To understand the phrase ‘reasons to believe’ it is fair to discuss provisions of section 147 of Income Tax Act, 1961.This article aims at highlighting the importance of ‘reasons to believe’phrase on invocation of provisions of section 148/147 Income Tax Act, 1961.
In case , one earns income which suffers tax outside India, the Income Tax Act has clear provision of relief from such double taxation. The relevant provision are contained in section 90 and section 91 of the I T Act. Section 90 is applicable for the cases when the tax has been paid in a country with which India has signed comprehensive double taxation avoidance agreements. There are Double Taxation Avoidance Agreements with as many as 79 countries .Comprehensive agreements are signed with these countries and Limited agreements with these countries.
The doctrine of mutuality bestows a special status to qualify for exemption from tax liability. It is a settled proposition of law that exemptions are to be put to strict interpretation. Asssessee having failed to fulfil the stipulations and to prove the existence of mutuality, the question of extending exemption from tax liability to assesse, that too at the cost of public exchequer, did not arise. Once it was conclusively determined that the assessee company had not operated as a mutual concern, there would be no question of extending exemption from tax liability.
This article analyses the impact of extension of the last date for tax saving for FY 2019-20 from March 31, 2020 to June 30, 2020. 1) If Salary is Computed or Paid by Employer before Investment By Apr 2020 or May 2020, salary for FY 2019-20 would have been already paid. The employers would have […]
With the increase in demand of credit in the country, the Ministry of Corporate Affairs came up with the concept of Nidhi Company wherein the word Nidhi means ‘treasure’ with the object of cultivating the habit of thrift and saving amongst its members, receiving deposits from, and lending to, its members only, for their mutual […]
Appointment of an Independent Director 1. Call and convene meeting of Nomination and Remuneration Committee. The Nomination and Remuneration Committee of the Company shall with a due diligence select and recommend an Individual to be appointed as an Independent Director after ensuring that there is appropriate balance of skills, experience and knowledge. 2. As per […]
India rank on 63rd number among the 190 countries in the world bank’s ease of doing business list. The rank of India has seen a sharp rise in the last few years because of the continues efforts of the Narendra Modi lead – National Democratic Alliance (NDA) Government along with the partnership of Ministry of […]
In line with its circular dated March 24, 2020, the Ministry of Corporate Affairs (‘MCA’) has introduced Companies Fresh Start Scheme, 2020 (‘CFSS, 2020’) vide circular no. 12/2020 under Section 460 of the Companies Act, 2013 (Act) read with Section 403. This initiative by MCA comes in line with its circular dated March 24, 2020. Intent […]
When is not feasible to call Board Meeting and approval of Directors is required on an urgent basis. In such cases, resolution can be passed through Circulation. As per Section 175 of the Companies Act, 2013 read with Rule 5 of Companies (Meeting of the Board and its Powers) Rules, 2016 and Secretarial Standards-1 issued by the Institute of Company Secretaries of […]
Related Party Transactions under Companies Act, 2013 and SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 RELATED PARTY TRANSACTIONS Related Party Transactions shall be entered into by the Companies after considering the following provisions. 1. Companies Act, 2013 read with the Rules thereunder 2. Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) […]
