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Archive: May, 2021

Posts in May, 2021

Consultation Paper- Segregation & Monitoring of Collateral at Client level

May 11, 2021 981 Views 0 comment Print

Segregation of client collateral refers to the procedures that enable identification and protection of client collateral from- (i) misappropriation/ misuse by Trading Member (TM)/ Clearing Member (CM) and (ii) default of TM/CM and/or other In the past, there have been instances of misuse of client collateral by TM/CM.

Delhi Court distributes Seized Oxygen Concentrators to Police & Judges

May 11, 2021 621 Views 0 comment Print

In the present FIR, the police have seized the 12 Oxygen Concentrators. No useful purpose would be solved to retain the Oxygen Concentrators in the police Malkhana and the same should be circulated back for the use of needy patients.

Corporate guarantee forms an international transaction for Transfer pricing

May 11, 2021 3123 Views 0 comment Print

GOCL Corporation Ltd. Vs DCIT (ITAT Hyderabad) Learned counsel’s first and foremost argument is that a corporate guarantee is a shareholder’s activity which has been wrongly treated as an international transaction u/s.92B read with Explanation inserted by the Finance Act, 2012 with retrospective effect from 01-04-2002. He next sought to draw a distinction between the […]

Can Investment Adviser continue to collect performance-based fee?

May 11, 2021 2454 Views 0 comment Print

Can Investment Adviser (IA) continue to collect performance-based fee whenever the same is due in terms of the agreement executed with Client, even if such fee is due on a date after March 31, 2021? lAs are not permitted to collect any fee other than the fee as specified in the aforesaid Circular. Further, lAs […]

Lower Tax Deduction Certificate: How to Apply

May 11, 2021 114081 Views 6 comments Print

Section 197 of Income Tax Act, 1961 contains the provisions for Lower Deduction Certificate. Generally, where the actual income tax liability on the income of the assessee is less than the TDS which has been deducted by the payer as per Chapter-XVII, then it may cause a major problem of working capital management for the […]

Analysis of Recent relaxation by SEBI related to LODR Regulation

May 11, 2021 1503 Views 0 comment Print

SEBI has in recent past issued 4 Circulars on 29th April 2021 providing relaxation from SEBI Compliance. Article anslyses some of such relaxation in the article. 1. Relaxation of time limit for submission of Annual audited financial statements for entities who have listed their securities other than equity on Stock https://taxguru.in/sebi/sebi-relaxes-compliance-lodr-regulation-applicable-circulars.html Particulars Original Date Extended […]

Interest cannot be taxed under Mercantile System if receipt of interest is uncertain

May 11, 2021 1734 Views 0 comment Print

Nutan Warehousing Co. Pvt. Ltd. Vs ACIT (ITAT Pune) The concept of `accrual of income’ needs to be considered in the hue of the ‘real income theory’. Where accrual of an income takes place but its realisation becomes impossible, such hypothetical income cannot be charged to tax. In the case of mercantile system of accounting, […]

Making the Right Choice between New Tax Regime Vs. Old Tax Regime for FY 2020-21

May 11, 2021 13722 Views 0 comment Print

The concept of OLD Vs New Tax regime = a dual tax regime was introduced by Finance Act-2020 for FY 2020-21. For FY 2020-21 corresponding to AY 2021-22, there are a Dual Tax regime as discussed in the one of article shared with you for TAX SAVINGS TIPS. Link is given below : – https://taxguru.in/income-tax/income-tax-savings-tips-help-tax-planning.html […]

Recording of reasons after due application of mind is sine qua non for valid section 148 notice

May 11, 2021 4224 Views 0 comment Print

Omkam developers Ltd. Vs ITO (ITAT Delhi) 1. The reasons recorded are based on suspicion, which is evident from the words used in reasons recorded, i.e., “it appears that assessee M/s Omkam Developers Ltd. has received bogus share capital/share premium to the tune of ₹ 1.93 Crores. 2. The Assessing Officer has just accepted the […]

Limited Liability Partnership Act 2008 (LLP) for Business & Legal Environment – Part 1

May 11, 2021 1755 Views 0 comment Print

Limited partnerships are an essential part of the CS Foundation business and legal environment. This topic is handled at all levels by CS (company secretary). LLP is included in the elements of the Partnership Act and LLP. As the Indian economy grew, the role of the entrepreneur as well as his technical and professional workforce […]

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