"06 March 2020" Archive

Filing of forms in Registry MCA-21 by IRP or RP or Liquidator- MCA clarifies

General Circular No. 08/2020 (06/03/2020)

Filing of forms in the Registry (MCA-21) by the Insolvency Professional (Interim Resolution Professional) (IRP) or Resolution Professional (RP) or Liquidator) appointed under Insolvency Bankruptcy Code, 2016 (IBC), 2016 MINISTRY OF CORPORATE AFFAIRS vide General Circular No. 08/2020 dated 06.03.2020, has issued clarification for statutory...

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Applicability of Tax Audit under Income Tax for Assessment Year 2020-21

​In this article we tried to clear confusion for TAX AUDIT APPLICABILITY from AY 2020-21. Hope you all find it useful, Please give your valuable feedback. & do lt me know if any error. Thanks in advance. The finance Bill, 2020 has brought a major amendment to section 44AB of Income Tax Act, 1961. Moreover, […]...

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Posted Under: Company Law |

Income from cloud services was neither taxable as ‘Royalty’ nor as ‘fees for included services’

Rackspace, US INC Vs DCIT (ITAT Mumbai)

Income from cloud services was neither taxable as 'royalty' nor as 'fees for included services' as the customers did not operate the equipment or have physical access to or control over the equipment used by the assessee to provide cloud support services and did not make available technical knowledge, experience, skill, know-how etc....

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Benefit of exemption u/s 11 cannot be denied in case of deemed registration u/s 12A

The Bengal Chamber of Commerce & Industry Vs Income-tax Officer (ITAT Kolkata)

Order under section 143(1) denying benefit of exemption under section 11 in case of granting of deemed registration by CIT after expiry of time limit of six months was contrary to the legal principles and thus, rejection of assessee’s application for rectification under section 154 was invalid....

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No Exemption from MAT as Assessee is a developer not having any unit in a SEZ

Gee City Builders (P) Ltd. Vs DCIT (ITAT Chandigarh)

Assessee was not eligible for exemption from payment of MAT as per the provisions of section 115JB(6), since, admittedly, it did not qualify as a business or services rendered by an entrepreneur or developer in a unit or SEZ as per definition of the said terms in the SEZ Act....

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Document containing offer of securities for sale to be deemed prospectus

DOCUMENT CONTAINING OFFER OF SECURITIES FOR SALE TO BE DEEMED PROSPECTUS 1. Any document by which the offer for sale to the public is made shall, for all purposes, be deemed to be a prospectus issued by the company; 2. All enactments and rules of law as to the contents of prospectus and as to […]...

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Posted Under: Company Law |

HC: No evidentiary value of statement which was retracted later

Manak Kala Vs Union of India & Anr. (Delhi High Court)

Assessee could not be held guilty for violation of provisions of Section 9(1)(b) of FERA, on the sole basis of the statement of Sh. Ashish Jain, which was retracted later on as none of the orders of the authorities, namely, the Adjudicating Authority, the Appellate Authority or the Tribunal refer to any cogent material to substantiate the...

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No reassessment can be made solely on basis of statement recorded u/s 133A

A. Thangavel Nadar Stores Vs ITO (Madras High Court)

Reassessment was not justified wholly on the basis of a sworn statement recorded in the course of survey in the absence of any other tangible evidence available with the Assessing Officer as the materials collected and the statement obtained under Section 133A would not automatically bind upon the assessee....

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Strategic Cost Management

Due to increased competition and ever changing customer’s preference and  expectation,  cost management has become a critical survival skill for many organisations. While every business organisation faces  domestic as well as global competition,  customers expect timely delivery of quality products at competitive price. Business ent...

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Posted Under: Company Law |

Suggestions/Clarification Under Vivad Se Vishwas Scheme

CLARIFICATION REQUIRED AFTER Circular NO. 7 DT 4-3-2020 on VIVAAD SE VISHWAS SCHEME, 2020 1. As per the scheme appellant will file a declaration before “DA” on prescribed form and “DA” will take 15 days to file issue certificate under 5(1) and then within 15 days the tax is to be deposited. This will defeat […]...

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Posted Under: Company Law |