"29 September 2021" Archive

Chairman/MD not vicariously liable for criminal acts of company: SC

Ravindranatha Bajpe Vs Mangalore Special Economic Zone Ltd. & Others Etc. (Supreme Court of India)

General Manager and/or Planner/Supervisor of Accused Companies, without any specific role attributed and the role played by them in their capacity, they cannot be arrayed as an accused, more particularly they cannot be held vicariously liable for the offences committed by Accused....

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Summary of 4 Recent GST Circulars issued on 20th & 25th Sep 2021

The much awaited 45th meeting of the GST Council was held on 17th September, 2021 in physical mode at Lucknow, an important state capital going to polls in near future. Though the agenda was crucial, no decision was taken for inclusion of petroleum products in GST fold. The tenure of National Anti-profiteering Authority got extended [&hel...

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Posted Under: Corporate Law |

Income Tax Return (ITR)- Impact of Delay in filing ITRs

The Government of India has framed Income Tax laws governing the taxes to be levied on the taxable income of all persons who are Individuals, HUF’s, Companies, Firms, LLP, Association of Persons, Body of individuals and any other juridical person. Every individual who qualifies as the resident of India is required to pay tax on [&hellip...

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Posted Under: Corporate Law |

PLI Scheme Explained 2021 FAME II Auto Sector

Subsequent to the FAME II the Government has taken a Milestone for ramping up the Electric Mobility in the India Economy and to Protect the sustainability of Indian Automakers and to Make India “Atma-Nirbhar Bharat” Recently, the Govt of India Union Cabinet has approved a Rs. 26,058 crore Production Linked Incentive (PLI) sche...

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Posted Under: Corporate Law |

Nature of Contracts

THE INDIAN CONTRACT ACT 1872 (In simple words) OVERVIEW – This Unit Refers to the essentials of a legally enforceable agreement or contract. It sets out rules for the offer and acceptance and revocation thereof. It states the circumstances when an agreement is voidable or enforceable by one party only, and when the agreements are [&...

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Posted Under: Corporate Law |

Date of handing over of material In absence of any specific date of handing over of material in satisfaction note

ACIT Vs Ankit Nivesh & Management Pvt. Ltd. (ITAT Delhi)

ACIT Vs Ankit Nivesh & Management Pvt. Ltd. (ITAT Delhi) In absence of any specific date of handing over of material in the satisfaction note, the date of recording of satisfaction will be taken to be the date of handing over the material. The assessee is engaged in the business of investment and sale purchase […]...

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During assessment proceedings claim of assessee could be considered by way of a simple letter without filing any revised return

Modern Papers Vs ITO (ITAT Delhi)

Modern Papers Vs ITO (ITAT Delhi) During the assessment proceedings claim of assessee could be considered by way of a simple letter without filing any revised return The assessee is engaged in the business of Agro Chemicals and set up a manufacturing unit in the State of Jammu & Kashmir, which is notified area, entitling […]...

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Latest Provisions related to E-Invoicing and QR Code under GST

The Secretary, GST Council at 35th Meeting held on 21st June, 2019 presented the agenda item regarding generation of e-invoice before the Council. Considering the benefits of e-invoicing Council approved, to launch a pilot project on voluntary basis for online generation of B2B e-invoices from January 2020....

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Posted Under: Corporate Law |

Rule 86A of CGST Rules 2017- Bloking of ITC credit leddger

Nowadays it is very common practice to block the ITC (credit ledger) by department taking the recourse of rule 86A of CGST Rule. In most cases, it is being done even without informing the taxpayer or without giving the opportunity to justify anything wrong which is noticed by the department, it is like openly infringement […]...

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Posted Under: Corporate Law |

Presumptive Taxation scheme Section 44AD of Income Tax Act

Section 44AD of the Act has a superior position vis-à-vis the other provisions of the Income Tax Act 1961. Nevertheless, Section 44AD(2) of the Act also specifically mentions that any deductions allowable under Section 30 to 38 shall be deemed to have been given full effect. Therefore, there are no specific deductions available for the a...

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