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HC held contribution of Land by partner to Firm as SHAM transaction

November 28, 2019 5481 Views 0 comment Print

The entire consideration for free-hold land was paid by M/s SICCL but in what capacity, was not known and transfer of same land by assessee to SICCPL at a consideration which had a vast difference than that was acquired by assessee after execution of free-hold deed did not conform to even any normal business transaction entered into by a person of ordinary prudence

Provision of Section 29A now extends to Section 52 of IBC: NCLAT

November 26, 2019 3060 Views 0 comment Print

NCLAT, recently, vide its order dated 18.11.2019 in the matter of State Bank of India v Anuj Bajpai, has held that the disqualified persons under Section 29A of the Insolvency and Bankruptcy Code, 2016 , are completely and irrevocably barred from having access to the assets of the Corporate Debtor. Details of the Order has been discussed below:

Addition of bogus share capital u/s 68 and bogus purchases u/s 69 cannot be made in absence of incriminating material with AO

November 26, 2019 4797 Views 0 comment Print

Since assessee had sufficient documentary evidences before AO to prove that money routed from assessee itself which came back to assessee in the form of share capital/premium and AO neither made any further enquiry on the documentary evidences filed by assessee nor verify the trail of the source of funds received by assessee through various entities thus, assessee had been able to prove that it had received genuine amounts which was routed through various companies.

Section 56(2)(viia) not applies on acquisition of shares of a foreign company as per rule 11U(b)(ii) prior to 01.04.2019

November 26, 2019 3414 Views 0 comment Print

Provisions of section 56(2)(viia) was not applicable on acquisition of shares of a foreign company from its directors  because as per rule 11U(b)(ii) (prior to 01.04.2019) which defines “balance sheet‟ was not applicable to a foreign company and the amendment to Rule 11U with effect from 1.4.19 was prospective in nature. If the computation provisions could not apply, the charging section also could not apply as both sections should be read together in order to make the said provisions workable in accordance with law.

Supreme Court Judgment on Tribunals & Finance Act 2017 (Read)

November 25, 2019 3750 Views 0 comment Print

Rojer Mathew Vs South Indian Bank Ltd. & Ors. (Supreme Court) 1. Leave granted. BRIEF BACKGROUND: 2. In the present batch of cases, the constitutionality of Part XIV of the Finance Act, 2017 and of the rules framed in consonance has been assailed. While it would be repetitious to reproduce the pleadings of each case […]

ICAI announces financial assistance for needy & meritorious CA students

November 23, 2019 8654 Views 5 comments Print

Scheme of Financial Scheme of Financial Assistance/Scholarship to Students of CA Course, Year 2019-20 The Board of Trustees of the Chartered Accountant Students Benevolent Fund (CASBF) has decided to provide financial assistance/scholarship for amount of Rs. 1500/- PM, to students who are registered in CA Intermediate /IPCC course and serving articled training as well as […]

Analysis of CBIC Circular on 20% GST ITC restrictions

November 23, 2019 58143 Views 7 comments Print

20% ITC restrictions clarified by CBIC Circular No. 123/42/2019– GST dated 11.11.2019 1. Clarification about the new rule 36(4) related to availing input tax credit under the GST. 2. The new rule 36(4) inserted vide Notification No. 49/2019 – Central Tax dated 09.10.2019, limits input tax credit claims to 20% of the “eligible amount” where in […]

Institute of Actuaries of India (Transaction of Business at Meetings of Council) Amendment Regulations, 2019

November 22, 2019 537 Views 0 comment Print

Institute of Actuaries of India (Transaction of Business at Meetings of Council) Amendment Regulations, 2019. Video Conferencing means audio-visual electronic communication facility to enable members of the Council who could not attend in person to communicate concurrently with each other without any intermediary and to participate effectively in the meeting.”.

e-way bill download was not mandatory till March 31, 2018

November 22, 2019 3021 Views 0 comment Print

Mudassirun Nisan Vs. Addl. Commissioner (Allahabad High Court) On the relevant date i.e. 4 Dec. 2017 when the vehicle in question was intercepted, the ‘Government’ referred in Rule 138 of the C.G.S.T. Rules 2017, which was the Central Government, had not developed and approved any e-way bill system nor any other arrangement had been made […]

How Technology Can Help You Save Time

November 21, 2019 1440 Views 0 comment Print

Technology is the one thing which has helped a man in a lot of ways, the most important is without any doubt being able to save time. We can now do a lot more in less amount of time and without having to stress the way people before us used to do. When it comes […]

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