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Archive: 15 February 2020

Posts in 15 February 2020

ICAI Guide to CA Certificates in GST- Format of GST Certificates

February 15, 2020 63849 Views 9 comments Print

ICAI release Guide to CA Certificates in GST which contains Format of Certificate under Section 18(1)(a), Section 18(1)(b), Section 18(1)(c), Section 18(1)(d), Section 18(3), Section 54 and  Section 29(5)  of the CGST Act, Certificate under Section 18(4) of the CGST Act- Composite Tax Payer, Certificate under Section 18(4) of the CGST Act-Taxable supplies by registered […]

New Amendment in IBC: No backdoor entry of ex-promoters under liquidation

February 15, 2020 2682 Views 0 comment Print

The Insolvency and Bankruptcy Code, 2016 (IBC) was enacted with the intention to expedite and simplify the framework for insolvency and bankruptcy in the country. The notion of ‘creditor in control’ instead of ‘debtor in possession’ is candidly observed by the Code. However, there persisted grey areas in the code and they served as an […]

ESOP Accounting and Taxability

February 15, 2020 161751 Views 7 comments Print

This is my approach to explain the ESOPs Accounting, Taxation & Compliance in simpler terms. Ind AS (Accounting) The accounting for ESOP is dealt by Ind AS 102, Share-based Payment. First we need to understand terminology used in ESOP, which are as follow: Grant :  Grant means issue of options to employees under ESOP. Exercise: It […]

Section 46A | Gains from buyback of shares-Needs some changes?

February 15, 2020 15564 Views 0 comment Print

Earlier Finance Act, 2013 introduced tax on the distributed income by the company on the buyback of the Unlisted Shares vide section 115QA under chapter XVII-DA. The Bare Act language of the section 115QA mentioned below for the reference. 115QA. Tax on distributed income to shareholders. “(1) Notwithstanding anything contained in any other provision of […]

Class Action Suit | Section 245 | Companies Act, 2013

February 15, 2020 10707 Views 0 comment Print

Provisions related to Class Action Suit falls under Section 245 of the Companies Act, 2013. Article explains When and by Whom Class Action can be filed, Situation under the Companies Ac, 2013 where class action suit can be filed, Class Action against Audit Firm, How many Minimum requisite no. of Members/ Depositors required to file […]

Section 43B deduction not allowable for unutilized MODVAT credit: SC

February 15, 2020 2460 Views 0 comment Print

Since unutilized credit in the MODVAT scheme without incurring the liability could not be treated as sum actually paid by assessee under section 43B  hence the unutilized credit under MODVAT scheme did not qualify for a deduction.

No capital gain tax on amount received by retiring partner

February 15, 2020 17538 Views 0 comment Print

When a retiring partner took only money towards the value of his share on retirement and when there was no distribution of capital asset/ assets going to the partners, there was no transfer of capital asset and consequently no profits or gains was chargeable u/s. 45 (4).

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