"15 September 2022" Archive

Terms & Conditions containing Arbitration Clause on website is Permissible: HC

Ingram Micro India Pvt. Ltd. Vs Mohit Raghuram Hegde Proprietor Creative Infotech (Bombay High Court)

Ingram Micro India Pvt. Ltd. Vs Mohit Raghuram Hegde Proprietor Creative Infotech (Bombay High Court) Conclusion: In present facts of the case, the Hon’ble Bombay High Court held that mere valid arbitration clause exist in “terms and conditions” as mentioned in the website and mere allegation of fraud would not vitiate the constitut...

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Limited Liability Partnership (LLP) Registration in India

Limited Liability Partnership (LLP) has come to be a desired shape of organization amongst entrepreneurs because it includes the advantages of each partnership firm and agency right into a single form of organization. The idea of the Limited Liability Partnership (LLP) was added in India in 2008. An LLP has the traits of each partnership ...

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Posted Under: Corporate Law |

Service tax not leviable when exclusive license to use trademark is granted

Commissioner of Service Tax Vs Future Brands (CESTAT Delhi)

Held that in case of Trademark License Agreement an exclusive license to use the trademark is granted and hence the same is covered within the phrase transfer of right to use the goods and hence not leviable to service tax....

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Brief summary of section 44AA of Income Tax Act, 1961 with latest amendments

[Maintenance of accounts by certain persons carrying on profession or business. The section has been inserted by taxation laws (Amendment) Act 1975 , wef 1.4.1976 ( AY 1976-77) 44AA (1) of the Income Tax Act , 1961 Every person carrying on legal, medical, engineering or architectural profession or the profession of accountancy or technic...

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Posted Under: Corporate Law |

Duty Drawback can be availed on goods transferred to EOU on conversion by DTA unit

Combitic Global Caplet Pvt. Ltd Vs Union of India (Delhi High Court)

Assessee as an EOU was entitled to claim deemed export drawback on raw materials/inputs which remained unutilized with the then-existing DTA unit at the time of its conversion into a 100% EOU....

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Additional Guidelines under section 194R of Income Tax Act, 1961

CBDT Circular 18 of 2022 dated 13-Sep-22 13/09/2022

Additional Guidelines for removal of difficulties under sub-section (2) of section 194R of the Income-tax Act, 1961 Section 194R introduced by Finance Act 2022 w-e-f 1-Jul-2022 1. TDS @10% to be deducted on the value / aggregate value of Benefit or Perquisite provided to a Resident during the financial year. 2. Tax to be deducted [&hellip...

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Posted Under: Corporate Law |

Tax Audit Report (TAR) + Accounting Standards (AS) in India

(A) Obligations for preparing of information’s by taxpayer + auditing by auditor 1. Applicability of TAR (i) On taxpayer as carrying a business + having total sale + turnover + gross receipt (all together) are exceeding 1 crore in previous year under section 44AB of Income Tax Act (ITA), 1961 (ii) On taxpayer as carrying […]...

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Posted Under: Corporate Law |

Planning to buy your dream house? Here are few crucial tips to keep in mind

Whenever you visualize your dream house, there are many things you think of executing. The walls, the furniture, the style, and every small element is an extension of you....

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Posted Under: Corporate Law |

CIRP can be initiated against ‘Corporate Guarantor’ without proceeding against principal borrower

K. Paramasivam Vs Karur Vysya Bank Ltd. & Anr. (Supreme Court of India)

K. Paramasivam Vs Karur Vysya Bank Ltd. & Anr. (Supreme Court of India) The question raised in the said appeal is whether CIRP can be initiated against the Corporate Guarantor without proceeding against the principal borrower. The issues raised in this appeal are settled by this Court in Laxmi Pat Surana v. Union Bank of […]...

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Rupee Drawing Arrangement – Enabling BBPS to process cross-border inbound Bill Payments

Circular No. RBI/2022-23/115 A.P. (DIR Series) Circular No. 14 15/09/2022

Please refer to A.P. (DIR Series) Circular No. 120 dated April 10, 2014 on ‘Rupee Drawing Arrangement – Direct to Account Facility’, in terms of which, foreign inward remittances received under Rupee Drawing Arrangement (RDA) can be transferred to the KYC compliant beneficiary bank accounts through electronic mode, such as, NEFT, ...

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June 2023