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Archive: 09 September 2020

Posts in 09 September 2020

Significant Beneficial Ownership (Part 2 of 3)

September 9, 2020 20172 Views 6 comments Print

Rule 3(2) of SBO Rules provide that every individual, who subsequently becomes a SBO, or where his significant beneficial ownership undergoes any change shall file a declaration in Form No. BEN-1 to the Reporting Company, within thirty days of acquiring such significant beneficial ownership or any change therein.

Significant Beneficial Ownership (Part 1 of 3)

September 9, 2020 64242 Views 2 comments Print

The concept of Significant Beneficial Ownership brought by the Ministry of Corporate Affairs (MCA) to identify those individuals who indirectly control or exercise significant shareholding in the Company through layers of artificial entities like Company’s or LLP’s.

Pathetic work on scrutiny of GST returns

September 9, 2020 1560 Views 0 comment Print

As of now, more than 3 months have been passed and number of returns scrutinised by your superintendents are hopeless. Incidences have also come to my notice where the officers were making nuisance excuses to avoid the work. Now it’s time to fix all such useless elements.

GST: Section 67(6) application can be preferred only after appeal filing

September 9, 2020 2184 Views 0 comment Print

Jay Goa Traders Vs. State of Gujarat (Gujrat High Court) High Court held that application u/s 67(6) CGST Act, 2017  could have been preferred only after filing of the appeal under Section 107 of the Act. Be that as it may, if an appeal is filed, the authority concerned shall immediately take up the application […]

Article 226 cannot be invoked to challenge order passed by NCLT

September 9, 2020 35475 Views 0 comment Print

Sulochana Gupta Vs RBG Enterprises Pvt. Ltd. (Kerala High Court) Writ petition filed under Article 226 of the Constitution of India, can be for the enforcement of fundamental rights or for any other purpose, as envisaged under Article 226 of the Constitution. There is no pleadings or materials to substantiate that the appellants are discharging […]

ITR-V, -Time Limit to submit & what if not submitted in time

September 9, 2020 88376 Views 27 comments Print

What is an ITR-V? ITR-V stands for ‘Income Tax Return – Verification’ form. This form is received when you e-file without using a digital signature. Income Tax Department needs to verify the authenticity of income tax return when filed online without using a digital signature. On receipt of ITR-V you have to sign the copy and submit to the Income Tax Department to complete the filing process.

Double Tax Avoidance Agreements & Taxation

September 9, 2020 201716 Views 11 comments Print

The Double Tax Avoidance Agreement (DTAA) is essentially a bilateral agreement entered into between two countries. The basic objective is to promote and foster economic trade and investment between two Countries by avoiding double taxation.

Best Judgment Assessment – A Critical Analysis

September 9, 2020 94382 Views 2 comments Print

The definition of assessment has not been provided with the IT Act4, but a perusal of the term within the scope of the Act makes it obvious that it implies an investigation and ascertainment of the correctness of the returns and accounts filed by the Assessee. Essentially the assessment would evidently mean determination of the quantum of taxable turnover and also the quantum of taxable amount payable by the tax payer5. This assessment is made on the basis of returns and accounts furnished by an Assessee in support thereof but on an estimate made by the assessing authority which may, of course, be based inter alia on the accounts and documents furnished by the Assessee6.

All about Preparation of e-TDS/TCS Return

September 9, 2020 84755 Views 0 comment Print

Is the Challan Identification Number compulsory? Is PAN mandatory for deductors and employees/deductees? I am a deductor having more than one office/branch, do I file separate e-TDS/TCS returns for each office/branch or can I file a consolidated return for all offices/branches? Can I quote the same TAN for filing e-TDS/TCS returns for each branch? What is ‘Bank Branch Code’? Where do I get it from?

Income Tax Return – Who can verify and sign?

September 9, 2020 50869 Views 3 comments Print

The individual filing his Income Tax Return has to sign the return. In case the individual is mentally incapable, then the return may be signed by his Guardian or by any other person competent to act on his behalf. In case the individual is absent from India or because of any other reason he is not able to sign and verify his return of income, then any person duly empowered by him through valid Power of Attorney may sign on his behalf. In such a case, a certified copy of the Power of Attorney must accompany the return.

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