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Can ROC deactivate DIN for Section 164(2) disqualification?

September 25, 2020 3519 Views 0 comment Print

Whether ROC has power to deactivate DIN of any person on incurred the disqualification under Section 164(2) of the Companies Act, 2013? Whether, the Director Identification Number (DIN) and Digital Signature Certificate (DSC) of directors that have incurred the disqualification under Section 164(2) of the Companies Act, 2013 can be cancelled on account of them […]

Golden opportunity for Defaulting Companies to clean their slate under CFSS-2020

September 23, 2020 2853 Views 0 comment Print

Golden opportunity for Defaulting Companies to clean their slate under CFSS-2020 and also opportunity to disqualified directors to make active their DINs and DSC [Sandeep Agarwal & anr vs UOI & anr dated 02nd September, 2020 in W.P.(C) 5490/2020 & CM APPLs. 19779-80/2020 before Hon’ble Delhi High Court] In the captioned matter, the Hon’ble Delhi […]

Valuation under Companies, Income Tax & FEMA Act

September 22, 2020 64692 Views 1 comment Print

Valuation under different Acts i.e. the Companies Act, 2013, Income Tax Act, 1961 and Foreign Exchange Management Act, 1999 Till the introduction of the Companies Act, 2013 (Act 2013), the valuation of shares, assets, net worth of companies etc. was conducted by Chartered Accountants or as prescribed by other laws such as the Foreign Exchange […]

Liability to pay taxes under RCM covered under Composition Scheme

September 20, 2020 76386 Views 6 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 […]

Whether GST on Joint Development Agreement (‘JDA’) is liable or not?

September 20, 2020 4680 Views 0 comment Print

Joint Development Agreements (‘JDA’) are normally entered into either on revenue sharing basis or area sharing basis. In area sharing agreement, Landowners enter into an agreement with the Developer, whereby, the Landowner gives development rights to construct or develop a complex to the developer. In return, developer agrees to assign a portion of the constructed […]

Taxability of Joint Development Agreement under Income Tax law

September 20, 2020 118413 Views 7 comments Print

Taxability of Joint Development Agreement (‘JDA’) under Income Tax Law Joint Development Agreement (‘JDA’) is the most common and popular form of arrangement for constructing properties in our Country. It is a preferable form both to the Developer and to the Landowner. But there are some issues regarding the taxability of JDA under Income Tax […]

GST on Constructed Property

September 13, 2020 18015 Views 0 comment Print

Under GST law, to levy the GST on any of the activity, the activity should falls under the definition of the ‘supply’ which defined under the Section 7 of the Central Goods and Services Tax Act, 2017 (‘CGST Act, 2017’) which inter-alia includes all the forms of the supply of goods or services or both […]

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 10683 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 33474 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 52032 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 […]

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