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Practical Aspects on Incorporation of Foreign Subsidiary Company In India & Indian Company Law on Names, Notary, Apostillation & Consularisation

July 28, 2021 27243 Views 4 comments Print

Practical Aspects On Incorporation of Foreign Subsidiary Company In India and The Indian Company Law on Names, Notary, Apostillation and Consularisation The Indian Companies Act, 2013 (Act) allows the incorporation of Subsidiary Company of Foreign Company in India. The Subsidiary Company of Foreign Company means either controls the composition of the Board of directors or […]

FAQs on Register of Members, Debenture Holders or Other Security Holders

July 28, 2021 17517 Views 0 comment Print

Important FAQs to Understand Register of Members, Debenture Holders or Any Other Security Holders {Section 88 of Companies Act, 2013 read with The Companies (Management and Administration) Rules, 2014} 1. Where is the Register of Members maintained under Companies Act, 2013?  Ans. Every Company shall maintain register of members from the date of its registration in […]

Is Retrospective Taxation an Abuse of Sovereign Right of States to Impose Taxes?

July 28, 2021 1509 Views 0 comment Print

India has gained an ill-reputation regarding its retrospective taxation laws in the past decade, especially due to the amendments made to Section 9 by the Finance Act, 2012. Retrospective operation of this amendment gave rise to three notable international tax disputes, namely the Vodafone International Holdings BV case, the Cairn Energy PLC case, and the […]

Mutual Agreement procedure – OECD Recommendation on Stage 2 Peer Review Reports regarding time limit

July 28, 2021 1053 Views 0 comment Print

The Double Taxation Avoidance Agreement (DTAA), inter alia, provide rules and mechanisms for allocation of taxing rights amongst the treaty partners; avoidance of economic and juridical double taxation; and resolution of taxation not in accordance with the treaty through the Mutual Agreement Procedure (‘MAP’).  MAP is an inbuilt and alternate tax dispute resolution mechanism available to the taxpayers under the DTAAs. It is […]

E-Way Bill under GST- Brief Analysis

July 28, 2021 2139 Views 0 comment Print

Need of E-Way Bill ? 1. Tracking Transportation of Goods (as GST is a Destination Based Tax System) 2. To Avoid Tax Evasion When E-Way Bill Needs to be Issue ? When ever there is Movement of Goods + Value of Goods Exceed 50,000 Note : 1. Value means TAXABLE VALUE of Goods is Inclusive […]

Bottleneck’s for seamless flow of Input Tax Credit under GST

July 28, 2021 2157 Views 0 comment Print

Background The Goods and Services Tax (GST) was implemented in India on 1st July, 2017. It has been four years since the GST unified most of the indirect taxes laws in India. As it subsumed multiple taxes such as service tax, central excise and value added tax with aims to eliminate the cascading effect of […]

Dividends of a foreign company received through its Indian depository are not taxable under Indo-Mauritius DTAA

July 28, 2021 4830 Views 1 comment Print

Recently, the Mumbai bench of ITAT has given its final order in the case of Morgan Stanley Mauritius Co. Ltd. v. DCIT,[1] holding that dividend payments made by a foreign company to its domestic depository which were subsequently transferred to IDR holders are not taxable in India under the Indo-Mauritius DTAA. Despite the dividend income […]

9 New functionalities deployed on the GSTN portal in July 2021

July 28, 2021 2046 Views 0 comment Print

New functionalities deployed on the GSTN portal in the month of July 2021 1. Submission of a complaint in case of misuse of PAN > Do a Search by PAN functionality on GSTN Portal and check all the registrations available/ taken in GST, linked to that PAN. > You can now submit an online complaint, in […]

Re-Registration under section 12AB for Trust/Institution

July 28, 2021 33291 Views 0 comment Print

Effective Date: All the existing trusts and institutions registered under section 12AA of Income Tax Act, 19861 shall re-register themselves under section 12AB w.e.f. 01.04.2021 Registration u/s 12AB: Registration granted u/s 12AB shall remain valid for 5 years. (3 years in case of provisional registration) Forms to be filled: Form 10A: (Last date of filling […]

Incorporation Procedure for Section 8 Company

July 28, 2021 3621 Views 0 comment Print

Procedure for incorporating section 8 companies: (1) Where it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be registered under this Act as a limited company— (a)  has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of […]

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