"08 May 2020" Archive

Agricultural Produce Under GST Regime

Here we try to focuses on taxability in relation to agricultural produce & classification of goods under the definition of agriculture produce, in accordance with notifications, circulars, advance rulings (AAR under GST) & ruling from Apex Courts & High Courts in the erstwhile provision of Service Tax law and the provision has been incorp...

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Reverse charge Mechanism (RCM) in GST- Goods & Services

In this article I am going to discuss the following issues regarding RCM under GST- Introduction of RCM, Need and purpose of RCM under GST, Statutory provisions relating to GST, Notification issued by the government regarding RCM under GST, Goods and services notified in RCM and Some important/recent decisions on RCM by the various author...

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ITC under GST- Conditions, Eligibility, Eligible / Ineligible ITC

Article explains Meaning of ‘Input Tax & Input Tax Credit under GST, Eligibility of Input Tax Credit (ITC) under GST, Documents/Conditions for taking ITC, List of Eligible ITC under GST, Zero-rated / Exports, List of Ineligible ITC under GST, Claim of ITC as self-assessed, Matching of ITC, Furnishing of ITC, both eligible and inelig...

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Detailed analysis on E-Way Bill

E Way Bill is Mandatory in a case where the goods are being sent by a Principal located in one state to a Job worker located in any other state, the E Way Bill shall be generated by the principal irrespective of the value of the Consignment....

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An In-Depth Study of Supply in GST

GST in India has been implemented since 1st July, 2017. So, within a period of almost three years we are mostly accustomed with the provisions of GST Laws. This article is intended to analyse the basic principle of Levy of GST i.e the Supply. In every taxation statutes, Levy & Collection of tax is the […]...

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TRAN-1 | Vested right cannot be taken away on directory provisions

This is in reference to recent Delhi High Court ruling in the writ petitions filed before the court on the issue related to filing issues of Form Tran-1 by various petitioners. The below petitions covered in the said ruling are as follows:- √ Brand Equity Treaties Ltd   (WP (C) No.11040/2018) √ Mircromax Informatics Ltd (WP [&hellip...

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Summary of GST notifications dated 05th May 2020 issued by CBIC

1. Registered person registered under the provisions of the Companies Act, 2013 (18 of 2013) shall, also be allowed to furnish the return under section 39 in FORM GSTR-3B verified through EVC during the period from the 21st day of April, 2020 to the 30th day of June, 2020 I.E  THERE IS  NO NEED OF […]...

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Changes in Tax Rates of Domestic Companies for F.Y. 2019-20

Changes in Tax Rates of Domestic Companies for the Assessment Year (A.Y 2020-21) / Financial Year (F.Y) 2019-20 vide Sections 115BAA & Section 115BAB -Inserted vide Finance Act, 2019 New Sections 115BAA & section 115BAB which got introduced by Finance Act, 2019 has eliminated the concept of MAT under section 115JB for the Domestic...

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Taxability of Gifts – Some Interesting Issues

Article explains  Taxability of gift to minor, Taxability of gift to uncle by nephew, Whether gifts received from friends and relatives on the occasion of daughter’s marriage are exempt, Taxability of Gift of Car, Whether interest free loans can be charged to tax as sum of money received without consideration, Taxability of Gift from M...

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Abolition of DDT and Its Impact

Vide the Finance Act, 2020 the government has finally heard the cries of these companies by re-introducing the conventional system of taxation of dividend. At the same time, we should not be forgetful of the reason behind introducing the DDT system. The administrative defunct and the long process against the simplistic procedure under the...

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Income Tax related Suggestive Relief Measures during Covid 19

The world has been caught in a tornado named Covid 19 Corona Virus which has taken everyone by surprise…!! In my humble submission, I want to highlight few measures / reliefs which would be demanded and required to run the businesses smoothly in future. I am enlisting a quick reference points without going into detailed […]...

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Section 10(35) Exemption towards income received from units

The provisions of section 10(35) of the Income Tax Act exempts income received from the specified units. The exemption provisions of section 10(35) are taken up and explained in the current article. Exemption provisions of section 10(35) of Income Tax Act– The provisions of section 10(35) offer exemption towards the following- 1. An...

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Section 10(37) Exemption towards Capital Gain arising on Compulsory Acquisition of Urban Agricultural Land

Section 10(37) Exemption Towards Capital Gain Arising on Compulsory Acquisition of Urban Agricultural Land Provisions of section 10(37) of the Income Tax Act lays down certain conditions which need to be satisfied in order to avail exemption towards capital gain arising on account of compulsory acquisition of an urban agricultural land. T...

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Section 194H: TDS on Commission and Brokerage – FAQs

Any person, (other than individual or a Hindu undivided family) who is responsible for paying, to a resident, any income by way of commission (not being insurance commission referred to in section 194D) or brokerage, shall, deduct income-tax thereon....

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Capital Gain or Business Income – Practical Issues with case laws

When does income be taxed as Capital gain or Business income? When the transaction involves transfer of capital asset then that will constitute capital gain, whereas transaction which is entered into normal course of business shall constitute business income. Some Practical Issues Issue – 1 Where agreement for construction of hostel...

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Taxation of Cooperative Societies under Direct & Indirect Tax

U/s 2(19) of the Income Tax Act 1961, ‘cooperative society’ means a cooperative society registered under the Cooperative Societies Act, 1912 (2 of 1912), or under any other law for the time being in force in any State for the registration of the cooperative societies....

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Form 15CA and Form 15CB when remittance is not taxable

Form 15CA is a Declaration of Remitter and is used as a tool for collecting information in respect of payments which are chargeable to tax in the hands of recipient non-resident. This is starting of an effective Information Processing System which may be utilized by the Income tax Department to independently track the foreign remittances ...

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FAQs on TDS on Rent U/s. 194-I of Income tax Act, 1961

Section 194I was inserted vide the Finance Act, 1994. The present article covers the important Frequently Asked Questioned regarding section 194-I of the Income Tax Act, 1961, which deals with the provisions of TDS on Rent. Q.1 Who is liable to deduct TDS on Rent under Section 194I of Income tax Act, 1961? A.1. Any […]...

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Indian Trust -Sec-2(15) –Is it really a boon for Public Charitable Trusts?

The Charitable institutions play important supplementary role, apart from Govt of India/States social welfare depts., in uplifting the poor from poor economic conditions to and try to shield them from starvation. ...

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Income Tax on Political Parties, Electoral Trusts, Electoral Bonds 

Political Parties, Electoral Trusts, Electoral Bonds and deductions/ Exemptions under the Income Tax Act, 1961 Political Parties and Election campaigns are an integral part of Indian democratic system. Let’s discuss in detail about the meaning, sources of income, taxability, exemptions and deductions to political parties, electoral ...

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TDS rate Changes vide Finance Act 2020

In Budget 2020, Government has made various amendment either changes in existing TDS/TCS Rates or addendum new TDS/TCS Rates, A.Y 2021-22 TDS Rates  Chart (Specific to Changes in Budget) Changes in Existing Rate Sr.No Nature of Payment Section Limit          TDS Rate for         Ind. and HUF Other than Ind. and HUF If [&hell...

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SC directs income tax dept to refund Rs. 733 Crores to Vodafone

Supreme Court has directed the income tax department to refund an amount of Rs.733 Crores to Vodafone within four weeks A two-judge bench of the Supreme Court has directed the income tax department to refund an amount of Rs.733 Crores to Vodafone within four weeks subjected to any proceedings that the Revenue may deem appropriate [&hellip...

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Detention, seizure & release of goods & conveyances in transit under GST

Section 129 CGST ACT, 2017 Detention, seizure and release of goods and conveyances in transit (1) Notwithstanding anything contained in this Act, where any person transports any goods or stores any goods while they are in transit in contravention of the provisions of this Act or the rules made thereunder, all such goods and conveyance [&h...

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MCA Compliance Calendar for Year 2020-21 for Companies & LLP

MCA Compliance Calendar for the Year 2020-2021 For Private Limited Companies, Public Limited Companies & For Limited Liability Partnerships (LLPs) containing  charts for Half Yearly Compliances of Private & Public Limited Companies, Yearly Compliances of Private & Public Limited Companies, Compliances to Newly Incorporated Co...

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Preferential Allotment & its Procedure under Companies Act, 2013

As per my last article on the topic of fund raising by company, in which I discussed various methods or ways in which a company can raise funds, we will discuss one the most prevalent way of raising fund i.e. through preferential allotment of securities under the Companies Act, 2013. We all are already aware […]...

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DIR 3 KYC Form | Updation of Director KYC on MCA for FY 19-20

Director identification number (DIN) refers to a unique identification number of 8 digits allotted to an individual who is willing to become a director or is an existing director of a company. MCA vide amendment of Companies (Appointment and Qualification of Directors) Rules, 2014 came with a new initiative of updation of KYC of directors...

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Annual general meaning through video conferencing

MCA vide circular dated 05th May, 2020 allowed the Companies to conduct their AGM through video conferencing during the calendar year 2020 (up to 31st December, 2020), subject to the fulfillment of the following requirements: A. For companies which are required to provide the facility of e-voting under the Act, or any other company which ...

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Conducting EGM through VC and OAVM

Conducting General Meetings through Video Conferencing (VC) or Other Audio Visual Means (OAVM) – MCA General Circular No. 14/2020 dated 08.04.2020 Background We all are aware that there is no provision under the Companies Act, 2013 (“the Act”) regarding holding of General Meetings through Video Conferencing (VC) or Other Audio V...

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Incorporation and Post Incorporation Compliance in Section 8 Company

Section 8 Company Section 8 Company is a legal entity that promotes commerce, art, science, sports, education, research, social welfare, religion, charity, environmental protection, and the likes of it. Though similar to Trusts or Societies, a Section 8 Company is registered under the Ministry of Corporate Affairs for charitable / not-for...

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AGM/EGM through Video Conference or OAVM

Current situation created due to COVID-19 doesn’t allow stepping out and public gathering; therefore MCA has allowed conducting shareholders’ Meeting (AGM and EGM) through VC or OAVM....

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COVID 19 Impact On Newspaper Industry

FACTS ABOUT INDIAN NEWSPAPER INDUSTRY – The first newspaper in the country was started in 1780 by the British and was known as Hicky’s Bengal Gazette. 1. From a little over 200 dailies published in the post-independence India, to over 100,000 registered newspapers and periodicals as of 2015, the print media in India has matured [&...

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Impact of COVID-19 on Global & National Economy

This Covid-19 pandemic has caused havoc not only nationally but internationally as well. Initially it was not in deep thoughts that India will be having any likely effect from the pandemic which was then impacting only the foreign directives. In other words the world economies will also have an impact upon Indian economy. To begin [&helli...

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Drafting An Effecting Arbitration Agreement

INTRODUCTION – ALTERNATIVE DISPUTE RESOLUTION MECHANISM The Indian judicial system is known for its heavy burden, long years of litigation which is the reason, alternative dispute resolution mechanisms have been put into place to resolve disputes speedily and arrive at a settled situation for parties under a commercial understanding. Ar...

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100 Crores Corpus Earmarked For Scholarship To CA Students

A Corpus fund of Rs.100 crore has been created and earmarked by ICAI to provide scholarships for the students who are pursuing Chartered Accountancy Course and increase the beneficiaries gradually....

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Precautions to be taken while filing a trademark application

Most of the Trademark applicant’s end up losing their money, spent on trademark application and professional fee. They also tend to lose something more important than money i.e. their Precious time and Hope. A normal process of a Trademark registration approximately lies between one month to two years. Filing of a Trademark application ...

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Pre-Packaged Deals In IBC

PRELUDE  Since the start of the year 2019, the Government of India has been planning to introduce the concept of Pre-Package Insolvency Schemes in the Indian Insolvency & Bankruptcy Code (IBC). Now due to COVID-19, the businesses all over the country have faced the worst hit since the global economic slowdown of 2008-2009 and it [&he...

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Suspension of Insolvency & Bankruptcy Code Provisions – Boon or Bane?

Recently the Government of India through the Ministry of Finance has announced that the Insolvency & Bankruptcy Code (IBC) proceedings under Section 7, 9 and 10 would be suspended for a period of 6 months and no new proceedings can be filed under these Sections. A new Section 10A is expected to be inserted in the IBC which will bring the ...

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Thumb Rule of Personal Financial Planning

These are general suggestions, personal Finance, and investment decisions depend upon case to case: 1. 30% of your income must be used for monthly living expenses. 2. 30% of your income must be used for Liabilities repayments if any. 3. 30% of your income must be SAVED and INVESTED for your future LIVING. 4. 10% […]...

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Extension of Limitation Period in Arbitration

INTRODUCTION – SECTION 29A OF THE ARBITRATION & CONCILIATION ACT, 1996 Section 29A of the Arbitration & Conciliation Act, 1996 was amended vide Arbitration & Conciliation (Amendment) Act, 2015 w.e.f. 23.10.2015 to set ‘Time Limit for arbitral award’ wherein it was stated that an award shall be rendered within twe...

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Covid-19- Going Concern, Financial reporting by M&E sector, Regulatory stimulus

Going Concern: Considering the current pandemic situation, it has become imperative to analyze the going assumption of an entity. The evaluation shall involve five areas as specified below: MANAGEMENT’S ASSESSMENT DISCLOSURE REQUIREMENTS Identification of principal risks and uncertainties i.e. liquidity and solvency risk Significant jud...

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Analysis of SEIS for Services Exporter Foreign Trade Policy

Analysis of Service Export from India Scheme (SEIS) for Services Exporter Foreign Trade Policy In order to encourage exports, the government provides certain benefits in the form of Incentives, etc. to exporters. One such Incentive scheme is SEIS, which is relevant for Service Exporters. Under this scheme service exporters receives certai...

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Corona Virus: A Breeding Ground for Hostile Takeovers in India

A hostile takeover takes place when a company acquires another company by direct interaction with the shareholders or by making an attempt to replace the management of the company in order to take over it. The takeover bidding takes place when the acquirer makes efforts to take control of the target company without any prior approval or d...

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Exceptions to Infringement under Copyright Act, 1957 & Doctrine of Fair Dealing

Article explains What is Copyright Infringement, What is Exception to Copyright Infringement,  Doctrine of Fair Dealing and In which particular Benchmark Judgement was Fair Dealing included. What is Copyright Infringement? Copyright infringement refers to the unauthorized use of someone’s copyrighted work. Thus, it is the use of someo...

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How NBFC’s help Small Business Expansion

The Non-Banking Financial sectors in India have gone through major growths over the last few decades. Their contribution and their ways of evolving out from a small banking sector to innovative strata has been the best thing for the economy of India. They have provided financial inclusions and lower business loan interest rate in the [&he...

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IBC Clarifications on GST procedures

On 23 March 2020 the CBIC issued some clarifications regarding the Goods and Services Tax (GST) compliances needed to be adhered to by the corporate debtors (CD) undergoing Corporate Insolvency Resolution Process (CIRP). Prescribing special procedures under Section 148 of the Central Goods and Services Act, 2017 (CGST Act) for such CDs, t...

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Insight on Conversion of A Company Into LLP

LLPs have gained its importance since the introduction of Companies Act 2013. The LLP is a separate legal entity, liable to the full extent of its assets but the liability of the partners is limited to their agreed contribution in the LLP. A limited liability partnership (LLP) is a partnership in which some or all […]...

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Role of Resolution Professional / Liquidator in respect of Avoidance Transactions

Facilitation/001/2020 (08/05/2020)

Sections 25 and 35 of the Insolvency and Bankruptcy Code, 2016 (Code) enumerate the duties of a Resolution Professional (RP) and a Liquidator, respectively. These duties include certain actions in respect of avoidance transactions (preferential transactions, undervalued transactions, extortionate transactions, and fraudulent trading)....

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Reg. Anti-dumping duty imposed on imports of PTFE

Termination Notification No. F. No. 07/07/2020-DGTR / Case No. AC-01/2020 (08/05/2020)

Termination of Anti-Circumvention investigation concerning alleged circumvention of anti-dumping duty imposed on the imports of Polytetrafluoroethylene (PTFE) originating in or exported from Russia by imports of Polytetrafluoroethylene (PTFE) exported from Korea RP....

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Request for Amendments & Waiver of Late Fee Charges in Bills of Entry

Public Notices No. 65/2020-JNCH (08/05/2020)

Review of Data of last one month has demonstrated that this facility has been used extensively by the Trade and, has been proved to be very successful measure in reducing human contact in the Customs process during this COVID crisis. Review has also revealed that these email requests have been attended and the issues resolved in a reasona...

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Clarification with respect to submission of PSIC–reg

Public Notices No. 64/2020-JNCH (08/05/2020)

The Import policy of metallic scrap and waste requires importers to furnish Pre- shipment Inspection Certificate (PSIC) for customs clearance of metal scrap and waste imports in accordance with the conditions laid out in Para 2.54 of Handbook of Procedures, 2015-2020. It has come to the notice of DGFT that importers have been finding it d...

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FM launches INR- USD Futures & Options contracts in International Exchanges at GIFT-IFSC

Union Minister for Finance & Corporate Affairs Smt. Nirmala Sitaraman launched INR-USD Futures and Options contracts on the two International Exchanges, viz BSE’s India INX and NSE’s NSE-IFSC, at GIFT International Financial Services Centre at Gandhinagar today through video conference....

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Charges Under Companies Act, 2013 Since 02.11.2018

Charge Under Companies Act, 2013 Charge specially gives security and empower the charge holder that in case the Company makes a default for the repayment of the loan than chargeholder can get the claim amount from the security which was charged by the Company in favour of the charge holder. Filing of Charge is necessary […]...

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CBDT notifies Shri Ram Janmabhoomi Teerth Kshetra U/s. 80G(2)(b)

Notification No. 24/2020-Income Tax [S.O. 1434(E)] (08/05/2020)

CBDT notifies SHRI RAM JANMABHOOMI TEERTH KSHETRA to be place of historic importance and a place of public worship of renown for the purposes of section 80G(2)(b) from the year F.Y. 2020-2021, relevant to the Assessment Year 2021-2022....

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Clarification in respect of residency – section 6 of Income-tax Act, 1961​

Circular No. 11/2020-Income Tax / Release ID: 1622386 dated 09/05/2020 (08/05/2020)

CBDT issues Circular No. 11 of 2020 and excluded period of forced stay in India from 22nd March, 2020 to 31st March, 2020 in computation of residential status in India for Financial Year 2019-20. Circular No. 11 of 2020 F. No. 370142/18/2020-TPI, Government of India Ministry of Finance Department of Revenue Central Board of Direct [&helli...

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Integrating GST Composition Scheme & Presumptive basis of Income Tax

Composition scheme is an option available to SME taxpayers with minimal compliance/filing requirement. The intent is to ease the process of doing business for SME taxpayers and reduce their undue harassment. The idea of this article is to provide the reader with complete insight of these schemes. The article is drafted primarily with GST ...

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AGM through Video Conference facility for 2020

Conducting Annual General Meeting (AGM) by companies through Video Conferencing (VC) or Other Audio Visual Means (OAVM) MCA General Circular No. 20/2020 dated May 05, 2020 On April 08, 2020, Ministry of Corporate Affairs (MCA) had issued a General Circular No. 14/2020  (Circular-1) for passing of resolutions of members in the Extra Ordin...

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Gold Prices Skyrocketing-A Brief Analysis

Before we start understanding why gold prices are rising let’s have a quick look at the facts about the Gold in India, -India in the past had the glory of being called GOLDEN BIRD (Sone ki Chiddiya) -Rate of gold at the time of Independence Year 1949 and as on Year 2020 Year Rate/10Gms (in […]...

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Income Tax Slabs for Salaried Individuals & HUF For FY 2020-21

This article unwinds the features of the new tax structure,compares the new tax scheme v/s the old to provide you with relief from the dilemma. The tax regime to choose to pay the minimum tax will depend upon individuals and is purely based on income and investments made by the taxpayer....

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Conducting Annual General meeting through Video Conferencing

CLARIFICATION ON HOLDING ANNUAL GENERAL MEETING (AGM) THROUGH VIDEO CONFERENCING (VC) OR OTHER AUDIO VISUAL MEANS (OAVM) Ministry of Corporate Affairs has taken several measures to help the Companies. It has made some of the provisions of the law flexible to ensure the Compliance of law even in this Pandemic. Now the clarification given b...

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Limitation In Case of Equitable Mortgage Under IBC

NCLAT declined to accept the stand of the Financial Creditor that, Article 62 of the Limitation Act, will be applicable for counting limitation under Section 7 of the IBC and further held that only Article 137 of the Limitation will be applicable on the Application under Section 7, 9 and 10 of the IBC....

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CBIC clarifies on GST Law implementation- Covid-19 Outbreak

On 6th of May 2020, CBIC has issued Circular No 138/08/2020-GST clarifying certain challenges being faced by the Registered  Persons in implementation of GST Laws in the wake of outbreak of Covid-19. The Circular clarifies issues related to The Insolvency and Bankruptcy Code, 2016, Merchant Exports and Job Work Return in Form GST ITC –...

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What you can do on this Mother’s Day for Your Mother to make it Special Financially

Since mother’s day is falling on 10th of May, I thought I would discuss certain things which you can do for your mother to make this day special for her from financial perspective. Let us discuss what all you can do to help her. Give her an annual preventative health check up As all the […]...

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Establishment of Branch/ Liaison/Project Office in India by Foreign Entities

Establishment of Branch Office (BO)/ Liaison Office (LO)/ Project Office (PO) in India by Foreign Entities India has largest and fastest developing market in the world and has finest human resource in the world. India is also promoting foreign entity to setup his BO/LO/PO in India. ♦ Branch Office: Brach office can carry same activities...

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Another Opportunity to claim GST TRAN-1 Credit till 30.06.2020

Accordingly, since all the Petitioners have filed or attempted to file Form TRAN-1 within the aforesaid period of three years they shall be entitled to avail the Input Tax Credit accruing to them. They are thus, permitted to file relevant TRAN-1 Form on or before 30.06.2020. Respondents are directed to either open the online portal so as ...

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CARO 2020- A Tool For Better Corporate Governance- Increased Onus On Auditors

CARO 2020 is a contemporary layout for issuance of audit reports in case of statutory audits of companies under Companies Act, 2013. After debates with the National Financial Reporting Authority (NFRA), CARO 2020 has incorporated additional reporting requirements. National Financial Reporting Authority (NFRA) is an independent regul...

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Compliance Cheklist for Private Limited Company

List of mandatory compliance applicable on Private Limited Company: 1. Commencement of Business – INC 20A – Sec10 (A): For Companies Incorporated after 2nd Nov 2018, a declaration to be issued by the directors within 180 days of incorporation. This declaration needs to be filed along with proof of subscription money received b...

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FDI in Startup Companies & Issue of Convertible Notes

Article explains FDI IN STARTUP COMPANIES. It explains General Meaning of Start-up, Legal Meaning of Start-up, Types of Instruments Issued by Start-ups, Convertible Note which can be issued by a start-up. Article further explains conditions to comply for Issue Of Convertible Notes To Person Resident Outside India, Eligible Person For Maki...

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Section 80JJAA 2.0: Old Wine in a New Bottle or New Wine in a New Bottle?

This article makes an attempt to analyse the new provisions of section 80JJAA introduced vide Finance Act 2016 and the issues in implementing the said provisions in practice. Historical Background The erstwhile section 80JJAA of the Income Tax Act 1961 (‘the Act’) was introduced vide Finance Act 1998 (No.2). The said section was intro...

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NBFC Compliance and Return

The Non-Banking Financial Companies (NBFCs) are required to submit various returns to RBI w.r.t their deposit acceptance, prudential norms compliance, ALM etc. in accordance with Master Direction- Non-Banking Financial Company Returns (Reserve Bank) Directions, 2016....

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Loan to Directors | Companies Act 2013 | Section 185

Under Companies Act 2013, Section 185 explains provision related to Loan to directors. Section 185(1) No company shall, directly or indirectly, advance any loan, including any loan represented by a book debt to, or give any guarantee or provide any security in connection with any loan taken by Section 185(2) Section 185(2)– A compan...

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How To Choose Tax Regime | Old Vs New | Individual & HUF

The Finance Minister Nirmala Sitharaman in Union Budget, 2020 introduced new Income Tax regime. In New Income Tax regime, there is an option for individuals and HUF (Hindu Undivided Family) to pay taxes at lower rates. They have to select the Tax regime for the year in the beginning of the Financial Year (FY). Now, many are confused [&...

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Compliance Calendar for Public Companies for FY 2020-2021 under Companies Act, 2013

Table below contains Compliance Calendar for the Public Limited Companies for the financial year (FY) 2020-2021 (April 01, 2020- March 31, 2021) under under Companies Act, 2013 and explains when and which  Company Law Form Needs to be submitted with ROC, Section of  Companies Act, 2013 under which Company Law Form needs to be submitted,...

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