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Archive: 28 July 2021

Posts in 28 July 2021

Practical Aspects on Incorporation of Foreign Subsidiary Company In India & Indian Company Law on Names, Notary, Apostillation & Consularisation

July 28, 2021 24288 Views 4 comments Print

Practical Aspects On Incorporation of Foreign Subsidiary Company In India and The Indian Company Law on Names, Notary, Apostillation and Consularisation The Indian Companies Act, 2013 (Act) allows the incorporation of Subsidiary Company of Foreign Company in India. The Subsidiary Company of Foreign Company means either controls the composition of the Board of directors or […]

SEBI Imposes Penalty on Ripu Kundra, Shilpa Shetty & Viaan Industries

July 28, 2021 1155 Views 0 comment Print

In Re Ripu Sudan Kundra, Shilpa Shetty & Viaan Industries in the matter of Viaan Industries Limited (SEBI) FACTS OF THE CASE 1. Securities and Exchange Board of India (hereinafter referred to as ‘SEBI’) had conducted an investigation into the trading/dealings in the scrip of Viaan Industries Limited (formerly known as Hindustan Safety Glass Industries […]

Monetary Penalties to be imposed by an Insolvency Professional Agency

July 28, 2021 636 Views 0 comment Print

The Disciplinary Committee of an Insolvency Professional Agency (IPA) may impose monetary penalty on its professional members under Clause 24(2)(d) of the Schedule to the IBBI (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016.

Additional charge arrangement in the grade of PCIT/PDIT

July 28, 2021 1476 Views 0 comment Print

Office Order No. 186 of 2021 The following additional charge arrangements in the grade of PCIT/PDIT are ordered with immediate effect as mentioned against their names and until further orders:

FAQs on Register of Members, Debenture Holders or Other Security Holders

July 28, 2021 15006 Views 0 comment Print

Important FAQs to Understand Register of Members, Debenture Holders or Any Other Security Holders {Section 88 of Companies Act, 2013 read with The Companies (Management and Administration) Rules, 2014} 1. Where is the Register of Members maintained under Companies Act, 2013?  Ans. Every Company shall maintain register of members from the date of its registration in […]

Is Retrospective Taxation an Abuse of Sovereign Right of States to Impose Taxes?

July 28, 2021 1128 Views 0 comment Print

India has gained an ill-reputation regarding its retrospective taxation laws in the past decade, especially due to the amendments made to Section 9 by the Finance Act, 2012. Retrospective operation of this amendment gave rise to three notable international tax disputes, namely the Vodafone International Holdings BV case, the Cairn Energy PLC case, and the […]

Mutual Agreement procedure – OECD Recommendation on Stage 2 Peer Review Reports regarding time limit

July 28, 2021 822 Views 0 comment Print

The Double Taxation Avoidance Agreement (DTAA), inter alia, provide rules and mechanisms for allocation of taxing rights amongst the treaty partners; avoidance of economic and juridical double taxation; and resolution of taxation not in accordance with the treaty through the Mutual Agreement Procedure (‘MAP’).  MAP is an inbuilt and alternate tax dispute resolution mechanism available to the taxpayers under the DTAAs. It is […]

E-Way Bill under GST- Brief Analysis

July 28, 2021 1965 Views 0 comment Print

Need of E-Way Bill ? 1. Tracking Transportation of Goods (as GST is a Destination Based Tax System) 2. To Avoid Tax Evasion When E-Way Bill Needs to be Issue ? When ever there is Movement of Goods + Value of Goods Exceed 50,000 Note : 1. Value means TAXABLE VALUE of Goods is Inclusive […]

Bottleneck’s for seamless flow of Input Tax Credit under GST

July 28, 2021 1818 Views 0 comment Print

Background The Goods and Services Tax (GST) was implemented in India on 1st July, 2017. It has been four years since the GST unified most of the indirect taxes laws in India. As it subsumed multiple taxes such as service tax, central excise and value added tax with aims to eliminate the cascading effect of […]

Dividends of a foreign company received through its Indian depository are not taxable under Indo-Mauritius DTAA

July 28, 2021 3873 Views 1 comment Print

Recently, the Mumbai bench of ITAT has given its final order in the case of Morgan Stanley Mauritius Co. Ltd. v. DCIT,[1] holding that dividend payments made by a foreign company to its domestic depository which were subsequently transferred to IDR holders are not taxable in India under the Indo-Mauritius DTAA. Despite the dividend income […]

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