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Archive: January, 2020

Posts in January, 2020

Commission paid for referring names of potential customers is allowable

January 13, 2020 2049 Views 0 comment Print

It is a settled principle of law that commission paid to persons for referring names of customers is allowable u/s. 37 of the Act for introducing potential customers to the assessee falls within the ambit of service.

‘Arogya Sanjeevani Policy’ allowed to be marketed by Point of Sales

January 13, 2020 1038 Views 0 comment Print

Number of such products that can be filed as PoS product is capped at three (3) per insurance company. In addition to these three insurance products, Standard Health Insurance Product— AROGYA SANJEEVANI POLICY is also allowed to be marketed by Point of Sales.

HC explains meaning of shell companies; Without hearing a company cannot be declared as shell company

January 13, 2020 8580 Views 0 comment Print

Assam Company India Ltd. and Anr. Vs Union of India (Gauhati High Court) What can be deduced is that though a shell company is defined in other jurisdictions, in India there is no statutory definition of a shell company. However, in popular parlance as well as from the perspective of the Government and its agencies, […]

Maintenance, Repair and installation under GST

January 13, 2020 209116 Views 9 comments Print

Dear Colleagues before going to subject we have to refer the meaning of the below words under GST Scenario. Meaning of Repairs: The meaning of Repairs has not defined in the GST Law,2017. The TERM Repairs means :- (a) To restore by replacing a part or putting together what is torm r broken, fix a […]

Role of Company Secretary in Hotel Industry

January 13, 2020 7770 Views 5 comments Print

Often the role of a Company Secretary is substituted with compliances and hence this write up is a small effort to compile the compliances which a hotel industry is bound to adhere with respect to a role of a cs. Having worked with this sector as a whole time company secretary, I have tried to […]

Agriculture land and Income Tax… Confusing yet clear

January 13, 2020 234015 Views 39 comments Print

Friends, In my view, Capital Gain has more debatable issues than any other source of income under the Income Tax. Today in this article I have tried to take one such issue under the capital gain. The issue is taxability of Agriculture Land. Broadly, there are two categories, For Income Tax purpose, in which the […]

Loan waiver never claimed as expenditure cannot be taxed u/s 41(1)

January 13, 2020 2274 Views 0 comment Print

Loan amount which was never claimed by assessee as expenditure, waiver of same could not amount to cessation of trading liability and was not chargeable to tax under section 41(1).

ITC cannot be denied for charge by seller at Higher than specified rate

January 13, 2020 2178 Views 0 comment Print

The issue under consideration is whether the respondent was justified in directing the petitioner to reverse the input tax credit availed on capital goods in excess of 4% vide the impugned order?

SVLDR Scheme 2019 | For closing past litigations or to create new litigations?

January 12, 2020 6114 Views 6 comments Print

Whether Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, is for closing of the past litigations or to create new litigations? It has been more than two and half years since implementation of GST in India. However, there are huge pending litigations from pre-GST regime. Therefore, with a view to quick closure of these litigations, various […]

Can Value of Resolution Plan be Lower than Liquidation Value? : SC Resolves

January 12, 2020 3999 Views 1 comment Print

Issue 1: Whether the scheme of the Code contemplates that the sum forming part of the resolution plan should match the liquidation value or not? Issue 2: Whether Section 12-A is the applicable route through which a successful Resolution Applicant can retreat?

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