"03 November 2020" Archive

Revocation application under GST in Form GST REG-21

In simple term, revocation means reversal. Under Goods and Services Tax (GST) revocation application in Form GST REG-21 means applying for reversal of cancellation of GST registration. Only the taxable person, whose GST registration is cancelled by the proper officer, can apply for revocation of cancellation of GST registration in Form GS...

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Issue of section 131(1A) notice after conclusion of Income Tax Search & Seizure

Issuance of notice under section 131(1A) of the Income Tax Act, 1961 after conclusion of Income Tax Search and Seizure under section 132 of the Income Tax Act, 1961. Introduction: Ever since the enactment of the original Income-tax statute of 1922, the Income-tax authorities have been vested with certain powers that are coterminous with t...

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Family Owned business In India

Family held and run businesses are the oldest and most prevalent form of business ownership anywhere in the world. Family businesses form the backbone of any country’s prosperity and economy. In India, keeping business ownership within a family is a deeply-rooted practice since ages. India enjoys a rich and glorious history of family-ow...

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Exempted Supply in light of Composite Supply under GST

As a principle exemptions are extended in tax statues to grant relief or ease the burden of consumers keeping in view the interest of general public at large. Thus inclusion of an exempted supply under the tax net by combining the same with a taxable supply under the notion of them being composite supply tends […]...

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Refusal To Transfer Securities & Rectification of Register of Members – Microscopic View

This article has been drafted with a view to explain and amplify the scope and applicability of Section 58 and Section 59 of Companies Act, 2013 dealing with refusal or neglect to transfer or transmission by company and appeal thereof and rectification of register of members. For the proper appreciation of Section 58 and 59, […]...

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National Appellate Authority For Advance Ruling- Under GST

The provision of National Appellate Authority has been created by virtue of Section 104 of the Finance (NO.2) Act, 2019 and in section 95 (a) of the CGST Act,2017 after the words ‘Appellate Authority’, the words ‘or the National Appellate Authority’ has been inserted. The “National Appellate Authority” means th...

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HC Grants Interim Relief to Class A Contractor from Being exposed to Recovery of Tax Demand

Sunil Kumar Agrawal Vs State of Chhattisgarh & Ors. (Chhattisgarh High Court)

Chhattisgarh High Court Grants Interim Relief To Class A Contractor From Being Exposed To Recovery of Tax Demand under the VAT Act and Central Sales Tax Act ....

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Corporate Compliance Calendar for the Month of November 2020

CORPORATE Compliance CALENDAR  covers Compliance under Income Tax act, 1961, Compliance under Goods & Services Act, 2017, Compliance under Other Statutory Laws (PF, ESIC, Under Factories Act, 1948 and Contract Labour Regulation and Abolition Act, 1970 )  and Quarterly Compliances under SEBI (LODR) Regulations 2015....

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CBDT condones delay in filing of Form No. 10BB for AY 2016-17 & subsequent years

Circular No. 19/2020-Income Tax (03/11/2020)

In all the cases of belated applications in filing of Form No. l OBB for years prior to AY. 2018-19, the Commissioners of Income-tax are authorized to admit such applications for condonation of delay u/s 119(2)(b) of the Act. The Commissioner will while entertaining such applications regarding filing Form No. lOBB shall satisfy themselves...

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Scheme for Rebate of State Levies (RoSL)

Circular No. 49/2020-Customs (03/11/2020)

As you are aware, Government had notified the scheme for Rebate of State Levies (RoSL) to mitigate the incidence of State VAT and other State taxes on export of garments and made-ups (falling under Chapters 61, 62 and 63 of AIR schedule of duty drawback). In this regard, Ministry of Textiles (MoT)'s various notifications mentioned in Boar...

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Transfer/ posting of 19 Officers by CBIC wef 3rd November, 2020

Office Order No. 124/2020 (03/11/2020)

Office Order No. 124/2020 With the approval of Competent Authority, the following transfer and posting in the grade of Pr. Chief Commissioner/ Pr. Director General/Chief Commissioner/Director General of Customs & Central Excise, is hereby ordered with immediate effect and until further orders:-...

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ICAI Clarifies on Misleading Admit Card Image Circulated on Social Media

Clarification of Image Circulated on Social Media- ICAI places on record that an Image of Admit Card circulated is misleading & all Admit Cards have ICAI Official Emblem & Sign as Seal of Authenticity. Appropriate Action is being initiated against those spreading Misleading info Source- Tweet by ICAI...

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Creation of Security in issuance of listed debt securities & ‘due diligence’ by debenture trustee(s)

Notification No. SEBI/HO/MIRSD/CRADT/CIR/P/2020/218 (03/11/2020)

Regulation 13 of the DT Regulations stipulates that the debenture trustee shall enter into a written agreement with the Issuer before the debenture trustee agrees to act as debenture trustee in respect of the said issue of debt securities....

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SEBI amends Schemes of Arrangement by Listed Entities

Circulars No. SEBI/HO/CFD/DIL1/CIR/P/2020/215 (03/11/2020)

SEBI Circular No. CFD/DIL3/CIR/2017/21 dated March 10, 2017 has laid down the framework for Schemes of Arrangement by listed entities and relaxation under Rule 19(7) of the Securities Contracts (Regulation) Rules, 1957....

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Exposure Draft of Revised AS 21, Effects of Changes in Foreign Exchange Rates

Exposure Draft of revised AS 21, The Effects of Changes in Foreign Exchange Rates, has been issued by the ASB for comments with the last date being December 3, 2020...

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CBIC notifies Rate of Exchange of Foreign Currencies wef 04.11.2020

Notification No. 104/2020 - Customs (N.T.) (03/11/2020)

CBIC notifies Rate of Exchange of Foreign Currencies against India Rupees wef 4th November, 2020 vide Notification No. 104/2020-Customs (N.T.), Dated: 3rd November, 2020. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) ***** Notification No. 104/2020 – Customs (N.T.) New...

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FAQs on admit cards- CA exams

1. How do I get my admit card? Admit cards in respect of all eligible candidates admitted to the Foundation, Intermediate (IPC), Intermediate, Final and Final-New examination, with their photographs and signatures on them, will be hosted on https://icaiexam.icai.org/ No physical admit cards will be sent to any candidate. Candidates are re...

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Procedure for change of Limited Liability Partnership (LLP) Name

LIMITED LIABILITY PARTNERSHIP: Limited Liability Partnership (LLP) Act came into force for most part, on 31st March, 2009 followed by its Rules on 1st April, 2009. It is hybrid form which incorporates benefits of both partnership and companies. It has the following features: Separate legal entity in the eyes of Law. Cost of incorporatio...

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HC Directed to amend RC & Permit Petitioner to Upload Returns for Past Period to Avail Eligible ITC

Madhav Motors Vs State Tax Officer (Kerala High Court)

The current petition is filed to seek the permission to upload the returns for the past period to avail eligible Input Tax Credit (ITC). direct the respondents to amend the Registration Certificate issued to the petitioner so as to make it valid from 01.07.2017, and permit the petitioner to upload the returns for the past period....

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Weekly GST Communique November 02, 2020

Article highlights/ analyses Important Judgments of the week related to GST, Important Notifications, Circulars etc. of the week relevant to GST, Important Press Releases of the week related to GST, Other Important update related to GST, Important Notifications, Circulars of the week related to Income Tax, Important Press Releases of the ...

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Background Material of Diploma in International Taxation

Background Material of Diploma in International Taxation (2020 – Fifth edition) containing: -International Tax – Transfer Pricing -International Tax – Practice (Part I & II) Tax laws in India are becoming more and more complex. Globalization of economies, signing and review of free trade agreements, increase in the number of...

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Technical Guide on BEPS Action Plans and Multilateral Instrument

Technical Guide on BEPS Action Plans and Multilateral Instrument (MLI) – 2020 – First edition   Considering the issue that profits should be taxed where the economic activities take place and no profit should suffer double taxation, in September 2013, the Finance Ministers of the G20 nations came out with a comprehensive action p...

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NCLT admits plea for insolvency process initiation against personal guarantor

In re Anil Syal (NCLT)

From the report there does not appear any request of the Resolution Professional for issuance of the instructions for the purpose of conducting negotiations between the debtor and creditors for arriving at the repayment plan. Therefore, based on the reasons recorded in the report submitted by the Resolution Professional...

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The A-Z of TDS

When it’s Time for Your Employees to Pay Taxes, A Hundred Questions Fill Their Minds. How, How Much, Why to What, When and Why, Again. And Who Answers These Million Queries And More? You – The Deductor. He Who Calculates Taxes on Their Income and Makes Their Lives Easier, Month After Month, Year on Year. […]...

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Futuristic vision combined with decisiveness provided India with a solid Startup ecosystem

Union commerce and Industry Minister Shri Piyush Goyal today said that Futuristic vision combined with decisiveness has provided India with a solid Startup ecosystem. At the inauguration of 1st Shanghai Cooperation Organisation (SCO) Startup Forum, he said that Youth is our wealth, and in these times of vulnerability & uncertainty, they h...

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Service Tax exemption to Electrical Contractor under mega exemption Notification?

Arvindra Electricals Vs Commissioner of Central Excise & ST (CESTAT Chandigarh)

Arvindra Electricals Vs Commissioner of Central Excise & ST (CESTAT Chandigarh) Whether Electrical Contractor is exempt from service Tax under mega exemption Notification No. 25/2012-ST issued dated 20.06.2012. Yes, In the case of M/s. Arvindra Electricals Vs Commissioner of Central Excise & ST, Chandigarh it has been decided that...

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Daughter in law has right to stay in a suit property or not to be decided on basis of evidence

Satish Chander Ahuja Vs Sneha Ahuja (Supreme Court)

Satish Chander Ahuja Vs Sneha Ahuja (Supreme Court) Conclusion: Suit filed in civil court for mandatory and permanent injunction was fully maintainable and the issues raised by assessee-father-in-law as well as by daughter-in-law claiming a right under Section 19 were to be addressed and decided on the basis of evidence, which was led by ...

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Basics of International Taxation

Basics of International Taxation – 2020 (fourth edition) – (Earlier known as Aspects of International Taxation – A Study) International Taxation due to its dynamic and ever changing nature has always been a complex subject not only to study but to practice. Due to increase in cross border transactions, mergers and acquisitions, ...

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Guidance Note on Transfer Pricing Report U/s. 92E of Income Tax Act, 1961

ICAI has released the 8th Edition (August 2020) of the Guidance Note on Report Under Section 92E of the Income Tax Act, 1961 (Transfer Pricing). This Guidance Note was last revised in November, 2019. The ICAI has revised Guidance note on Report under Section 92E of the Income Tax Act, 1961 (Transfer Pricing) based on […]...

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Widen scope of Vivad Se Vishwas Scheme: DTPA

Representation on Widening the scope of Vivad Se Vishwas Scheme by permitting cases in which Prosecution proceedings has been initiated and the tax involved is within Rs. 5 Crore and also raising other practical issues and difficulty in uploading Form 1 where department has filed appeal or may file appeal....

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November 2020