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Archive: 20 May 2020

Posts in 20 May 2020

Section 269SU not applicable to specified person having only B2B transactions

May 20, 2020 8076 Views 1 comment Print

It is hereby clarified that the provisions of section 269SU of the Act shall not he applicable to a specified person having only B2B transactions (i.e. no transaction with retail customer/consumer) if at least 95% of aggregate of all amounts received during the previous year, including amount received for sales, turnover or gross receipts, are by other than cash.

Nature of transaction depend upon facts & circumstances of case & not merely on rules or principle 

May 20, 2020 3120 Views 0 comment Print

Haresh Khiamal Nanwani Vs ACIT (ITAT Mumbai) The issue under consideration is whether ACIT is correct in treating the sale of investments in immovable properties as a business activity rather than considering it as capital gains, in spite of the appellant holding the flats for more than 36 months. Assessee state that, he had shown […]

Key takeaways on determination of residential status of an individual as per finance act, 2020

May 20, 2020 2286 Views 0 comment Print

The author has made an attempt to discuss each amendment made under section 6 of the Act in a tabular format, so that it is easy for the readers to understand the difference between the provisions as per the erstwhile law, the provisions proposed by the Finance Bill, 2020 and the amended law as mentioned in Finance Act, 2020:

Suit can’t be rejected outrightly u/s 4(3) of unamended Benami Act

May 20, 2020 2661 Views 0 comment Print

Suit ought not to have been rejected outright under Order VII Rule 11 CPC on the ground that the pleas taken by the appellants/plaintiffs were barred under Section 4(3) of the unamended Benami Act. It would therefore be imperative to weigh the evidence in the instant case for the court to conclusively decide as to whether the appellants/plaintiffs can succeed in their claim that the respondent No.1 was holding the suit premises in a fiduciary capacity, for the benefit of all the family members. 

Principle governing identification of comparable transactions would be same, irrespective of TP method

May 20, 2020 1188 Views 0 comment Print

Comparison of activities undertaken /functions performed was important for determining the comparability between controlled and uncontrolled transactions/entity.

Passing ex-parte order without discussing merit of case is not justified in law

May 20, 2020 6729 Views 0 comment Print

Bimla Devi D/o. Shri Phool Chand Vs ITO (ITAT Delhi) The issue under consideration is whether the ex-parte order passed by CIT(A) without discussing merit of the case is justified in law? ITAT studied the matter and state that it is pertinent to note that the CIT(A) has passed ex-parte order and dismissed the appeal […]

CBDT issues important directives on Safe Harbour Rules

May 20, 2020 11409 Views 1 comment Print

The CBDT has issued Notification No. 25 of 2020 dated 20 May 2020, wherein it has notified the year of applicability of the ‘Safe Harbour Rules for International Transactions’ (SHR) for Assessment Year (AY) 2020-21, as the existing rules were applicable only up to AY 2019-20. The said notification are applicable from 1 April 2020. […]

Nomination & Remuneration Committee | Companies Act 2013

May 20, 2020 23187 Views 0 comment Print

This Nomination and Remuneration Policy is being formulated in compliance with Section 178 of the Companies Act, 2013 read along with the applicable rules thereto as amended from time to time. This policy on nomination and remuneration of Directors, Key Managerial Personnel and Senior Management has been formulated by the Nomination and Remuneration Committee (NRC […]

All about Managing Director under Companies Act, 2013

May 20, 2020 61347 Views 1 comment Print

Managing Director Section 2(54) of the Companies Act, 2013, defines Managing Director. ‘managing director’ means a director who by virtue of the articles of a company or an agreement with the company or a resolution passed in its general meeting, or by its Board of Directors, is entrusted with substantial powers of management of the […]

Buyback of Shares under Section 68 of Companies Act, 2013

May 20, 2020 174846 Views 7 comments Print

-Section 68 of the Companies Act, 2013 empowers a company to purchase its own shares or other securities in certain cases. -Sections 68 to 70 of the Companies Act, 2013 and Rule 17 of the Companies (Share Capital and Debentures) Rules, 2014 deal with buy-back of shares. 1. Sources of Buy-Back: A company may purchase […]

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