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CA Kamal Garg

Latest Articles


Signing of financial statements of Company under CIRP

Corporate Law : Corporate insolvency resolution process (CIRP) can be commenced when a corporate debtor commits a default – section 4(1) of ...

September 27, 2020 26562 Views 0 comment Print

Ind AS Accounting for foregoing MAT Credit pursuant to Section 115BAA

Income Tax : Consider a situation where RST Limited was a loss making company. Ind ASs were adopted by this company from the year 2016-17. Sinc...

June 26, 2020 28650 Views 2 comments Print

Tax on share premium received by closely held companies in excess of FMV

Income Tax : Issues that need to be addressed under clause (viib) of sub-section (2) of section 56: Cut off time to examine the status of Comp...

June 18, 2020 46835 Views 0 comment Print

Directors appointed by Central Government – what is their status !!!!

Company Law : The Supreme Court vide its Order on January 20, 2020, accepted the proposal of the Centre to take over the management control of e...

February 5, 2020 17979 Views 0 comment Print

Searching new Maharaja for The Air India !!

Finance : With an aim to create take off thrust for sale of ailing Air India, the Government on 27th January, 2020 (re)invited bids for a 10...

February 5, 2020 738 Views 0 comment Print


Conversion of Private Limited / Unlisted Public Company into LLP

December 22, 2014 12144 Views 3 comments Print

Krishna Govardhan Conversion of Private Limited Company/ Unlisted Public Company into Limited Liability Partnership Key Benefits: 1. One of the most important reasons for the conversion of a Company into a Limited Liability Partnership is derived from the Income Tax Act. The Income Tax Act, 1961 provides for Minimum Alternate Tax and payment of Dividend […]

Turnover under Companies Act, 2013 – whether a trajectory towards Cash Basis of accounting

November 27, 2014 69079 Views 3 comments Print

Section 2(91) of the Companies Act, 2013 defines turnover to mean the aggregate value of the realisation of amount made from the sale, supply or distribution of goods or on account of services rendered, or both, by the company during a financial year. This definition has used the words aggregate value of the realisation of amount made instead of aggregate value of the realisation of amount made or to be made

Rumbling Retail Trading Mantra – from Flipkart to Myntra

May 11, 2014 1205 Views 0 comment Print

From political gallerias to business colonnades, the FDI in Retail holds a perennial content to contention feature right from its nascent stages. This feature is rekindled when the recent news about Flipkart and Myntra was published in leading newspapers[1] about investigation being launched against them by the Enforcement Directorate

India to Converge With Global Financial Standards from April 2015

March 16, 2014 1394 Views 0 comment Print

CA Kamal Garg Convergence with International Accounting Standards (IASs)/International Financial Reporting Standards (IFRSs) issued by the International Accounting Standards Board (IASB) is getting its due weightage over a period of time and in the present context the convergence to IFRS is in the process of shaping up all over the world such that more than […]

Taxability Of Incomes And Expenses Under Foreign Collaborations

January 27, 2014 14270 Views 0 comment Print

The globalisation of economic reforms throughout the world has led to an increasing degree of inter-dependence between countries in the fields of technology, manpower, finance, etc. While drafting foreign collaboration agreements both parties have to necessarily take into consideration the tax laws in the respective countries. This is necessary so as to ensure, on the […]

Ignorance of law in not furnishing Section 92E Report – whether a reasonable cause for not levying penalty

October 31, 2013 8968 Views 0 comment Print

Under section 92E, every person who enters into an international transaction during a previous year is required to obtain a report from a chartered accountant and furnish such report on or before the specified date on the prescribed form. Rule 10E provides that the auditor’s report shall be in Form No.3CEB.

One Person Companies (OPC) Under Companies Act, 2013

October 24, 2013 9622 Views 0 comment Print

One Person Company means a company which has only one person as a member. It may be formed for any lawful purpose by one person as a private company by subscribing his name to a memorandum and complying which the requirements of this act in respect of registration.

Corporate Advisors Vis-À-Vis Their Professional Privilege

May 2, 2013 1723 Views 0 comment Print

The corporate advisors play a very vital and the core role for the companies in respect of various advisory activities including representation before authorities. The corporate advisors generally are chartered accountants, company secretaries, cost and management accountants, advocates, tax practitioners, etc.

CBDT Clarifications on Functional Profile of Development Centres engaged in Contract R&D Services with insignificant risk

April 30, 2013 1430 Views 0 comment Print

CA Kamal Garg TRANSFER PRICING: CBDT Clarifications on Functional Profile of Development Centres engaged in Contract R&D Services with insignificant risk – conditions relevant to identify such Development Centres

Compounding of offences under FEMA, 1999

January 26, 2013 10287 Views 0 comment Print

CA Kamal Garg The term ‘compounding’ has not been defined either in the Foreign Exchange Management Act, 1999 or the rules issued there under. However, inference can be drawn from the definition given in the Companies Act, 1956. It defines ‘compounding’ as: ‘Any offence punishable under the Act (whether committed by the company or any […]

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