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Archive: 03 December 2021

Posts in 03 December 2021

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 18, 2024 4275 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 3774 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

SC Classical Interpretation on Pre-Deposit Criteria Before Appeals

December 3, 2021 4671 Views 0 comment Print

VVF (India) Limited Vs The State of Maharashtra (Supreme Court of India) While analyzing the rival submissions, it is necessary to note, at the outset, that, under the provisions of Section 26(6A), the aggregate of the amounts stipulated in the sub-clauses of the provision has to be deposited and proof of payment is required to […]

Section 292BB of Income Tax Act cannot be given a retrospective effect

December 3, 2021 1392 Views 0 comment Print

PCIT Vs Mahla Real Estate Pvt. Ltd. (Rajasthan High Court) We do not find that the Tribunal has committed any error in setting aside the assessment. The counsel for the revenue however has strenuously argued that in view of Section 292BB inserted in the Income Tax Act, mere defect in service of notice had to […]

Guidelines for disposal of seized/confiscated gold

December 3, 2021 15078 Views 0 comment Print

Seized/confiscated gold (other than gold ornaments/jewellery/articles) shall be sold to RBI only. Any mention of gold in subsequent paragraphs shall refer to gold other than gold ornaments/jewellery/articles.

AAR cannot admit application on questions raised as a recipient of service

December 3, 2021 543 Views 0 comment Print

The application is not admitted, under Section 98(2) read with Section 95(a) of CGST Act, 2017/UPGST Act, 2017 for the reason that the applicant has raised questions as a recipient of service

Understanding the concept of Transmission of Securities

December 3, 2021 9297 Views 2 comments Print

Introduction ‘Transmission of Securities’ means transferring the ownership of securities to legal heirs or successor or nominee or surviving joint holder, by operation of law, in case of death of a security holder, insolvency, inheritance or lunacy of the member. Securities As per Section 2(81) of the Companies Act, 2013 and Section 2(h) of the […]

जीएसटी फर्जी बिलिंग को रोकने के लिए रजिस्ट्रेशन तंत्र को करना होगा मजबूत

December 3, 2021 3366 Views 1 comment Print

जीएसटी फर्जी बिलिंग से फर्जीवाड़ा सरकार और विभाग के लिए सरदर्द बना हुआ है. यह इतने व्यापक स्तर पर फैल चुका है कि सरकार जब तक इन लोगों तक पहुँचती है तब तक करोड़ों रुपये की कर चोरी हो जाती है. इसके लिए पूरी तरह से सिर्फ और सिर्फ जीएसटी रजिस्ट्रेशन प्रणाली की खामियां है […]

Revisiting earlier order on merits is beyond the scope & ambit of powers available u/s 254(2)

December 3, 2021 990 Views 0 comment Print

While considering the application u/s 254(2) of the Act, the Appellate Tribunal is not required to re-visit its earlier order and to go into detail on merits. The powers under Section 254(2) of the Act are only to rectify/correct any mistake apparent from the record.

Start-up India – Recognition, Eligibility, Tax exemption & Company Law Relaxations

December 3, 2021 5115 Views 0 comment Print

Startup Recognition: Under the Startup India Action Plan, startups that meet the definition as prescribed under G.S.R. notification 127(E) are eligible to apply for recognition under the program. Eligibility Criteria for Startup Recognition as per G.S.R. notification 127(E) is as follows: 1. The Startup should be incorporated as a private limited company or registered as […]

Preliminary Notice for non-compliance u/s 148 of Companies Act, 2013 – Non- Appointment of Cost Auditor for FY 2016-17

December 3, 2021 7347 Views 1 comment Print

MCA has started identifying the companies who have not complied with the provisions with regard to the appointment of Cost Auditor due to ignorance or otherwise and have started issuing the notices like the one as is given below as preliminary Notices for year FY 2016-17.

Compliances to be undertaken for sale of an Undertaking

December 3, 2021 40218 Views 0 comment Print

The Companies Act imposes some restrictions on the general powers of directors. Pursuant to section 180 of Companies Act, 2013 (Act, 2013), there are certain powers which the board of directors of a company can exercise only with the consent of the members of the company by means of a special resolution. In this article, […]

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