Penalty upto Rs. 1,00,000 by filing TDS Statement on or before due date. INCOME TAX DEDUCTORS! -TIME TO FILE […]...

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GST – New Return Prototype

Goods and Services Tax Network (GSTN) has released a web-based prototype of the offline tool of new return system. These new GST Returns will replace GSTR-3B, GSTR-1. These newly proposed prototype are user-friendly and will provide all details such as invoice upload, upload of purchase register for matching with a system-created inward s...

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Posted Under: Company Law |

Kerala Flood Cess under GST Regime

Kerala Flood Additional Cess Enforcement of additional cess on goods and services is done to raise funds to rebuild the state after the devastating floods of 2018. Additional Flood cess will come into effect from 01/08/2019. Initially implementation was decided as 01/06/2019 which was deferred later to 01/07/2019 and than to 01/08/2019. U...

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Posted Under: Company Law |

Company Law Series Chapter 1- Applicability of Companies Act, 2013 & New Concepts

Applicability of Companies Act, 2013 ♠ According to section 1 of the Companies Act, 2013, the Act extends to whole of India and the provisions of the Companies Act shall apply to the following:- ♠ Companies incorporated under this Act or under any previous company law; ♠ Banking companies, except in so far as the […]...

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Posted Under: Company Law |

Kerala Flood Cess- Brief Analysis

The Government has issued notification for 1% Kerala cess on intra-state (CGST and SGST) sales w.e.f. June 01,2019 and notified Kerala Flood Cess Rules, 2019. Applicability of Cess – The cess is applicable only in case the transaction is B2C i.e. the customer is unregistered as per GST. Cess will not be applied to goods and [&helli...

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Posted Under: Company Law |

Professional Tax Payment process in Maharashtra

Profession Tax can be paid by visiting https://mahagst.gov.in/en/log-e-services. Refer the attached PPT for step by step instructions for Professional Tax Payment (PTEC) in Maharashtra State.    ...

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Posted Under: Company Law |

Reconciliation of Share Capital Audit Report by Unlisted Public Companies

Ministry of Corporate Affairs vide its notification dated 10th September, 2018 has amended the Companies (Prospectus and Allotment of Securities) Rules, 2014 by issuing Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2018 which is effective from 02nd October 2018. Rule 9A has been inserted in the said rule which ...

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Posted Under: Company Law |

We have to give up on complaining in getting Life of our Dreams

Human being have a basic nature of complaining  and blaming situations, circumstances and people when things go wrong because it's quite easy to point others and safeguard ourselves. Pointing ourselves would require change and we human are reluctant to change....

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Posted Under: Company Law |

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