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Indemnification under Companies Act, 2013

December 16, 2020 28665 Views 0 comment Print

The Board is the primary management body of any company and having a fiduciary duty to the company. It is expected from the Board to act in good faith and to promote the best interests of all the stakeholders. Directors are exposed to liabilities as a consequence of a breach of their duties. Liabilities may […]

Belated Income Tax Return can be revised

December 11, 2020 29091 Views 1 comment Print

The valid question which comes into the mind of every person who is required to file Income Tax Return (‘ITR’) as per Income Tax Act, 1961 (‘the IT Act’), is ‘whether can a person file his ITR again which has been originally filed by that person with some mistakes or omission’. As a human being […]

Penalty for failure to furnish Income Tax Return

December 10, 2020 71691 Views 4 comments Print

Understand the penalty for failure to furnish income tax return. Learn about the increased late fees and provisions under Section 234F of the Income Tax Act.

Advocates Vs. Goods And Services Tax (GST) | GST on Legal Services in India

December 9, 2020 36075 Views 2 comments Print

I would like to submit that I had various meeting with various Advocates (Practice in Civil, Criminal and/or Tax), but all they are confused to understand whether they are covered under any exemption notification or they will have to pay the tax liability under Forward Charge Mechanism (‘FCM’) or Reverse Charge Mechanism (‘RCM’). Even, they […]

Deduction in respect of health insurance premia under Section 80D of Income Tax Act, 1961

December 8, 2020 12438 Views 2 comments Print

Deduction under section 80D of the Income Tax Act, 1961 (‘IT Act’) is available in addition to the deduction of Rs. 1.50 Lakhs available collectively under section 80C, section 80CCC and section 80CCD (1) of IT Act. The individual can claim a tax deduction for the health insurance premium paid for self, parents, children, and spouse. […]

Mandatory Income Tax Return under Seventh Proviso to Section 139(1) of Income Tax Act, 1961

November 28, 2020 573612 Views 3 comments Print

Learn about the mandatory income tax return under Seventh Proviso to Section 139(1) of the Income Tax Act, 1961. Understand the high-value transactions that require filing an ITR.

“Drag along” and “Tag along” provisions under shareholders’ agreement & their enforceability

November 11, 2020 46278 Views 1 comment Print

Under the Indian Companies Act, shareholders do not run any company, only the directors do. It is recognized that the directors represent the interests of the shareholders. Shareholders’ Agreement can outline who can appoint directors, how they are to be appointed and what percentage is required to remove a director. The right to appoint a […]

Enforcement of contractual restrictions on transfer of shares not incorporated in AOA of a company

November 10, 2020 6936 Views 1 comment Print

Enforcement of contractual restrictions on the transfer of shares which are not incorporated in Articles of Association (AOA) of a company One of the first judgments of the Supreme Court on enforcement of contractual restrictions on the transfer of shares, is the landmark case of V.B. Rangaraj vs. V.B. Gopalkrishnan and others on 28th November, 1991, […]

Class Action Suit under Companies Act, 2013 – Need of The Hour

November 10, 2020 7488 Views 0 comment Print

In order to bring a ‘collective action’ by the ‘minority shareholder’ against the company, there was no such provision till 2013 under the Indian Companies Act. However, there were/are provisions of ‘oppression remedy’ under the Indian Companies Act i.e. Section 397 & 398 under the Companies Act, 1956 (‘the Erstwhile Act’) and Section 241 under […]

Some special things related to Tax Audit

October 26, 2020 21276 Views 2 comments Print

1. Tax Audit is mandatory if ‘business’ is having total sales, turnover or gross receipts more than Rs. 1 crore in any Previous Year (‘PY’). [Read clause (a) of Section 44AB of the Income Tax Act, 1961 (‘the IT Act’)]. 2. However, the aforesaid limit of Rs. 1 crore shall be read as 5 crores […]

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