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Archive: September, 2021

Posts in September, 2021

Transfer Pricing: Working capital adjustment should be allowed on actuals

September 28, 2021 1989 Views 0 comment Print

EIT Services India Pvt. Ltd. Vs JCIT (ITAT Bangalore) It has been submitted by Ld.AR that working capital and risk adjustment was denied to assessee on the ground that assessee failed to demonstrate such differences could have any impact on assessee’s profit. It has been submitted by Ld.AR that the submissions advanced by assessee demonstrating […]

What is E-way Bill in Goods & Services Tax (GST)? All about E-way Bill

September 28, 2021 7092 Views 0 comment Print

On 1st July 2021, our beloved Goods and Service tax Act celebrated its 4th Birthday. GST was introduced for 3 major purposes as One nation One tax, ease of compliances and seamless flow of credits to remove the cascading effects of the taxes. However in the last 4 years GST is reshaping itself by more […]

GST Refund of tax wrongfully paid to Central or State Government

September 28, 2021 2778 Views 0 comment Print

CBIC came with a clarification vide Circular no. 162 dated 25th September 2021 regarding the refund of taxes wrongly to the Government. There were few doubts which to a certain extend has been cleared. Firstly, the manner to claim refund of wrongly paid taxes was a big challenge as there was no properly laid procedures, […]

बैंकिंग प्रणाली कितनी न्याय – संगत ?

September 28, 2021 1113 Views 0 comment Print

हाल ही में सुप्रीम कोर्ट के जज न्यायमूर्ति धनंजय यशवंत चंद्रचूड़ ने छठे मुख्य न्यायाधीश एमसी छागला की स्मृति में आयोजित आभासी कार्यक्रम में व्याख्यान देते हुये समाज के बौद्धिकों से जो कुछ आह्वान किया उसका सारांश यही है कि तथ्यपरक आवाज उठाते रहना है । इसके कुछ ही दिन पहले टेलीविजन परिचर्चा के दौरान […]

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

September 28, 2021 3315 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 72129 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 2322 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 3570 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 10668 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 5325 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 […]

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