"20 December 2019" Archive

Independent Directors-Dawn of a New Era vis-à-vis Opportunities for Professionals

Article highlights on  Applicability of New Rules of Independent Director, Important Due Dates related to Applicability of New Rules of Independent Director, Impact of New Provisions on Existing Independent Directors, Opportunities for Professionals like CS, CA etc., Independent Director Empanelment Process, Registration Process for Comp...

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Posted Under: Company Law |

Independent Director – New Era – FAQ’s

Independent directors have a crucial role to play for keeping good governance practices. In order to ensure the basic literacy of company law, securities law and accountancy among Independent directors and to boost Corporate Governance standards in India, the Govt. has decided to introduce online proficiency self-assessment test for Indep...

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Posted Under: Company Law |

Non Holding of AGM within due date- Reply to MCA E-Adjudication Notice

Non Holding of AGM within due date.. Ministry of Corporate Affairs has issued notice to approximately 3000 companies due to non compliance of provision of Section 96(1) for not holding of AGM within Due date. As per notice companies have to reply the notice within 15 days of receipt of notice. In case of non […]...

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Posted Under: Company Law |

Section 11(4A) needs to be satisfied to avail Section 11 exemption: HC

CIT Vs St. Thomas Cathedral Church (Kerala High Court)

In order to decide whether the assessee is entitled to the benefit of the exemption under Section 11, it is necessary for the Tribunal to determine whether it satisfy the requirement of Section 11 (4A)....

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AAR not allowed to answer question raised by Non-supplier

In re NRB Hydraulics Pvt. Ltd. (GST AAR Maharashtra)

The applicant have themselves submitted that the scrap is the property of the vendors. Hence question with respect to taxability of sale/supply of such scrap can be raised only by the concerned vendors and not by the applicant. Hence in view of the provisions of Section 95 of the GST Act, since the supply of scrap, will not be undertaken/...

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Time barred ARA order rectification application not maintainable

In re Shri J.J. College of Architecture Consultancy Cell (GST AAR Maharashtra)

Further, the applicant has filed rectification application on 10.10.2019 which is beyond the statutory limit of six months as prescribed under Section 102 of CGST Act/MGST Act, 2017. It is delayed and barred by limitation. Therefore, the said application is not found tenable under scope of rectification. Hence it is rejected....

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Profiteering needs to be computed at the level of each invoice: NAA

Sh. Suresh Kumar Gupta & ors. Vs Nirala Projects Pvt. Ltd. (National Anti-Profiteering Authority)

We observe that the said provision clearly links profiteering to be a function of each supply of goods or services or both and hence, profiteering needs to be computed at the level of each invoice and not at the entity level or any consolidated level....

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AAR cannot decide on Surrender of GST registration

In re Maneckji Cooper Education Trust (GST AAR Maharshtra)

In other words, Section 97(2), which encompasses the questions, for the ruling by this Authority does not deal with the issue of whether a GST registration should be surrendered. Hence, it is held that this authority does not have jurisdiction to pass any ruling on such matters....

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Limited scrutiny cannot be expanded without prior approval of appropriate authority

Late Smt. Gurbachan Kaur Vs DCIT (ITAT Jaipur)

If the A.O. has taken up the issue of determining fair market value of the property in question as on 01/4/1981 without converting the limited scrutiny to comprehensive scrutiny by taking the prior approval of the competent authority then the said order passed by the A.O. will be nullity as beyond his jurisdiction....

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Background material for study of Taxation Law Amendment Act, 2019

Author in this article makes available relevant material so as to enable the reader analyse the impact of the Taxation Laws (Amendment) Act, 2019 which sets to replace the Taxation Laws (Amendment) Ordinance, 2019....

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Posted Under: Company Law |