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Pre-packaged Insolvency Resolution Process by IBC (Amendment) Ordinance, 2021

April 7, 2021 1749 Views 0 comment Print

Pre-packaged Insolvency Resolution Process by Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action, now, therefore, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President has […]

Whether the gains or losses from sale of securities shall be treated as ‘Income from Business’ or ‘Capital Gain’

April 7, 2021 18255 Views 0 comment Print

Today’s question is very crucial and need to clarify whether the gains or losses from sale of securities shall be treated as ‘Income from Business’ or ‘Capital Gain’. In this concern, it is notable that when an assessee wants to treat the sale of securities as ‘business income’, he is allowed to reduce expenses incurred […]

Disclosure of about audit trail in Audit Report from 01.04.2022

April 5, 2021 17337 Views 0 comment Print

Disclosure about audit trail by Auditor in their Audit Report starting from 01.04.2022 instead of earlier 01.04.2021. In exercise of the powers conferred by sections 139, 143, 147 and 148 read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013, the Ministry of Corporate Affairs (MCA) on 1st April, 2021 notified Companies […]

Petition u/s 7 or 9 of IBC is an Independent Proceedings & is not affected by winding up proceedings

April 4, 2021 2772 Views 0 comment Print

Hon’ble Supreme Court in the matter of Naveen Chandra Steels Private Limited Vs. SREI Equipment Finance Limited & Ors. has directed vide order dated 01st March, 2021 that a petition either under section 7 or section 9 of the IBC is an independent proceeding which is unaffected by winding up proceedings that may be filed qua the same company. 

Re-validation of existing Tax Exemption Certificate under new Section 12AB of Income Tax Act, 1961 w.e.f. April 1, 2021

April 1, 2021 11823 Views 0 comment Print

Re-validation of existing Tax Exemption Certificate under new Section 12AB of Income Tax Act, 1961 w.e.f. April 1, 2021 The Central Board of Direct Taxes, by Notification No. 19/2021-Income Tax Dated- 26th March, 2021, amended the Income Tax Rules, 1962 called as Income-tax (6th Amendment) Rules, 2021, pertaining to procedure for registration of fund/ trust/charitable […]

Overdue returns (Form 8 & Form 11) & strike off LLP name Voluntarily

March 18, 2021 8871 Views 1 comment Print

A Limited Liability Partnership (‘LLP’) is required to file certain mandatory returns (Form 8 & Form 11) whether it does the business or not. Non-filing of due returns will attract penalties and prosecution under the LLP Act and Designated Partners are liable to face the same action. The penalty for LLPs defaulting in filing of any […]

Fresh application for existing Trusts under Section 12AB wef 01.04.2021

March 17, 2021 53571 Views 18 comments Print

Fresh application for existing Charitable / Religious Trusts, Institutions etc. under new Section 12AB of Income Tax Act, 1961 w.e.f. April 1, 2021 The Finance Minister of India had presented the Union Budget 2020 wherein it was proposed to make substantial amendments for granting exemptions to the Charitable / Religious Trusts, Institutions etc. Under the […]

SC: Exclude Period from 15.03.2020 to 14.03.2021 in computing Limitation Period

March 10, 2021 2607 Views 1 comment Print

[Suo motu Writ Petition (Civil) No. 3 of 2020, In Re: Cognizance for Extension of Limitation] The Supreme Court on 08th March, 2021 decided to end the extended limitation period granted to litigants for filing appeals. A Bench led by Chief Justice of India (CJI) S.A. Bobde, on March 23 last year, invoked its extraordinary […]

E- Invoices for turnover exceeding Rs 50 Crores w.e.f. 01.04.2021

March 10, 2021 40554 Views 9 comments Print

Sub-rule (4), (5) and (6) were inserted in Rule 48 (Manner of issuing Invoice) of the Central Goods and Services Tax Rules, 2017 (“CGST Rules”) vide Notification No. 68/2019 -Central Tax dated 13th December, 2019 in respect to generate e-invoice as under- “Rule (4) The invoice shall be prepared by such class of registered persons as […]

NRI allowed to incorporate OPC in India w.e.f. 01.04.2021

March 9, 2021 25569 Views 1 comment Print

By making the amendment in sub rule (1) of Rule 3 for words, and resident in India, following words substituted whether resident in India or otherwise. By this amendment, now Non-Resident Indians (‘NRIs’) is also allowed to incorporate OPCs in India.

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