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Archive: 28 September 2021

Posts in 28 September 2021

Pre-Packaged IRP under IBC- A boon for Creditors of MSMEs

September 28, 2021 2913 Views 0 comment Print

Global Professional opportunities under insolvency Regime – Pre-Packaged insolvency resolution process (IRP) under the IBC- A boon for Creditors of MSMEs The Insolvency and Bankruptcy Code 2016 is comprehensive legislation for all types of entities – for insolvency and bankruptcy including voluntary liquidation and voluntary bankruptcy. It is one of the finest, simplest legislation. Once […]

Disqualified from directorship by ROC under Section 164(2)(A)

September 28, 2021 67647 Views 3 comments Print

The Registrar of Companies having different jurisdictions since 2017, then in 2018 and again in 2019 has disqualified many Directors under ‘Section 164(2)(a)’ of the Companies Act, 2013. Accordingly, in this article, we shall study about what exactly this particular section says, what happens after disqualification and the solution for it. WHAT IS SECTION 164(2)(a) […]

Short Summary on Atmanirbhar Bharat Rozgar Yojna

September 28, 2021 1953 Views 0 comment Print

Short Summary on Atmanirbhar Bharat Rozgar Yojna The new Scheme is being launched to incentivise the creation of new employment opportunities during the COVID recovery phase. The Aatmanirbhar Bharat Rozgar Yojana has been bifurcated into Incentives for employee-beneficiaries as well as incentives for establishments. Eligibility for Employee-Beneficiaries:- >  New Employees earning monthly wages less than […]

Fixed placed PE or agency placed PE in India is must to determine taxability

September 28, 2021 2934 Views 0 comment Print

In present facts of the case, the Hon’ble Tribunal relied upon the previous Judgments passed in the assesse own case and have observed that agents of the assessee did not have the necessary authority to conclude the contracts of the assessee and, on that premise, it was held that there is no agency PE of  assessee in India and therefore Assessee was not taxable in India.

All Shares enjoy long term capital gain benefit on transfer after 12 months

September 28, 2021 10356 Views 0 comment Print

All shares whether listed or unlisted have enjoyed the benefit of shorter period of holding and even any investment in shares of private limited companies enjoyed long-term capital gains on its transfer after twelve months.

Private parties cannot apportion Income Tax liability by private agreement

September 28, 2021 5034 Views 0 comment Print

Rajeev Behl Vs PCIT (Delhi High Court) Sub-section (1) of Section 179 cast burden upon the director to prove that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part. The burden being on the director, the respondent ought to have established the requirements of the sub-section to […]

Material Subsidiary/Reg 16(1)(c) & Reg 24A/LODR

September 28, 2021 16731 Views 4 comments Print

Following are the provisions applicable to a Material Subsidiary of Listed entity 1. Meaning of a Material Subsidiary In Regulation 16 (1)(c) of LODR, a Material Subsidiary is defined as A Subsidiary whose income exceeds 10 percent of consolidated income of its listed holding entity in the immediately preceding accounting year or A Subsidiary whose […]

Writ Petitions having alternative remedy not to be entertained if no violation of fundamental rights, excess jurisdiction/ delegation

September 28, 2021 2982 Views 0 comment Print

Writ Petitions having alternative remedy not to be entertained if no violation of fundamental rights, excess jurisdiction/ delegation In The Assistant Commissioner of State Tax and Others v. M/s Commercial Steel Limited [Civil Appeal No 5121 of 2021 dated September 03, 2021], the current appeal has been filed against the Judgment dated March 04, 2020 […]

Section 154 of Customs Act cannot be invoked for compliance of original adjudication order

September 28, 2021 2697 Views 0 comment Print

M. K. Saha and Co. Vs Union of India (Calcutta High Court) Conclusion: In present facts of the case, the Hon’ble High Court observed that corrigendum under Section 154 of the Customs Act, 1962 is not sustainable in law since in the name of rectification of clerical or arithmetical or typographical mistake neither any additional […]

RoDTEP – Manner to Issue & Utilization of Duty Credit for Goods Exported

September 28, 2021 10074 Views 1 comment Print

Remission of Duties or Taxes on Export Products (RoDTEP) was introduced for the Exporters to make Indian products cost-competitive and create a level playing field for them in the Global Market by Refund un-refunded Taxes or Duties/Levies, not Exempted or Rebated at Present by any other Mechanism. Government Issued an Advisory on 1st Jan’2021, to implement […]

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