"16 April 2020" Archive

Taxability of Transfer of Developmen Right (TDR) Under GST

1. Transfer of Development Rights means the owner of land allows promoter ( builder ) to develop the land and construct apartments in his land. This is different from Transferable Development Rights. In case of Transferable Development Rights, Government (local authority) gives an instrument to land owner (for surrender of his right) to e...

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GST Year Ending Tasks

As all of us are aware that the nation is under lockdown due to Covid 19. The financial year ending tasks are still not done. It is advisable to to do the following tasks and keep the suitable documentary evidences ready as soon as the lockdown is lifted and the businesses get back to their […]...

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No classification as NPA for failure to pay Loan installment due to COVID-19

Anant Raj Ltd. Vs Yes Bank Ltd. (Delhi High Court)

Learned counsel for the respondent contends that RBI guidelines and package are not applicable to the case of the petitioner, in as much as, the petitioner was already in default as on 01.03.2020 and the package is applicable only to those instalments which fall due on 01.03.2020 and also only to those borrowers who were properly servicin...

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Section 84A of Gujarat VAT Act is declared as ultra vires the Constitution of India

Reliance Industries Ltd. & ors. Vs State of Gujarat (Gujarat High Court)

Section 84A of the Gujarat VAT Act is declared as ultra vires and beyond the legislative competence of the State Legislature under Entry 54 of List II of the Seventh Schedule to the Constitution of India and is also declared to be violative of Article 14 of the Constitution of India on the ground of being manifestly arbitrary, unreasonabl...

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Extension of due date of SEBI compliance under Takeovers Regulations

Extension of Due Date of Compliance of Disclosures Under Regulation 30(1), 30(2) of SEBI (Substantial Acquisition of Shares And Takeovers) Regulations, 2011 SEBI vide its Circular No.: SEBI/HO/CFD/DCR1/CIR/P/2020/49 dated 27th March, 2020 has granted Relaxation   from   compliance   with   certain   provisions   of   the  ...

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Income Tax Provisions relating to Religious Trusts

The Income Tax Act makes a distinction between Trusts for charitable purposes and those for religious purposes, though both are entitled to exemption under section 11 of the Act. The creation of religious charitable trusts is governed by the personal laws of the religion. The administration of these religious trusts can either be left to ...

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Further clarification on extended GST return filing due dates

Further clarification on extended date as per Circular No.136/06/2020-GST, dated 03.04.2020 Circular No.136/06/2020-GST, dated 03.04.2020 had been issued to clarify doubts regarding relief measures taken by the Government for facilitating taxpayers in meeting the compliance requirements under various provisions of the Central Goods and Se...

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Effects of Financial Emergency on Economy – Covid 19

The Indian Constitution has given power to President of India to impose emergency in certain situations. The constitution also provided the situations in which emergency can be imposed. The Chapter XVIII (Article 360) of constitution deals with emergency situations and provides exceptional rights to central government/president to invoke ...

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Intellectual Property Rights vis-à-vis COVID-19

What does the economy need? For an economy to grow and its consumer society to prosper, intellectual property serves as an underpinning factor for the country. To fight the present Pandemic, it is even more quintessential as it is a fundamental instrument to help nations fight together. Globally, the pharmaceutical and biotechnological co...

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Section 24 of General Clause Act, 1897- Applicable even when Repeal is by Implication: SC

M/s. Fibre Boards (P) Ltd. Bangalore Vs. CIT (Supreme Court), Civil Appeal Nos. 5525-5526 of 2005,  Dated- 11th August 2015 BACKGROUND Prior to 01.04.1988 Section 280ZA of the Income Tax Act, 1961 (‘Act’) provided that any company owning an industrial undertaking situated in an urban area, is entitled for a tax credit certificate wit...

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