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Archive: August, 2019

Posts in August, 2019

Summary of GST updates for the month of July 2019

August 1, 2019 5412 Views 0 comment Print

1. Clarifications w.r.t. GST Annual return and Audit i. Discharging the additional liability through annual return Yes, pay the tax along with interest through DRC-03. ii. Basis for filling Annual return, GSTR-1 or GSTR-3B or Books of accounts? Ideally, three of them should be in synchronous. In case of deviations, there should be excess/Short payment […]

Declared value cannot be revised just because it is lower than in NIDB database

August 1, 2019 2022 Views 0 comment Print

CESTAT Chennai has held that the difference in the declared value and the value in the NIDB database does not constitute in itself a ‘reasonable doubt’ needed to reject the transaction value under Rule 12 of Customs Valuation (Determination of Value of Imported Goods), 2007. It was held that simply because the value declared by the appellant is lower than the value found in the NIDB database, the value cannot be revised by the department.

Section 194DA: TDS on Payment in respect of Life Insurance Policy

August 1, 2019 3972 Views 5 comments Print

 Sec. 194DA: TDS, on Payment in respect of life insurance policy, to be deducted by the insurer. Charging section: 194DA of Income Tax Act 1961. What section 194DA says? (Up to 31.8.2019) 194DA states, any person responsible for paying to a resident any sum under a life insurance policy, including the sum allocated by way […]

How to Submit DIR-3 KYC WEB

August 1, 2019 1683 Views 0 comment Print

The Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 have been notified w.e.f 25th July 2019. As per the said notification: i) eForm DIR-3 KYC is to be filed by an individual who holds DIN and is filing his KYC details for the first time or by the DIN holder who has already filed his […]

Insolvency and Bankruptcy code, 2016 (Amendments)

August 1, 2019 8019 Views 0 comment Print

INTRODUCTION The legal framework for resolving Corporate Insolvencies in India has been the subject of much criticism for over two decades. The operation of the Sick Industrial Companies (Special Provisions) Act, 1985 (‘SICA’) attracted criticism almost since its enactment for its lengthy delays in determining the viability of sick enterprises and for lending itself to […]

Key Takeaway of Companies (Amendment) Act, 2019

August 1, 2019 5724 Views 0 comment Print

The Companies (Amendment) Act, 2019 received the assent of the President on the 31st July, 2019. In this article author discusses Key Take Away of Companies Amendment (Act), 2019. Process for Approval of the Companies (Amendment) Act, 2019.     Submission of Report by Committee of Government August, 2018 The Companies (Amendment) Ordinance, 2018 02nd November, […]

How to Prepare Directors Report as per Companies Act, 2013

August 1, 2019 28977 Views 0 comment Print

The Companies Act, 2013, requires the Board of Directors of every company to attach its report to the financial statements to be laid before the members at the annual general meeting Director Report is very crucial document of a Company. It is is an important means of communication by the Board of Directors of a […]

HC allows GST Appeal filed Manually as valid Appeal

August 1, 2019 8274 Views 0 comment Print

M/s Sri Siddhi Kalko Bhagavan Stone Crusher Vs The Assistant Commissioner ST (Andhra Pradesh High Court) In this Writ Petition, under Article 226 of the Constitution of India, the challenge is to the rejection order, dated 22.09.2018, of the learned Appellate Joint Commissioner (ST), Vijayawada, whereby the appeal of the petitioner was rejected on the […]

Notice u/s 142(1) to amalgamating entity after amalgamation void: SC

August 1, 2019 7302 Views 0 comment Print

Issuing of notice under section 142(1) in the name of amalgamating company despite of the fact that AO was already known that amalgamating company having ceased to exist as a result of the approved scheme of amalgamation, that jurisdictional notice in the name of amalgamating company was invalid.

Authority of ICAI only can evaluate Professional misconduct of member and not the Appellant-company

August 1, 2019 1812 Views 1 comment Print

Wholesale Trading Service Pvt. Ltd. Vs ICAI (Delhi High Court) Conclusion: Since Appellant-company was carrying on the activity of filing and pursuing complaints against various Chartered Accountants as an organised activity, independent of the objects for which it was incorporated, therefore, it was held that litigants, such as assessee, who had made litigation their business/vocation […]

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