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Archive: 29 January 2021

Posts in 29 January 2021

Customer service in Banks – Redressal of complaints: Recent RBI guidelines

January 29, 2021 5898 Views 3 comments Print

I am not amused by the recent directions issued by the Reserve Bank of India vide its communication dated RBI/2020-21/87 CEPD.CO.PRD. Cir. No.01/13.01.013/2020-21 dated January 27, 2021, titled ‘RBI releases framework for strengthening the grievance redress mechanism in banks’ with the following objective. “It has been decided to put in place a comprehensive framework comprising […]

HC allowed IGST refund against artificially inflated CGST & SGST

January 29, 2021 951 Views 0 comment Print

Radheshyam Spinning Pvt Ltd Versus Union Of India (Gujarat High Court) After the present writ application was filed on 18th December 2020, Section 49 of the CGST came to be amended w.e.f. 01/02/2019 and new Section 49A and Section 49B were inserted in the said Act. By virtue of power under Section 49B, Rule 88A […]

Physical Submission of Audit Report in Form 704 for FY 2019-20

January 29, 2021 5751 Views 0 comment Print

The last date for electronic uploading of form e-704, for the financial year 2019-20, is 1st March, 2021 and the last date for submission of abovementioned physical documents is 12th March, 2021.

Cera Audit of Private Entity Not Permitted In GST

January 29, 2021 12510 Views 0 comment Print

Kiran Gems Private Limited Vs Union of India and Ors. (Bombay High Court) Petitioner submitted that the Central Goods and Services Tax Act, 2017 has no provision empowering CERA to conduct audit of the petitioner’s records also merits acceptance. Brief perusal of the annexure to the impugned communication reveals that detailed audit of the petitioner’s […]

Notified Sections of Companies (Amendment)) Act, 2020- Analysis

January 29, 2021 7440 Views 0 comment Print

Government has passed the Companies (Amendment) Bill, 2020 as Bill No. 88 of 2020 to further amend Companies Act, 2013 on March 12, 2020. Companies (Amendment) Bill, 2020 based on CLC Committee. CLC Committee submitted its report in November 2019. There are amendments in 66 Sections of Companies Act, 2013 Title Ministry Introduced in LS/ […]

Companies (CSR Policy) Amendment Rules, 2021-Detailed Analysis

January 29, 2021 72336 Views 8 comments Print

MCA has introduced Companies (Corporate Social Responsibility Policy), Amendment Rules, 2021. And importantly CSR Spending made mandatory from voluntary w.e.f. financial year 2020-21. Date of Effectiveness of Companies (Corporate Social Responsibility Policy), Amendment Rules, 2021: [1] Companies (Corporate Social Responsibility Policy), Amendment Rules, 2021 came into effect on 22 January 2021, as the same has […]

Analysis of Company Law Notifications/Circulars- January 2021

January 29, 2021 13320 Views 1 comment Print

Ministry of Corporate Affairs has caused myriad amendments in the Companies Act, 2013 vide its recent Notifications issued on 22.01.2021. In this editorial, the author shall try to cover all Major amendments along with the impact of the same on the Corporates. List of Such Notifications Circulars is as follows:- S. No. Title Notification No. […]

Cloud Hosting Services to Indian customers not taxable as ‘Royalty’ as per India-US DTAA

January 29, 2021 2058 Views 0 comment Print

Cloud hosting services provided USA company to its Indian customers were not covered under the definition of ‘royalties’ as per India-US Tax Treaty as the agreement was to provide hosting services simpliciter and was not for the purpose of giving the underlying equipment on hire or lease and accordingly, it could not be said as royalty within the meaning of Explanation (2) to Section 9(1)(vi) as well as Article 12(3)(b) of the Indo-USA Data by AO and DRP.

Share Transfer Under Companies Act, 2013 and Rules

January 29, 2021 16329 Views 0 comment Print

Article focus on the detailed process of Transfer of Shares under the Companies Act, 2013. According to the Companies Act, 2013, shares of a Public Limited Company are freely transferable whereas a Private Limited Company is required to restrict the right to transfer its shares by its Articles of Association through Section 2 (68) of […]

Major Changes in Companies Amendment 2020 effective

January 29, 2021 2193 Views 0 comment Print

RECENT CHANGES IN COMPANIES ACT, 2013 VIDE COMPANIES (AMENDMENT) ACTS, 2019 AND COMPANIES (AMENDMENT) ACTS, 2020 Sl No. Section Name Before Amendment After Amendment Effective Date Remarks 1. 2(52) (Definition of listed company) Listed company means a company which has any of its securities listed on any recognised stock exchange New proviso has been added […]

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