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Archive: May, 2021

Posts in May, 2021

Impact of covid in M&A and Private Equity space in India

May 17, 2021 975 Views 0 comment Print

M&A in India is not left untouched by the pandemic largely on basis of liquidity issues, valuation concerns, regulatory changes, and other practical aspects including to restrictions and lockdown.

Business Responsibility & Sustainability Reporting – SEBI Notification May 2021 with History

May 17, 2021 6744 Views 0 comment Print

Business Responsibility & Sustainability Reporting – SEBI Notification May 2021 with History A. Background: Since the creation of the World Business Council for Sustainable Development (WBCSD) at the Rio Earth Summit in 1992, the business community has acknowledged its responsibility to contribute to the discussion concerning Economic, Environmental and Social issues through systematic public reporting […]

Trust, Society or Section 8 Company- Which is Best Option?

May 17, 2021 9531 Views 1 comment Print

A NGOs (Non-Governmental Organization) also known as NPOs (Non-Profit Organizations) are organizations formed for non-profit or selfless purpose, these organizations are generally formed for promotion of arts, science, commerce, sports, social welfare, religion, charity, environmental protection any such other objects. An NGO can be formed either as a: 1. Section 8 Company, or 2. Trust, […]

Addition based on statements recorded by survey team & credible evidence without any retraction are valid

May 17, 2021 1584 Views 0 comment Print

Sanjay Sultania Vs ITO (ITAT Cuttack) CBDT in the circular dated 10.3.2003 (supra) has directed the revenue authorities that if confession not based upon credible evidence, are later retracted by the concerned assesses while filing the returns of income, such confessions do not serve any useful purpose. In the present case,  there was substantial evidence […]

Section 68 addition for share capital & Premium without any verification not sustainable

May 17, 2021 3351 Views 0 comment Print

Seth Carbon and Alloys Private Limited Vs DCIT (ITAT Mumbai) We find that assessee by furnishing all the aforesaid documents had duly explained the nature and source of credit in the form of share capital and share premium received from the aforesaid two shareholders. From the balance sheet of the shareholders, it could be seen […]

In absence of any contract or sub-contract work by Joint Venture to its members, Section 194C not applicable

May 17, 2021 3180 Views 0 comment Print

ITO Vs Shraddha & Prasad Joint Venture (ITAT Pune) This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeal), Pune-3 dated 29.08.2017 for the assessment year 2014-15 as per the following grounds of appeal on record : “1. On the facts and circumstances of the case, the order of the Ld. […]

Capital gain on a transaction which never materialized cannot be taxed

May 17, 2021 1491 Views 0 comment Print

ITO Vs Amit Murlidhar Kamthe (ITAT Pune) Firstly, no possession was given to the developer under the JDA as an owner. Secondly, a part of the land at the material time in 2008 vested in the Government of Maharashtra. Thirdly, the transaction admittedly fell through and a part of the land was eventually sold to […]

Stock Transfer under GST

May 17, 2021 131763 Views 22 comments Print

Whether Stock Transfer is taxable event? The High Court of Kerala and High Court of Telangana has held that Stock Transfer is not the taxable event and no GST is applicable. M/s. ABCO TRADES (P) LTD. Vs. THE ASSISTANT STATE TAX OFFICER, WP No. 17377 of 2020, Order dated 21-08-2020, High Court of Kerala. The […]

Section 80D deduction – Mediclaim ( Medical Insurance Premium )

May 17, 2021 15144 Views 2 comments Print

Section 80D – Deduction in respect of Medical Insurance Premium (Mediclaim) Tax deductions can be availed on individual health insurance or family floater plans. Premiums paid towards health insurance taken for self, spouse, dependent children and/or dependent parents are allowed for deduction. Deduction under section 80D is allowed only to Individual and HUF, No other […]

Different kinds of Meetings under Companies Act of 2013

May 17, 2021 381072 Views 1 comment Print

Meeting is not defined under any provisions of Companies Act of 2013, but taking references from common business and market parlance and also from some of the decided case laws like Sharp vs. Dawes, as decided in 1971, and through citations of various renowned authors, we can gather that a ‘Company Meeting’ is basically coming […]

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