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Archive: 16 October 2020

Posts in 16 October 2020

Non-utilization of share premium according to section 78(2) of Companies Act could not be taxed under Income Tax Act

October 16, 2020 5403 Views 0 comment Print

ITO Vs New Era Advisors P. Ltd. (ITAT Mumbai) Conclusion: Even if amount received in form of huge share premium was not utilized for the purpose of  section 78(2) of the Companies Act, 1956, the same would not have any relevance for the purpose of Income Tax Act, 1961. Further, while the utilization of premium […]

Transfer of Land as Capital Contribution & Stamp Duty issues thereon

October 16, 2020 62919 Views 5 comments Print

There are following two issues arise when a partner transfers a land as a capital contribution to the partnership firm Question 1. Whether transfer of Land from Partners to Partnership firm will amount to ‘Transfer’ for the purpose of capital gain and if it is a transfer then what will be the full value of […]

Looking around statutory prescription involved in acquiring assets of a striked off company

October 16, 2020 1761 Views 1 comment Print

Looking around statutory prescription involved in acquiring assets of a striked off company Acquiring units/undertakings/assets of a defunct or striked off company, can be economically viable for any person who is interested in expanding within a particular venture or entering into a new venture. But a certain level of forethought, might be required before acquiring […]

Highlights of various notifications issued by CBIC on 15.10.2020

October 16, 2020 2451 Views 0 comment Print

A flurry of notifications hasbeen issued by the CBIC yesterday on various aspects from return filing to HSN code requirement. A brief summary of them all is as below: Notification No. 74/2020 –Central Tax: The registered persons having aggregate turnover of up to 1.5 crore rupees in the preceding financial year or the current financial […]

Family Arrangement Overview

October 16, 2020 35415 Views 0 comment Print

Meaning of Family Settlement/Arrangement In the case of Sk Satter Sk. Mohd. Choudhary. Gundappa Amabadas Bukate, AIR 1997 SC 998, the Apex Court relying upon the definition of Family Arrangement in Halsbury’s Laws of England held that a family arrangement is intended to be generally and reasonably for the benefit of the family either by compromising doubtful […]

Taking of ITC in case of Renting Property – With Immediate Actions Required

October 16, 2020 102759 Views 6 comments Print

What is the position of ITC 1. when a new building is being constructed for purpose of letting it out 2. Repairs & renovations are done on an existing building 3. Is there any other suggestion you could give so that ITC on all the above items used in a building could be claimed against rental income

Insurance Companies- Section 14A disallowance unjustified

October 16, 2020 1233 Views 0 comment Print

Oriental Insurance Co. Ltd. Vs DCIT (ITAT Delhi) The Tribunal has interpreted Section 44 read with the first schedule and concluded that applicability of Section 14A is excluded in relation to computation of income of an insurance company. We have examined the relevant provisions. Section 44 begins with a non-obstante clause and overrides the other […]

Director Remuneration- Not a Related Party Transaction

October 16, 2020 38805 Views 2 comments Print

This brief article is aimed at addressing an oft cited query in the professional circles regarding the interpretation of the Companies Act, 2013 (‘the Act’) about whether there is a need and requirement of treating directors’ remuneration as a Related Party Transaction (‘RPT’). The Act, in Section 188, Chapter XII Meetings of Board and its […]

Capitalization of Accumulated Profit by way of issuing Bonus Shares

October 16, 2020 27609 Views 1 comment Print

Companies Act, 2013: Capitalization of Profits’ denotes the process of conversion of accumulated profits or reserves of a company into capital by means of a share issue. This share issue is called as bonus issue, capitalization or free issue. It involves the issue of new shares to existing shareholders by converting the accumulated profits or […]

Income Tax Saving Guide

October 16, 2020 7119 Views 2 comments Print

Most of us are not aware about the tax saving scheme people are not aware what all options are available where investment can be done. This article will let you know the options available for an individual where they can invest & also save their taxes. EQUITY LINKED SAVING SCHEME  (E.L.S.S) E.L.S.S are notified Tax […]

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