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Corrigendum to DGFT Notification No. 31/2015-2020 dated 13th November 2019

December 6, 2019 6213 Views 0 comment Print

Central Government hereby notifies that the Notification No.31/2015-2020 dated 13th November, 2019 and published in the Gazette of India , Extraordinary vide number S.O. 4097(E) dated 13th November, 2019 shall be effective from the date on which Section 88 (b) of the Finance (No. 2) Act, 2019 (23 of 2019) is notified by the Department of Revenue, Ministry of Finance. Government of India. Hence, the Notification No.31/2015-20 dated 13th November, 2019 is not effective till amendment of First Schedule to the Customs Tariff Act as specified in the Fifth Schedule to the Finance Act is notified.

SEBI (Issue of Capital And Disclosure Requirements) (Fifth Amendment) Regulations, 2019

December 6, 2019 1029 Views 0 comment Print

1. These regulations may be called the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Fifth Amendment) Regulations, 2019. 2. They shall come into force on the date of their publication in the Official Gazette.

Clarification-Voting on behalf of creditors in a class in CIRP of Jaypee Infratech Limited

December 6, 2019 861 Views 0 comment Print

Several mails have been received by the Board from some financial creditors in a class, namely, homebuyers expressing confusion about the manner of voting in the context of resolution plan in the corporate insolvency resolution process of Jaypee Infratech Limited. It appears that there is ‘internal voting’ / ‘pre-polling’ on certain matters which are not in the agenda before the Committee of Creditors.

State Legislature cannot amend KVAT Act after CAA 2016

December 6, 2019 1809 Views 0 comment Print

Baiju A. A. Vs State Tax Officer (Kerala High Court) (i)  the assessments in respect of which the period of limitation for re-opening under Section 25 of the KVAT Act was to expire by 31.03.2017 can be re-opened up to 31.03.2018 by virtue of the amendment to the third proviso to Section 25 (1) vide […]

Limited scrutiny cannot be expanded without prior approval of appropriate authority

December 5, 2019 2817 Views 0 comment Print

If the A.O. has taken up the issue of determining fair market value of the property in question as on 01/4/1981 without converting the limited scrutiny to comprehensive scrutiny by taking the prior approval of the competent authority then the said order passed by the A.O. will be nullity as beyond his jurisdiction.

Appeal maintainable against determination of Section 115QA liability: SC

December 5, 2019 2613 Views 0 comment Print

Genpact India Private Limited Vs DCIT (Supreme Court) Section 115QA of the Income Tax Act, 1961 stipulates that in case of buy back of shares referred to in the provisions of said Section, the company shall be liable to pay additional income tax at the rate of 20% on the distributed income. Any determination in […]

Property used for business cannot be treated as vacant for section 23

December 5, 2019 3921 Views 0 comment Print

We are of the view that the company having occupied the property for its own purposes, no notional rent can be added. It may be germane to mention here that this is the only property owned and occupied by the assessee as its registered office. It is not the case of the AO that the assessee company was having some other premises to have its office. A company having been incorporated is legally required to have its registered office irrespective of the fact whether during the year it has carried on any activity or not.

Static vs. Ambulatory interpretation of DTAAs – Retrospective amendments to definition of royalty

December 5, 2019 7059 Views 0 comment Print

ACIT Vs Reliance Jio Infocomm Ltd. (ITAT Mumbai) Let us appreciate the nature of development, from the treaty perspective, in case one is to hold that the retrospective amendments defining the expression ‘process’ would be equally applicable for definition of ‘royalties’ under the tax treaty. Thus viewed, situation could be like this. There are judicial […]

Expense against carbon credit (Capital Receipt) not deductible

December 5, 2019 1083 Views 0 comment Print

Rajshree Sugars and Chemicals Limited Vs ACIT (ITAT Chennai) As we have already held that the receipt on the sale of carbon credits is liable to be treated as capital receipts, admittedly, the expenditure incurred by the assessee in respect of the sale of the carbon credits cannot be treated as Revenue expenditure at all. […]

IBC Act overrides GST Act- Liability to Pay GST after initiation of CIRP

December 5, 2019 2742 Views 0 comment Print

T. R. Ravichandran, RP Vs The Asst. Commissioner (ST) (NCLT) As to provisions of GST Act, since Section 238 of the Insolvency and Bankruptcy Code having categorically mentioned that IBC will have over riding effect on all other laws which are in contravention to the provisions of the IBC, RI cannot raise an objection saying […]

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