"01 April 2020" Archive

Clarifications on refund related issues – Circular 135/05/2020-GST

CBEC has issued Circular No. 135/05/2020-GST dated 31/03/2020 clarifying certain confusions under refund of GST. The summary of same reproduced below: 1. Bunching of refund claims across Financial Years: Vide circular No 125/44/2019-GST dated 18.11.2019, claiming refund by bunching across different Financial years was restricted. As per t...

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Services rendered by appellant in J&K were exempted services

ECIL Rapiscan Ltd. Vs Commissioner of Central Excise, Customs & Service Tax (CESTAT Hyderabad)

ECIL Rapiscan Ltd. Vs Commissioner of Central Excise (CESTAT Hyderabad) In view of the above, we find that this is a fit case to be remanded to the original authority to re-determine the amount of cenvat credit which needs to be disallowed, the interest thereon and the appropriate penalty as follows: (i) while computing the […]...

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Clubbing of GST Refund Claim across Financial Years is Permissible

Need for clubbing of refund claim across financial years arises while claiming refund of  Input Tax Credit for exports, It is possible that input tax credit may be received in a month while exports may be made in subsequent month....

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Amusement parks entitled to only one benefit either U/s. 3(2) or U/s. 3(5)(a) of Bombay Entertainments Duty Act: SC

State of Maharashtra & Ors. Vs PAN India Paryatan Limited & Anr. (Supreme Court of India)

State of Maharashtra & Ors. Vs PAN India Paryatan Limited & Anr. (Supreme Court) Once an admission ticket is granted, it is not in terms of Section 3(2) of the Act but only in terms of Section 3(1)(b) of the Bombay Entertainments Duty Act, 1923. Section 3(2) of the Act has no applicability for a […]...

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GST- Impact of change in definition of Turnover of Zero-rated supply of goods 

Recently, the CBIC has issued a notification no. 16/2020-Central Tax, dated 23/03/2020 whereby certain amendments have been made in CGST Rules, 2017 (‘CGST Rules’).  Under this article, I have covered the amendment made in definition of ‘Turnover of Zero-rated supply of goods’ under Rule 89 (4) of the CGST Rules and its i...

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GST on imported goods supplied directly from port of import to customer

In re Kardex India Storage Solution Pvt. Ltd. (GST AAR Karnataka)

The place of supply in case of import of goods, is the location of the importer in terms of section 11(a) of the IGST Act 2017 and in the case of applicant the location of the importer is the state of Karnataka where the applicant has obtain the GST registration. Therefore, the applicant though import the goods to the port nearest to the ...

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How to register TAN online & Request for Consolidated TDS/TCS file

eTutorial - Online TAN Registration and Request for Consolidated TDS/TCS file from TIN - Download Step by step guideline on how to register your TAN and How to Request for Consolidated TDS/TCS file from TIN in power Point Presentation Format...

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Tax planning by conversion of stock in trade into capital asset

When a capital asset is converted into stock in trade then capital gain u/s 45(2) of Income Tax Act arises in the year of sale and not in the year of conversion. But in vice versa situation i.e conversion of stock in trade into capital asset there does not arise any capital gain. If an assessee is in the business of real estate and on clo...

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TDS on Expense Provision for which no invoice been received

One of the most disputed arguments between assessee and income tax department is that whether payments made towards specified expenditure attracts disqualification u/s 40(a) (ia) and applicability of this section to provisions made at the year end and its implications. Following are the views expressed by the author in this respect. The ...

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Nil E-TDS Return, Nil Challan, When to file nil return

What is a Nil Return? What is the position for an assessee who has not made any payment at all in a quarter? What to do If for a quarter TDS return / statement are not filed and then the assessee receives a letter / notice from NSDL/ Income Tax Department for non-filing of e-TDS return/statement? When Assessee is required to file NIL TDS...

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How To Recover TAN Account?

What is the procedure to retrieve TAN - A written request on the letter head has to be sent to NSDL mentioning name of Deductor, TAN and requesting for retrieving TRN. The letter should be signed by ‘Managing Director’ or ‘Chief Financial Officer’ or authorized signatory in the organization along with name and designation a...

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Salary Income- Perquisite Valuation, Exempt Allowances & Deductions

Salary is said to be the remuneration received by or accruing to an individual for service rendered as a result of an express or implied contract. The statute, gives an inclusive but not exhaustive definition of salary. As per sec. 17(1), salary includes therein (i) Wages (ii) Annuity or pension (iii) Gratuity (iv) fees, commission, perqu...

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All about Permanent Account Number (PAN) and how it is structured

Permanent Account Number is basically a method of identifying a taxpayer on the computer system through a unique All-India number so that all information relating to that taxpayer, e.g. taxes paid, refunds issued, outstanding arrears, income disclose...

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No Capital Gain on Conversion of sole proprietary concern or firm into Company

Where transfer of an asset from one person to another is not regarded as a transfer under section 47, then, for the purpose of computation of capital gains, the cost of the asset in the hands of the successor under section 49 is taken as that of the predecessor. Certain transactions like transfer of assets by a sole proprietorship or a fi...

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Analysis on Company Fresh Start Scheme, 2020

The Companies Act, 2013 requires all Companies to make annual statutory compliance by filing the Annual Return and Financial Statements. Apart from this, various other documents such as eForm DIR-12 for appointment/resignation of Director, eForm PAS-3 for allotment of shares, eForm DIR-3 KYC or web based KYC, Active Form (eForm INC-22A) i...

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You can avail a personal loan without having to leave your home, here’s how

Bajaj Finserv offers 100% online personal loans that you can avail without stepping out of your doorway. As the country comes to terms with the lockdown imposed over the spread of the Coronavirus, nearly all commerce across the country (with the exception for essential services) has come to a standstill. It has put millions of […]...

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Validity of notice issued in Form GST-MOV-10 under section 129(6)

ABB India Ltd. Vs Union of India (Gujarat High Court)

ABB India Ltd. Vs Union of India (Gujarat High Court) The whole basis of issuing Form GST-MOV-10 appears to be erroneous in law. The authority has thought fit to proceed against the applicant by way of Form GST-MOV-10, on the premise of section 129(6) of the Act, 2017. Section 129(6) of the Act, 2017 reads […]...

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Release Goods / Vehicles on Simple Bond, no need to furnish bank guarantee: HC

Umiya Enterprise Vs Assistant State Tax Officer (Kerala High Court)

Court is persuaded to accept the view that the goods and vehicle detained pursuant to Ext.P7 order could be released to the petitioner on the basis of simple bond and it need not be insisted that the petitioner will have to furnish a bank guarantee for the amounts demanded in Ext.P7 order....

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Mere permission to construct on land not results in transfer for capital gain tax

Seshasayee Steels P. Ltd. Vs ACIT (Supreme Court)

SC held that, under the sale agreement, the Taxpayer had granted mere license to Vijay Shanthi Builders Ltd. which cannot be equated with possession of property which necessarily requires control over the property and not mere occupation and, hence, provisions of Transfer of Property Act, 1882 were not attracted....

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Companies & Businesses Require Extensions for GST Return Filing

The COVID-19 pandemic has already beaten black and blue the Indian markets, with the Nifty and Sensex entering the lower circuits for the second time in less than a month today. Enterprises have come to a halt on a microscopic point! Leave the tax compliances alone, but companies have a tough time handling their day-to-day […]...

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Mere difference in Address in Invoice & E-way Bill not justify detention of Goods

M.R. Traders Vs Assistant State Tax Officer (Kerala High Court)

M.R. Traders Vs Assistant State Tax Officer (Kerala High Court) Address shown in the invoice is different from the address shown in the E Way bill etc. is only a clerical mistake and is not a serious mistake which should justify the detention and penalty proceedings. FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT […]...

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Restore e-way facility for filing of GST returns: NCLT

Abhijit Guhathakurta R.P. for the 13 Videocon Group Companies Vs Central Goods & Services Department (National Company Law Tribunal)

NCLT directs the GST Department to (a) To restore the e-way facility for filing of the GST returns in respect of Corporate Debtors all Companies including Techno Electronics Limited currently under Corporate Insolvency Resolution Proceedings....

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How I stay financially secure during these uncertain times

When it comes to financial planning, I had been fascinated from a very young age. I remember a conversation with my father where he said, money, if properly managed has the ability to change individuals, corporates and even countries....

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Companies Fresh Start Scheme (CFSS), 2020- Complete Overview & FAQs

The MCA vide its circular dated 30th March 2020 has issued Companies Fresh Start Scheme, 2020 to promote defaulting companies to make a fresh start on a clean slate and waive the additional fee as charged under section 403 of Companies Act, 2013 which is applicable on certain forms to be filed with MCA. –Companies Fresh Start S...

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Covid 19 – Worst Epidemics to be converted into Opportunity

COVID-19 almost occupied each country of the World. It was first detected in the month of Jan 2020. Perhaps, it has not been considered that seriously by such countries. The statistics are as shown in the below table at the start of epidemics is really alarming. In view of the growing demand for hand sanitizers, […]...

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PMLA- KYC- Small account to remain operational till June 30, 2020

RBI/2019-20/207 DOR.AML.BC.No. 61/14.01.001/2019-20 (01/04/2020)

Amendment to the PML Rules, Master Direction on KYC- Notwithstanding anything contained in clauses (e) and (f) above, the small account shall remain operational between April 1, 2020 and June 30, 2020 and such other periods as may be notified by the Central Government....

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Refund of Tax Paid In Wrong Head-CGST/SGST Vs IGST

1. The provisions of CGST/SGST Act, enables a taxpayer to claim for a refund  of the tax levied on the particular supply of Goods and Services. Likewise, a person having GSTregistration can claim for refundon tax paid for the intra-state supply which is consequently held to be inter-state supply and vice versa. 2. The applicant […...

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Remuneration to Non-executive Directors and Independent Directors in case of absence or Inadequacy of Profits

One of the major amendment proposed by the Companies (Amendment) Act, 2020 (at present, it is bill) is with regard to remuneration to independent director and non-executive directors in Case of Absence or Inadequacy of Profits. In this write-up, author has analysed the impact of such amendment. Proposed changes has been made in section 14...

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Section 115BAA New tax rate for domestic companies & Section 115BAB Corporate tax rate for new manufacturing companies

Section 115BAA – New tax rate for domestic companies The Government of India has introduced the Taxation (Amendment) Ordinance 2019 on the 20th of September 2019. Several amendments are made to the Income Tax Act,1961 through this ordinance. Changes such as corporate tax rate cut for domestic companies and as well as for manufacturing c...

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Do not levy any penalties/charges/fees on any Port user: Govt

Ministry of Shipping issues direction to all Major Ports not to levy any penalties/charges/fees on any Port user for any delay caused due to COVID-19...

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Novel Coronavirus- What we know and what we need to know

Many things about Novel Coronavirus are spreading rapidly through social media, WhatsApp and the Internet. Some of these could be true, but many of those informations are baseless. At a time when the coronavirus epidemic is spreading across the world, it is important to know about some facts related to this deadly virus....

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Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020

Union Ministry for Home Affairs (MHA) has issued an order for adaptation and modification of State Laws specific to the erstwhile State of Jammu and Kashmir, to further facilitate the application of Central Laws to the newly formed Union Territory of Jammu and Kashmir....

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Covid-2019- Pandemic Rights, Powers & Duties of Government

Covid-2019- Pandemic Rights, Powers and Duties of Government and Citizens Relaxation measures in compliances and relief packages announced by Government and Corporates Covid-19 COVID-19 is a new disease that is distinct from other SARS, MERS, and influenza. Although coronavirus and influenza infections may present with similar symptoms, t...

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CBIC notifies Rate of Exchange of Foreign Currencies wef 02.04.2020

Notification No. 37/2020-Customs (N.T.) (01/04/2020)

CBIC notifies Rate of Exchange of Foreign Currencies against India Rupees wef 28.03.2020 vide Notification No. 37/2020-Customs (N.T.), Dated: 1st April, 2020. Government Of India Ministry Of Finance (Department Of Revenue) (Central Board Of Indirect Taxes And Customs) ***** Notification No. 37/2020 – Customs (N.T.) New Delhi, dated ...

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FRESH START—a new slate to Companies and LLPs in India

FRESH START—a new slate to Companies and LLPs in India – An opportunity to be a COMPLIANT ENTITY Let’s discuss WHY,WHAT, HOW & FOR WHOM, on the closure of financial year on 30th March 2020 and in the mid of Nationwide Locked Out situation due to outbreak of Covid-19 pandemic, the Ministry of Corporate Affairs […]...

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Impact of COVID 19 on Ind AS Financial Statements

1. Management of the entity should assess the impact of COVID-19 and the measures taken on its ability to continue as a going concern. 2. The impact of COVID- 19 after the reporting date should also be considered and if, management after the reporting date either intends to liquidate the entity or to cease trading, or has no realistic alt...

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Amendment in GST Rule 96(10) – Sigh of relief to Goods Exporters

Section 16 of IGST Act, 2017 entitles exporters to claim refund under either of the two options: 1. Export without payment of IGST under bond or Letter of Undertaking (LUT) and claim refund of unutilized Input Tax Credit (ITC) or 2. Export with payment of IGST and claim refund of such IGST paid. The 2nd […]...

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Company Fresh Start Scheme (CFSS), 2020 & Modified LLP Settlement Scheme, 2020

Company Fresh Start Scheme (CFSS), 2020 & Modified LLP Settlement Scheme, 2020 In line with government initiative to ease of doing business & good corporate governance, the Ministry of Corporate Affairs (MCA) has come up with the ‘Companies Fresh Start Scheme 2020’ to enable defaulting companies make good of any filing-related...

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Details of Companies Fresh Start Scheme, 2020 (CFSS-2020)

The Ministry of corporate affairs issued a scheme known as Companies fresh start Scheme 2020 (CFSS-2020) condoning the delay in filing of documents with the ROC at a normal fee only and grant immunity from launching of prosecution for imposing penalty on account of delay associated with certain filings. Details of Companies Fresh Start S...

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Section 10(6) Remuneration received by an individual who is not a citizen of India

Provisions of section 10(6) of the Income Tax Act covers the following exemptions – 1. Section 10(6)(ii) – Remuneration received as an official of various offices or remuneration received as a trade commissioner or other official representative 2. Section 10(6)(vi) – Remuneration received as an employee of the foreign enterprise. 3....

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No withholding of refund of tax due to issuance of scrutiny notice

Tata Communications Ltd. Vs DCIT (Bombay High Court)

Tata Communications Ltd. Vs DCIT (Bombay High Court) Conclusion: Once a notice under subsection (2) of Section 143 was issued, the suspension of the refund arising out of the return filed by assessee would not be automatic till the passing of the order of assessment under sub-section (3) of Section 143.  Instead AO to take […]...

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TDS credit allowable irrespective of deposit by deductor

Aricent Technologies Holdings Ltd. Vs ACIT (ITAT Delhi)

Aricent Technologies Holdings Ltd. Vs ACIT (ITAT Delhi) Conclusion: Credit for tax deducted at source, which was deducted from the account of the deductee, by the deductor, was to be allowed as taxes paid in the hands of the deductee, irrespective of the fact whether the same had been deposited by the deductor to the […]...

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Validity of lower or nil TDS certificate extended to June 30, 2020

CBDT Order u/s 119 of The Income Tax Act, 1961 on issue of certificates for lower rate/nil deduction/collection of TDS or TCS u/s 195, 197 and 206C(9) notifies vide Order No. F. No. 275/25/2020-IT(B) dated 31/03/2020 that Lower TDS Certificate issued under section 197 for FY 2019-20 shall be valid till 30/06/2020. Taxman to accept [&helli...

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What is Standard and Non-Standard contract template?

For people who are outside the contract drafting domain an executed contract will be a mere contract only. But contract negotiators/business deal makers will perceive executed contract as standard and non-standard contracts from legal and business perspective. A Standard contract template will be designed by a company to reflect the legal...

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Summary of Companies Fresh Start Scheme (CFSS), 2020

1. Objective of Companies Fresh Start Scheme (CFSS), 2020: An opportunity to companies to complete their pending compliances by filing necessary forms including annual filings with MCA by paying normal fees and without any additional fees, penalty /other proceedings for such delay. 2. Validity Period of Companies Fresh Start Scheme (CFSS)...

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Foreign Companies and Permanent Establishment (PE)

With this article, we would like to explicate the concept of Foreign Companies and PE in light of Indian Income Tax Act provisions. Foreign Companies ♠ Foreign company means a company which is not a domestic company, i.e. a company registered outside India in any other foreign country. [Section 2(23A)] ♠ The Foreign Company may [&hell...

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RBI allowed Banks to declare Moratorium on Term Loans-15 FAQs

Frequently Asked Questions : RBI Allowed Banks to Declare Moratorium on Term Loans Last week, the Reserve Bank of India has allowed Banks to declare a three-month moratorium on all term loans outstanding as on March 1, 2020, as well as on working capital facilities. The Indian Banks Association has answered a list of Frequently […]...

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MCA updates due to Covid 19

Ministry of Corporate Affairs in view of COVID-19 have taken the following measures to reduce the compliance burden and other risks: UPDATE NO.1 Non-compliance of minimum residency in India for a period of at least 182 days by at least one director of every company, under Section 149 of the Companies Act, 2013 shall not […]...

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Companies Fresh Start Scheme 2020 (CFFS 2020)

1. The Corporate Affairs Ministry (MCA) has come up with the ‘Companies Fresh Start Scheme 2020’ (CFFS 2020) to enable companies make good of any filing-related defaults, irrespective of duration of default, and make a fresh start as a fully compliant entity. The scheme has been introduced vide General Circular No. 12/2020 dated 30/03...

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Activate ‘Deactivated’ DIN without any filing fees till 30.09.2020

DIN holders of DINs marked as ‘Deactivated’ due to non-filing of DIR-3KYC/DIR-3 KYC-Web and those Companies whose compliance status has been marked as ‘ACTIVE non-compliant’ due to non-filing of Active Company Tagging Identities and Verification (ACTIVE) eform are encouraged to become compliant once again in pursuance of t...

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Modified LLP Settlement Scheme

MODIFIED LLP SETTLEMENT SCHEME, 2020 Ministry of Corporate Affairs (MCA) has in relation to Circular 06/2020 dated 04.03.2020, has brought certain modifications to the existing LLP Settlement Scheme 2020 in order to support and enable Limited Liability Partnership (LLP) registered in India to focus on taking necessary measures to combat t...

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Companies Fresh Start Scheme, 2020 (CFSS)

Companies Fresh Start Scheme, 2020 is one of its kind and it’s a golden opportunity for Companies and LLP’s to save huge amount of late fees, which would otherwise be payable:...

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RBI announces further measures for dealing with COVID-19 pandemic

Press Release : 2019-2020/2167 (01/04/2020)

Reserve Bank Of India Date : Apr 01, 2020 1. Extension of realisation period of export proceeds Presently value of the goods or software exports made by the exporters is required to be realized fully and repatriated to the country within a period of 9 months from the date of exports. In view of the disruption […]...

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Export of Goods and Services- Realisation and Repatriation of Export Proceeds-Relaxation

RBI/2019-20/206 A. P. (DIR Series) Circular No. 27 (01/04/2020)

Reserve Bank of India RBI/2019-20/206 A. P. (DIR Series) Circular No. 27 April 01, 2020 To, All Authorised Dealer Category – I Banks Madam / Sir, Export of Goods and Services-Realisation and Repatriation of Export Proceeds-Relaxation The Government of India as well as the Reserve Bank has been receiving representations from Exporters Tr...

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Advisory on Payment of 24% of wages of workers in their EPF Accounts

No. AP/RO/GNT/LOCK DOWN ECR/2020 (01/04/2020)

(i) The benefit of crediting of 24% of wages to the PF Accounts of workers will only be given to such establishments where 100% KYC is completed, (ii) Where salaries have been paid to the workers by the employers for the lock down period duly filing ECR for the same period and where a declaration is given about number of excluded employee...

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Govt relaxes renewal of health / motor vehicle insurance policies installments

Notification No. G.S.R. 229(E), S.O. 1237 (E), S.O. 1238(E) (01/04/2020)

Motor vehicle third party insurance policies. - In the case of renewal of motor vehicle third party insurance policies falling during the period of lockdown due to outbreak of COVID-19 pandemic, the risk may be assumed subject to the condition that the premium shall be paid within such time as the Central Government may, by notification, ...

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Manual on homemade masks for Curbing Spread of Coronavirus

Office of Principal Scientific Adviser issues manual on homemade masks: Masks for Curbing the Spread of SARS-CoV-2 Coronavirus An office memorandum allowing institutes under DST, DBT, CSIR, DAE, DRDO and Indian Institute of Science (IISc) to self assess and prepare their labs for research and testing through the standard and rigorous prot...

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Latest Change in Income Tax & GST during COVID-19 period

COVID-19 has hit almost all sectors of the economy. PM Modi has also announced a 21-day complete lockdown till 14th April 2020 to check the spread of COVID-19. On the other hand, the Union FM Smt Nirmala Sitharaman has announced some reliefs for businesses to cope up with the difficult times of COVID-19. Amendments in […]...

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