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Archive: October, 2019

Posts in October, 2019

Cross Border Insolvency: Challenges and Opportunities

October 16, 2019 7038 Views 0 comment Print

A brief discussion about the theoretical basis for cross-border insolvency will help us to understand the issue in the proper perspective. According to Irit Mevorach, the theoretical basis for cross-border insolvency veers around three legal theories, namely Universalism, Territorialism and Modified Universalism

Fresh Start Process under personal insolvency provisions

October 16, 2019 2055 Views 0 comment Print

The Fresh Start (FS) Chapter under the personal insolvency provisions in the Insolvency and Bankruptcy Code, 2016 (Code) has generated a fair bit of controversy. Reports in the media seem to have given the impression that this is a ‘loan waiver’ for all small borrowers.

Taxability on Notice Pay Recovery

October 16, 2019 34399 Views 0 comment Print

Question: Whether the tax is payable on recovery made by company from the employees It is submitted that applicability of tax on the notice pay recovery is not free from doubt uptill now since there is no precedent judgement which clarifies that the notice pay is taxable or not. I hereby discuss the following points […]

Economic Aspects of Personal Insolvency

October 16, 2019 1182 Views 0 comment Print

New personal insolvency laws were designed to maximise the potential to promote efficiency and economic development. However, the design of a personal insolvency law and its impact on efficiency and growth are relatively less explored considering that this law is relatively new and still evolving compared to the law on corporate insolvency.

Restriction on availment of ITC not appearing in GSTR-2A

October 15, 2019 44361 Views 23 comments Print

Restriction on availment of the input tax credits (ITC) not appearing in form GSTR-2A In a major move to linked the ITC of the recipient with the payment of the taxes by the suppliers of the services, Government of the India, Ministry of the Finance vide notification number 49/2019-Central Tax dated 09th October 2019, has amended Central […]

Annual Return | Form No. MGT-7 | Section 92 | Companies Act 2013

October 15, 2019 63420 Views 1 comment Print

ANNUAL RETURN Q.) WHAT IS ANNUAL RETURN? Section 92 of the Companies Act, 2013 requires every company to prepare an annual return, a comprehensive document which contains information of a company relating to its share capital, indebtedness, directors, shareholders, changes in directorships, corporate governance disclosures etc. The annual return is required to be signed by […]

Companies (cost records and audit) Amendment Rules, 2019

October 15, 2019 22551 Views 1 comment Print

The companies who have already filed their Cost Audit Report in form CRA-4 for the financial year 2018-19 with the Central Government before the publication of this notification are not required to file their Cost Audit Report for the said financial year.

5 Steps to Becoming a Successful Forex Trader

October 15, 2019 10716 Views 9 comments Print

The retail forex market is cutthroat competitive and just thought of having to go through all the available brokers could give you a headache. Choosing the right forex broker to trade could be a very overwhelming particularly if you don’t know what you should look for.

CBDT exempts from TDS cash withdraws by Authorised dealer & FFMC

October 15, 2019 14820 Views 3 comments Print

CBDT exempts cash withdrawal by the authorised dealer and its franchise agent and sub-agent; and Full-Fledged Money Changer (FFMC) licensed by the Reserve Bank of India and its franchise agent from TDS under Section 194N subject to conditions specified in Notification No. 80/2019-Income Tax dated 15th October, 2019. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL […]

Constitutional validity of notification capping ITC to 20%

October 15, 2019 9084 Views 14 comments Print

Constitutional validity of this tyrannical notification No. 49/2019 dated 9-10-2019 capping the ITC to 20% The point of contention in this latest Notification No. 49/2019 dated 9-10-2019 wherein revenue placed the 20% as maximum cap for availing ITC on Invoices not uploaded by the supplier. Isn’t this notification is just a vice versa scenario of […]

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