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Archive: 07 February 2020

Posts in 07 February 2020

Modification in conditions for offshore funds’ exemption from “business connection”

February 7, 2020 780 Views 0 comment Print

Section 9A of the Act provides for a special regime in respect of offshore funds by providing them exemption from creating a “business connection” in India on fulfilment of certain conditions. It provides that in the case of an eligible investment fund, the fund management activity carried out through an eligible fund manager acting on […]

Bank guarantee is equivalent to tax payment for Section 129(1)

February 7, 2020 4434 Views 0 comment Print

Skipper Limited Vs Union of India (Allahabad High Court) The provision shows that upon seizure of goods and conveyances in transit, the Revenue shall issue a notice specifying the tax and penalty liable to be paid by the assessee and pass an order for payment and tax and penalty in the manner provided under Clause […]

Supply cannot be treated as Composite merely because it was based on Single Contract

February 7, 2020 5832 Views 0 comment Print

It is argued by the Appellant the supplies under the present case are not being made in the conjunction with each other, as the supply of services i.e. erection, commissioning, installation, testing etc. are undertaken only after the supply of the goods, i.e. UPS systems and other accessories, have been effected to the recipient of the goods

Ad hoc determination of ALP de-hors Section 92C & not sustainable

February 7, 2020 690 Views 0 comment Print

ITATheld that the ad hoc determination of ALP de-hors Section 92C of the Act cannot be sustained, rendering the entire transfer pricing adjustment unsustainable in law.

Excluding interest to PE of a non-resident Bank for disallowance of interest U/s. 94B

February 7, 2020 3870 Views 0 comment Print

It is, therefore, proposed to amend section 94B of the Act so as to provide that provisions of interest limitation would not apply to interest paid in respect of a debt issued by a lender which is a PE of a non-resident, being a person engaged in the business of banking, in India.

Increase in safe harbour limit of 5% u/s 43CA, 50C & 56 to 10%

February 7, 2020 11826 Views 2 comments Print

Budget 2020- Increase in safe harbour limit of 5% u/s 43CA, 50C and 56 of the Income Tax Act to 10% Section 43CA of the Act, inter alia, provides that where the consideration declared to be received or accruing as a result of the transfer of land or building or both, is less than the […]

Revised Guidelines on Stewardship Code for Insurers in India

February 7, 2020 846 Views 0 comment Print

Insurance companies are significant institutional investors in listed companies and the investments are held by them as custodians of policyholders’ funds.  The state of governance of the investee companies is an important aspect and insurance companies must ensure that investee companies maintain corporate governance standards at high level.

Extension of validity of Pre-shipment Inspection Agencies till 31.03.2020

February 7, 2020 450 Views 0 comment Print

Validity of the Pre-shipment Inspection Agencies (PSIAs) as listed in the Appendix 2G of A&ANF, whose validity expires on or before 30.3.2020, is extended up to 31.3.2020.

Revised RBI guidelines for deferment of DCCO for CRE projects

February 7, 2020 9120 Views 0 comment Print

Reserve Bank of India RBI/2019-20/158 DOR.No.BP.BC.33/21.04.048/2019-20 Dated: February 07, 2020 The Chairman / Chief Executive Officer All Scheduled Commercial Banks (excluding RRBs) All Small Finance Banks Madam/Dear Sir, Prudential Norms on Income Recognition, Asset Classification and Provisioning Pertaining to Advances – Projects under Implementation Please refer to the circular DBR.No.BP.BC.84/21.04.048/2014-15 dated April 6, 2015 on the subject. […]

Service Tax Exemption cannot be denied on canteen maintained by outdoor caterer

February 7, 2020 4419 Views 0 comment Print

Service Tax – Irrespective of the person who maintains canteen in a factory, exemption as per Entry 19A of 25/2012-ST is available to such person – Benefit cannot be whittled down by restricting it to factory owner alone: CESTAT

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