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Archive: 15 August 2020

Posts in 15 August 2020

Section 41(1) Not Applicable to Loan Waiver related to Capital Asset Purchase

August 15, 2020 2925 Views 0 comment Print

The issue under consideration is whether Section 41(1) is applicable in case of waiver of liability incurred in respect of purchase of capital asset?

Section 143(2) Notice in Dead Person Name is unsustainable in Law

August 15, 2020 4203 Views 0 comment Print

Sumit Balkrishna Gupta Vs ACIT (Bombay High Court) The issue under consideration is whether the issuing of a notice u/s 143(2) in the name of the wrong person is sustainable in law? High Court states that it is a fact that the petitioner had filed return for the assessment year 2016-17 in the name of […]

Section 153C Order invalid if AO failed to Record Satisfaction Note

August 15, 2020 2694 Views 0 comment Print

The issue under consideration is whether the assessment order passed by the assessing officer under section 153C is bad in law and void ab-initio?

Udyam Registration – Clarification on Existing EM Part-II/Uam

August 15, 2020 8109 Views 2 comments Print

The government has received some representations after its Notification dated 26/06/2020 regarding criteria for the classification of MSMEs and their registration in the new Udyam Portal. Therefore, Union Ministry of Micro, Small, and Medium Enterprises (MSME) issues a clarification on existing Entrepreneurs Memorandum (EM) PART-II/ Udyog Aadhar Memorandum (UAM), vide Office Memorandum Dated 06/08/2020. You […]

Annual Return Provisions| Section 92 | Companies act 2013

August 15, 2020 8418 Views 0 comment Print

Article explains What is an Annual Return under Section 92 of Companies act 2013, What are the contents of Annual Return, Who can Sign and Certify Annual Return, Provisions related to Section 92(4) Filing of Annual Return with ROC and also explains about Extract of Annual Return in FORM MGT 9. 1. What is an […]

Reclassification of Promoters & Promoter Group Shareholders

August 15, 2020 14055 Views 1 comment Print

Reclassification of Promoters and Promoter Group Shareholders: SEBI has issued SEBI (Listing Obligations and Disclosures Requirements) Regulations, 2015 (“SEBI LODR Regulations”) on September 2, 2015. In that Regulations, Regulation 31A defines the shareholders reclassification from the promoter’s category to public category or vice versa with execution of open offer. Regulation 31A of SEBI LODR Regulation define shareholder […]

Depreciation eligible on Goodwill Resulting from Acquisition of Business Unit

August 15, 2020 1272 Views 0 comment Print

DCIT Vs DHL Logistics Pvt. Ltd. (ITAT Mumbai) The issue under consideration is whether assessee is eligible for Depreciation on Goodwill resulting from acquisition of business unit? ITAT states that the issue as regards the entitlement of the assesses towards claim of depreciation on intangible (i.e goodwill) is squarely covered by the orders of the […]

Expenditure on Hotel Rooms Renovation & Redecoration is Revenue Expense

August 15, 2020 5400 Views 0 comment Print

The issue under consideration is whether the expenditure incurred in renovation and redecoration of rooms in a hotel is a revenue expenditure or capital expenditure?

No expense disallowance based on mere Reduction in Revenue sharing

August 15, 2020 927 Views 0 comment Print

whether disallowance of the expenses only on the basis that there was reduction in the sharing of the revenue in comparison to the earlier years is justified in law?

GST – Comparison of Indian Regime with Other Countries

August 15, 2020 12888 Views 2 comments Print

GOODS AND SERVICES TAX IN INDIA: FOLLOWING THE OLD ROAD OR PAVING A NEW PATH? A Comparison Of Indian Regime With Other Countries Goods and Services Tax, abbreviated as the GST is an ambitious tax system implemented by the Government of India. It came into effect on 1st July 2017 but its genesis can be […]

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