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DPT-3 For FY 2019-20 can be filed upto 31st Dec, 2020

September 29, 2020 34119 Views 1 comment Print

It is stated that company can file Form DPT-3 till 31st December, 2020 without any additional fee, however, it has to be filed a FORM CFSS-2020 after closure of scheme.

No fresh insolvency filling under IBC for further three months

September 27, 2020 906 Views 0 comment Print

The Government has issued a fresh Notification No. S.O. 3265(E) dated 24th September, 2020 extending the suspension of Sections 7, 9 and 10 [meant no fresh insolvency filings could be made by financial creditors, operational creditors, and the corporate debtor itself] of the Insolvency and Bankruptcy Code by another three months. The suspension was due […]

Applicability of provisos to Section 164(2) & 167(1)(a) – Companies Act, 2013

September 25, 2020 10890 Views 0 comment Print

Whether the provisos to Section 164(2) and Section 167(1)(a) of the Companies Act, 2013 [inserted via the Companies (Amendment) Act, 2018 w.e.f. 07.05.2018] be applicable retrospectively? The aforesaid issue was raised before the Hon’ble Delhi High Court in the matter of Mukut Pathak & Ors. vs Union of India & Anr. In the present case, […]

Meaning of expression ‘other company’ | Section 164(2) | Companies Act, 2013

September 25, 2020 7662 Views 0 comment Print

Whether the expression ‘other company’ in Section 164(2) of the Companies Act, 2013 means all other companies except non-defaulting company in which he was already a director? A person who has incurred the disqualification under section 164 (1) of the Companies Act, 2013 (‘the Act, 2013) is not eligible for being appointed as a director […]

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

September 25, 2020 3615 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 2898 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 67626 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 81519 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 4830 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 119541 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 […]

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