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Archive: January, 2020

Posts in January, 2020

Landlord not precluded from making application for determination of fair rent during currency of contractual tenancy: SC

January 30, 2020 3528 Views 0 comment Print

N. Motilal & Ors. Vs. Faisal Bin Ali (Supreme Court) The moot question to be answered in this appeal is as to whether during currency of contractual tenancy i.e. during the currency of agreed rent between the landlord and the tenant whether landlord is precluded from making an application for determination of fair rent. Section […]

Unit in Free Trade Warehousing zone exempt from service tax on export

January 30, 2020 8616 Views 0 comment Print

M/s Broekman Logistics India) Pvt Ltd. Vs Commissioner of GST & CE  (CESTAT Chennai) Appellant is authorized to carry out the operations by setting up a unit in the FTWZ zone. They have been rendering Storage and Warehousing services predominantly to foreign customers. On the charges collected for services rendered to Indian customers, the appellants […]

Step by step simple process to raise Authorized Share Capital

January 30, 2020 5865 Views 0 comment Print

1. Increase in share capital shall be authorised by articles of association (AoA) of the company. In case AoA does not authorise to increase the share capital the AoA shall be amended as per section 14 of Company Act 2013 by passing special resolution. 2. The company shall need to alter the memorandum of association […]

Compliance under section 269SU

January 30, 2020 16521 Views 7 comments Print

In furtherance to the declared policy objective of the Government of India to encourage digital economy and move towards a less-cash economy, a new provision namely Section 269SU has been inserted in the Income-tax Act, 1961 vide the Finance (No. 2) Act 2019, which provides that every person having a business turnover of more than Rs 50 Crore shall mandatorily provide […]

Notice Period Recovery – liable for GST?

January 30, 2020 6438 Views 1 comment Print

In recent years, the issue of Service Tax/GST liability on the Notice period recovery is a subject matter of dispute. While certain conservative employers have made a choice to pay service tax on such recoveries, certain employers have made bold choices of not paying taxes which were followed by the issuance of the demand notices/orders confirming the service tax demand by the Revenue department.

What to expect in 2020, for Listed Companies & entities regulated by SEBI?

January 30, 2020 2322 Views 0 comment Print

What is SEBI? Securities and Exchange Board of India (SEBI) is a statutory regulatory body which is owned by Government of India. Its main objective is to ensure that whether the Indian capital market is working in a systematic manner by providing investors a transparent environment for their investment in business. The primary reason for setting up […]

GSTR-9 & GSTR-9C/ GST Audit Date Extension & Result of Denial of Extension

January 30, 2020 188469 Views 14 comments Print

There is a genuine demand for Extension of Date for GSTR-9/ GSTR-9C and the date should be extended as desired by various Trade and Industry Association and supported by various professional Associations. Let us see what will be the eventuality if date is not extended so that you can complete your work without tension. Try […]

Be Vigilant against Emails & Advertisements Relating To CBI Internship Scheme

January 30, 2020 597 Views 0 comment Print

Certain instances of fraudulent advertisements and emails relating to the Central Bureau of Investigation (CBI) Internship Scheme have come to the Agency’s notice. These are being spread on some platforms to attract young professionals.

MAT on provision for card receivables (NPA) written back by NBFC

January 30, 2020 2142 Views 0 comment Print

Provision for card receivables (NPA) could not be said to be a provision for liability, because even if debt was not recoverable no liability could be fastened upon assessee. Clause (c) of Expln. to section 115JA did not get attracted and AO was not justified in adding back provision for card receivables (NPA) writen back while computing book profit.

Mere transaction through banking channel not sufficient to prove genuineness

January 30, 2020 5869 Views 0 comment Print

Assesssee did not furnish PAN and Bank statements or any of the directors of investor companies merely showing that transactions were carried out through banking channel was not sufficient to prove genuineness of transaction in the matter. When investors having nil income had deposited cash in their bank account immediately before giving cheque to assessee. The same were bogus entries received by assessee in the name of sale of shares and addition was rightly made by AO under section 68.

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