"03 January 2022" Archive

Direct selling companies not banned & CS have an important role to play

Direct selling companies are not banned and the Company Secretaries (CS) are ready to hold the new responsibility entrusted to upon them by the central government. We are well aware that with the changing business environment direct selling businesses were awaiting some reform in their supervision environment so that they can well protect...

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Posted Under: Corporate Law |

No reassessment in absence of failure on part of assessee to fully & truly disclose all material facts

District Co-operative Central Bank Ltd. Vs ACIT (ITAT Bengalore)

District Co-operative Central Bank Ltd. Vs ACIT (ITAT Bengalore) Conclusion: Reassessment beyond four years was not valid in the absence of failure on part of assessee to fully and truly disclose all material facts necessary for assessment. Held: Assessee claimed deduction of Rs.3,50,00,000/- u/s 36(1)(viia). However, assessee debited onl...

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Guidelines on Remuneration of Directors & CEO of Insurance companies

The Guidelines cover the remuneration of Non-Executive Directors, CEOs /WTDs /MDs of private sector insurers including the format in which remuneration details are required to be submitted to the Authority....

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Posted Under: Corporate Law |

Schemes of Arrangement by Listed Entities – Clarification w.r.t. submission of NOC

Circular No. SEBI/HO/CFD/SSEP/CIR/P/2022/003 03/01/2022

NOC shall be submitted before the receipt of the No-objection letter from stock exchange in terms of Regulation 37(1) of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015....

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SEBI amends Exercise Mechanism of option contracts on commodity futures

Circular No. SEBI/HO/CDMRD/DNP/CIR/P/2022/01 03/01/2022

On expiry, following mechanism shall be adopted by Exchanges for exercise of the options contracts: All In the money (ITM) option contracts shall be exercised automatically, unless ‘contrary instruction’ has been given by long position holders of such contracts for not doing so....

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Insurance policies covering Covid-19 also cover Omicron variant of Covid-19

IRDAI clarified that all health insurance policies issued by all general and health insurance companies that cover treatment costs of Covid-19 also cover the costs of treatment towards Omicron variant of Covid-19 as per terms and conditions of policy contract....

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Rule-59(6)- Not filed GSTR-3B – Not allowed to file GSTR-1

Press Release No. 515 03/01/2022

From 1st January 2022 onwards, if a monthly filer has not filed the GSTR-3B for the preceding month, then such taxpayer will not be allowed to file the GSTR-1 for the subsequent month, till the GSTR-3B for the preceding month is filed....

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Tax or surcharge are outside the scope & ambit of S. 40(a)(iib)(A) and S. 40(a)(iib)(B): SC

Kerala State Beverages Manufacturing & Marketing Corporation Ltd. Vs ACIT (Supreme Court of India)

Kerala State Beverages Manufacturing &  Marketing Corporation Ltd. Vs ACIT (Supreme Court of India) So far as surcharge on sales tax is concerned, the High Court has held in favour of KSBC and against the revenue. The reasoning of the High Court is that surcharge on sales tax is a tax and Section 40(a) (iib) does not contemplat...

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Framework for Facilitating Small Value Digital Payments in Offline Mode

Notification No. RBI/2021-22/146 CO.DPSS.POLC.No.S1264/02-14-003/2021-2022 03/01/2022

Reserve Bank had, vide circular dated August 06, 2020, permitted a pilot scheme to encourage technological innovations that enable small value digital transactions in offline mode. It was stated therein that the decision on formalising such a system would be based on the experience gained....

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Summarizing section 9B with Section 45(4) of Income Tax Act, 1961

Since the introduction of Section 9B of the Income tax Act (‘the Act’), there has been ample of discussions regarding double taxability of same income in the hands of Specified entity, in this regard this article is to give clarity in relation to same. Applicability of Section 9B and Section 45(4) of the Act. Section […]...

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Posted Under: Corporate Law |

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