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Applicability of deeming provisions of Section 56(2)(x) of IT Act to buyer of undertaking under Slump Sale u/s 50B of IT Act

September 11, 2020 13479 Views 0 comment Print

Applicability of deeming provisions of Section 56(2)(x) of Income Tax Act to buyer of undertaking under Slump Sale under section 50B of Income Tax Act, 1961 There were lots of controversies about taxation of such a sale of business as a going concern due to period of holding of the assets etc. To resolve the […]

AGM extension- Is it valid till 31.12.2020 for all companies?

September 11, 2020 35295 Views 1 comment Print

Whether extension of AGM for financial year 2019-20 is valid up to 31st December, 2020 in each case and for all companies? Due to the outbreak of COVID-19 disease all over the world, holding an Annual General Meeting (AGM) physically is risky, therefore, if the Company is holding AGM physically then the same shall be […]

Composition Scheme-GST Rate & Threshold Limit under GST Law

August 29, 2020 59022 Views 2 comments Print

A ‘Composition Scheme’ is an alternative method of levying tax designed for small taxpayers. If your business is small, but not quite small enough to be GST-exempt, you may be able to use your company’s aggregate turnover to qualify for the composition levy scheme. A simplified ‘Composition Scheme’ has been provided; vide Section 10 of Central Goods […]

Reverse Charge Mechanism- Section 9(4) -GST Act, 2017

August 28, 2020 284424 Views 7 comments Print

Reverse Charge Mechanism (RCM) under Section 9(4) of the CGST Act, 2017 and recent Notification No. 07/2019- Central Tax (Rate) dated 29th March 2019 effective from 1st April, 2019 The provision that has gathered maximum attention for its ability to create significant stress and nuisance would clearly be Section 9(4) of the Central Goods and […]

Clarification on Extension of AGM for FY ended at 31.03.2020

August 27, 2020 8265 Views 0 comment Print

Clarification on Extension of Annual General Meeting (AGM) for the financial year (FY) ended as at 31.03.2020- Companies Act, 2013 [ICSI once again has made a request dated 26.08.2020 to MCA for extension for holding AGM due to COVID-19] The Ministry of Corporate Affairs (MCA) vide General Circular No. 28/2020 dated 17th August 2020 has issued […]

Subscription Money Not Paid in Balance Sheet of Company- Companies Act, 2013

August 27, 2020 41850 Views 4 comments Print

Position of Subscription Money Not Paid in Balance Sheet of Company & under various provisions of Companies Act, 2013 In case of newly incorporated company, situation may occur when subscribers to the Memorandum of Association (‘MOA’) fails to pay subscription money as agreed by them in MOA. Earlier there was no time limit prescribed in […]

Taxability on Sale of Agriculture Land under Income Tax Law

August 26, 2020 558513 Views 23 comments Print

Any gain or loss arising from transfer of Capital Asset shall be considered as a Capital Gain or Loss as the case may be. Section 45(1) of the Income Tax, 1961, is charging section and provides that- ‘Any profits or gains arising from the transfer of a capital asset effected in the previous year shall, […]

Restriction on Layers of Companies- Sections of Companies Act 2013

August 24, 2020 53721 Views 2 comments Print

Section 372A of Companies Act 1956 which dealt with Inter Corporate Loan, Investment, Guarantee, and Security was also amended in the concept of ‘Loan and Investment by Company’ under Section 186 of Companies Act 2013.

Time limit for depositing Subscription Money | Companies Act, 2013

August 17, 2020 95139 Views 2 comments Print

If any entity has been formed for the lawful purpose it requires capital to carry out the business. Such Capital is infused by the Individual or Corporates by subscribing the shares of the entity, such shares have a nominal value which is to be paid by the subscriber as ‘Subscription Money’. These persons are termed as ‘Subscribers’. Subscribers are also considered as first shareholders of the company and later on members of the company.

RCM for purchase of input goods & services used in Construction of Project from Unregistered Person

August 14, 2020 92355 Views 1 comment Print

Reverse Charge Mechanism (RCM) for purchase of input goods and services used in Construction of Project from the Unregistered Person [Notification No. 07/2019- Central Tax (Rate) dated 29th March 2019 effective from 1st April, 2019]. After a long gap, the Central Government has used its power provided under amended Section 9(4) of the CGST Act, […]

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