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Time limit for SCN or order under Section 74 of GST for FY 2019-20

September 30, 2025 40824 Views 2 comments Print

The GST Act mandates strict timelines for issuing show cause notices and assessment orders. SCN under Section 73 or 74 must follow prescribed periods to be valid.

Authorised Representation under Sections 21(6) & 21(6A) of IBC

September 30, 2025 1101 Views 0 comment Print

Summarizing IBC Sections 21(6), 21(6A), and 24(5) on financial creditor representation. Covers flexible voting in consortiums, mandatory ARs, and individual professional appointment.

Gujarat HC Quashes GST Demand Based Only on E-way Bill & GSTR-9 Turnover Mismatch

September 29, 2025 3885 Views 0 comment Print

The Gujarat High Court ruled in MC Bauchemie that a discrepancy between E-way bill turnover and GSTR-9 turnover is insufficient alone to invoke GST demand proceedings under Section 73. Authorities must establish fraud, willful misstatement, or suppression to assume jurisdiction.

Rights Issue: No Valuation or Escrow Account Required

September 29, 2025 5004 Views 0 comment Print

Pure rights issues to resident shareholders avoid mandatory valuation under the Companies Act and have no escrow requirement, unlike private placements or issues involving non-residents (FEMA).

Timing of Shareholders’ Approval for Loan/Debenture Conversion

September 29, 2025 1476 Views 0 comment Print

Understand requirement under Section 62(3) of Companies Act, 2013, for shareholders’ special resolution to approve conversion of loans or debentures into equity.

Rights Issue: Entry of New Investors through Shareholder Renunciation

September 28, 2025 4722 Views 0 comment Print

Rights issue under Companies Act lets shareholders renounce entitlements to outsiders, enabling new investors without triggering preferential allotment rules.

Tax on Gifts to Spouse: Clubbing Provisions & Planning

September 25, 2025 5196 Views 0 comment Print

Gifts to a spouse are tax-exempt for the recipient, but Section 64(1)(iv) clubs income from the gifted asset with the transferor’s income. Learn about clubbing rules, second-generation income, and strategies like tax-free investments, joint accounts, and gifts to major children to mitigate tax impact.

HUF Wealth Planning: Smart Ways to Transfer Assets

September 24, 2025 6420 Views 1 comment Print

Understand Hindu Undivided Family (HUF) tax rules for asset transfers, including gifts from members and non-relatives, and how clubbing provisions affect income.

Supreme Court Upholds Promissory Note Validity

September 11, 2025 2697 Views 0 comment Print

The Supreme Court affirmed that a promissory note binds the borrower to the full amount acknowledged, even without bank records for cash portions of the loan.

GST Section 74: Extended Limitation Requires Fraud, Suppression & Procedural Compliance

July 25, 2025 24498 Views 0 comment Print

SCNs under Section 74 CGST Act must meet legal conditions. Courts allow dropping if fraud, misstatement, or suppression not proven. Know taxpayer rights.

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