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May 16, 2019

Interest for late payment of GST payable on gross tax liability and not after set-off of Input Tax Credit

<ul><li>Vide Decision Of High Court Of Telangana in Megha Engineering and Infrastructures Ltd. v. Commissioner of Central Tax</li></ul>   Facts of the case:   <ol><li>Case of the petitioner is that the GST portal is designed in such a manner that unless the entire tax liability is discharged, the system will not accept the return in Form GSTR-3B. For example, even if an assessee was entitled to set off to the extent of 95% by utilizing ITC, the return cannot be filed unless t.....

Jun 06, 2019

Article by our Partner M Siva Ram Prasad in ICAI Journal

Dear Sir/Madam,   We take immense pleasure in informing you that the article by our Partner Sri. M Siva Ram Prasad on "Loan Frauds and Forensic Audit" is published in Institute of Chartered Accountants of India Journal - June 2019. We are attaching a copy for your perusal. Below is the link to the article.   <a href="https://resource.cdn.icai.org/51943bosfinal-19-p7-cp7.pdf">https://resource.cdn.icai.org/51943bosfinal-19-p7-cp7.pdf</a> <!-.....

Jun 20, 2019

Amendment for Para 6 in Guidelines for launching of Prosecution in relation to offences punishable under the Customs Act, 1962-reg

Customs vide circular No. 12/2019-Customs dated 24-05-2019 amends para 6 of Circular no. 27/2015 which consists launching Prosecution immediately on completion of adjudication proceedings. But for some cases involving offences relating to items i.e. FCIN, arms, ammunitions and explosives, antiques, art treasures, wild life items and endangered species of flora and fauna may be preferably launched immediately after Issuance of Show Cause Notice (SCN). This Circular Includes that in case of involvement of Foreign National(s), Prosecution may be launched at the earliest, .....

Jun 21, 2019

Press Release on MoU between SEBI &MCA for Data Exchange

SEBI vide Press Release No. 15/2019 dated June 07, 2019prMou was signed between SEBI and Ministry of Corporate Affairs (MCA) on June 7, 2019 for data exchange.   <ul><li>MoU facilitate sharing of data and information on Automatic and regular basis which helps in Monitoring the happening corporate frauds.</li><li>MoU enables sharing of specific information like details of suspended companies, delisted companies, shareholding pattern from SEBI and Financial Statements filed with ROC, Return of Allotment of Shares and Audit Repor.....

Jun 21, 2019

Clarification on Transfer of Securities held in Physical form

SEBI vide Press Release No. 12/2019 declares that Transfer of shares held in physical form from April 01, 2019 shall be in Dematerialized form with a Depository.   Investor can still hold shares in physical form even after April 01, 2019. The Regulation is only on transfer of Share.   <a href="https://www.sebi.gov.in/media/press-releases/mar-2019/transfer-of-securities-held-in-physical-mode-clarification_42503.html">https://www.sebi.gov.in/media/press-releases/mar-201.....

Jun 21, 2019

Appointment of Chief Risk Officer (CRO) for NBFCs

RBI vide Notification No. RBI/2018-19/184 dated 16th May, 2019 has decided that NBFCs with Asset Size of more than Rs.50 Billion shall appoint a CRO with clearly specified Roles and Responsibilities with adequate Independence to ensure high levels of Risk Management.   Instructions for NBFCs in appointing a CRO and Roles of CRO are detailed in the circular.   <a href="https://rbidocs.rbi.org.in/rdocs/notification/PDFs/NT18493A8BC3E04424A89A29ED4D18C0B67FC.PD.....

Jun 21, 2019

Waiver of Charges on National Electronic Fund Transfer (NEFT) and Real Time Gross Settlement (RTGS) Systems

RBI vide Notification No. RBI/2018-2019/2018 dated June 11, 2019, RBI has decided that with effect from 1st July,   2019 processing charges and Time Varying charges levied by RBI on banks for NEFT and RTGS transactions   will be waived.   Banks are advised to pass on the benefits to their customers for NEFT and RTGS transactions with effect from 1st July, 2019.   <a href="https://rbidocs.....

Jun 21, 2019

Extension of Due date for filing TDS Returns in the State of Odisha

CBDT vide Order under section 119 of Income-Tax Act,1961, CBDT extended,   <ul><li>Due date for depositing Tax Deducted at Source (TDS) for the month of April,2019 from 7th May,2019 to 20th May,2019.</li><li>Due date for Filing of Quarterly statement of TDS for the Last Quarter of FY 2018-19 from 31st may, 2019 to 30th June, 2019, and </li><li>Due date for Issue of TDS Certificates in form 16 and 16A from 15th of June, 2019 to 15th of July, 2019.</li></ul> <!-- /wp:list --.....

Jun 21, 2019

Extension of Due Date for filing of TDS statement in Form 24Q

CBDT Vide Order under Section 119 of Income Tax Act, 1961, CBDT Extended due date for filing of   <ul><li>TDS statement in Form 24Q for FY 2018-19 from 31st May, 2019 to 30th June, 2019 and</li><li>TDS Certificate in Form 16 for FY 2018-19 from 15th June, 2019 to 10th of July, 2019.</li></ul>   It’s because of Revision of Form 24Q’s format and Consequent updating of the File Validation Utility for its online filing. <a href="https://www.incometaxindia.gov.in/Lists/Latest%20News/At.....

Jun 21, 2019

Belated Claim of Refund during the course of Assessment Proceedings which resulted into delay in granting of refund could not be a reason attributable to the assessee and couldn’t dismiss the payment of interest for the amount of refund delayed

<ul><li>Vide decision of High Court of Bombay in Commissioner of Income Tax V. Melstar Information Technologies Limited.</li></ul>   Facts of the Case:   <ol><li>The Assessee (Melstar) had not claimed certain expenditure before the assessing officer but eventually raised that claim before the Tribunal.</li><li>Where the Tribunal remanded back the proceedings to CIT(A) and the additional benefit claimed by the assessee was granted. This result Refund and also q.....

Jun 21, 2019

Appeal on Income Tax Appellate Tribunal (ITAT) on remanding back to Commissioner (Exemptions) regarding rejection of Application under section 80G (5)

<ul><li>Vide Decision of High Court of Allahabad in People Cause Foundation v. Income Tax Appellate Tribunal.</li></ul>   Facts of the Case:   <ol><li>The Appellant is a company registered under section 8 of Companies Act, 2013 and had obtained a certificate under section 12A of Income Tax act,1961 (the Act, 1961).</li><li>It also applied for Certificate Under Section 80G of the Act, 1961. The Application was dismissed, against which the Appellant preferred an appeal before IT.....

Sep 23, 2019

Waiving of to file FORM ITC-04 for Financial years 2017-18 & 2018-19

GST wide Notification no. 38/2019 dated 31st August, 2019 Waives to file FORM ITC-04 for period  from July,2017 to march,2019.   Inputs, Semi finished goods or capital goods shall be sent to the job worker under the cover of a challan issued by the principal(Registered Person) including where such goods are sent directly to job worker.   The Principal (Registered Person) is required to file FORM ITC-04 every quarter stating the said details. <!-- /wp:paragraph.....

Sep 23, 2019

Section 103 of Finance (No. 2) Act, 2019 coming into Force

GST Wide Notification No.39/2019 dated 31st August, 2019 appoints 1st September, 2019 as the date from which Section 103 of Finance Act (NO.2), 2019 will come into force. Section 103 inserts Section 54(8A) in CGST Act which states that the government may disburse the refund of the state tax in such a manner as may be prescribed.   .<a href="http://www.cbic.gov.in/resources/htdocs-cbec/gst/notfctn-39-central-tax-english-2019.pdf;jsessionid=E8B5417A96760713EDF3D0C82C3388C2">http://www.cbic.gov.in/resources//htdo.....

Sep 23, 2019

Parking of funds in Short Term Deposits of Scheduled Commercial Banks by Mutual Funds – Pending Deployment.

SEBI vide Circular no. SEBI/HO/IMD/ DF4/CIR/P/2019/093 dated August 16th, 2019 it is clarified that Trustees/Asset  Management Companies  (AMCs)shall  ensure  that  no funds of a scheme is parked in Short Term deposit (STD) of a bank which has invested in that scheme. Trustees/AMCsshall  also  ensure  that  the  bank  in  which a scheme  has STD do  not  invest in  the  said  scheme  until  the  scheme  has STDwith such Bank. <!-- /wp:paragraph -.....

Sep 23, 2019

Cash withdrawl at Point of Sale (PoS) Devices

RBI vide notification no. RBI/2019-20/50 dated August 29, 2019 reiterates the details regarding Cash withdrawl at PoSdeivces as the thing notified has not being implemented.   Cash can be withdrawn from PoS devices through all Debit Cards/Open loop prepaid Cards issued by banks which is limited to Rs.1,000 per day in Tier I and II centres and Rs.2000 per day in Tier III to VI Centres.   It can be charged to customers not more than 1% on the transaction amount. <!--.....

Sep 23, 2019

real Time Gross Settlement (RTGS) System – Increase in operating hours

RBI vide notification no. RBI/2019-20/46 dated August 21, 2019 decides to increase in operating hours of RTGS system.   At present, the RTGS system is available for customer transactions from 8:00 am to 6:00 pm and for inter-bank transactions from 8:00 am to 7:45 pm. In order to increase the availability of the RTGS system, it has been decided to extend the operating hours of RTGS and commence operations for customers and banks from 7:00 am.   <a hre.....

Sep 23, 2019

Exception to monetary limits for filing appeals specified in any circular issued under section 268A of the Income tax Act, 1961-reg (Specially on the basis of merit incases involved in organized Tax Evasion)

Income Tax vide Circular no. 23/2019 dated 6th September,2019 gives exception to monetary limits for filing of departmental appeals before Income Tax Appellate Tribunal(ITAT), High Courts and SLPs/appeals before Supreme Court.   Board has decided not withstanding anything contained in any circular issued under section 268A specifying monetary limits for filing of departmental appeals before ITAT/HC/SLPs/SC, appeals may be filed on merits as an exception to said circular, where board, by way of special order .....

Sep 23, 2019

Consolidated circular for assessment of start-ups

Income Tax vide circular no.22/2019 dated 30thAugust, 2019 consolidates all circulars regarding Assessment of startups.   Assessment of Start-ups:   Case-1:   Companies recognized by  Department for promotion of  industry and  international trade(DPIIT) which have filed  FORM No.2 and  whose cases are under “Limited Scrutiny” on the  single issue of applicability of section.....

Sep 23, 2019

Rectification of mistakes/errors in GSTR-3B manually

-           Vide Decision of High court of Andhra Pradesh in Panduranga Stone Crushers Vs. Union of India.   Facts of the case:   <ol><li>Applicant (panduranga stone crushers)for the months of July, 2017 to march, 2018 the petitioner submitted GSTR-3B returns through GST portal as required under law.</li><li>The Petitioner while claiming IGST Input, the petitioner is inadvertently and by mistake reported IGST i.....

Sep 23, 2019

Determination of location of State bench of tribunal is in domain of central government; role of state government is confined to determine place of area benches

-           Vide Decision of High court of Allahabad in Torque Pharmaceuticals (P.) Ltd. Vs Union of India.   Facts of the case:   <ol><li>The assessee filed a writ petition in respect of constitution of a Bench of Appellate Tribunal in Uttar Pradesh and had drawn the attention of the Court to the provisions of section 109(6) of Central Goods and Service Tax Act, 2017.</li></ol>  <!-- wp:parag.....

Oct 16, 2019

Filing of Annual return is made optional for businesses having turnover less than Rs. 2 crores

GST wide notification No. 47/2019 dated 09th October 2019 on the recommendations of the council notifies that registered persons whose aggregate turnover in a financial year does not exceed two crore rupees in respect of financial years 2017-18 and 2018-19, are having the option to furnish the annual return.   <a href="http://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-47-central-tax-english-2019.pdf;jsessionid=351C29506073E73E96266EFB7E2DB4A9">http://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn.....

Oct 16, 2019

Prescribing the due date for filing return in FORM-GSTR-3B for the months from October 2019 to March 2020

GST wide Notification no. 44/2019 dated 09th October, 2019 prescribes the due date for furnishing FORM-GSTR-3B for the months from October, 2019 to March, 2020 shall be furnished electronically through common portal, on or before the 20th day of the month succeeding such month.   <a href="http://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-44-central-tax-english-2019.pdf;jsessionid=92DCCE2341F99AB6331DC2C3BFF237D3">http://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-44-central-tax-english-2.....

Oct 16, 2019

Prescribing the due date for filing return in FORM-GSTR-1 for the registered persons (aggregate turnover upto 1.5 crores) for months from October, 2019 to March,2020

GST Wide Notification No. 45/2019 dated 09th October, 2019 prescribes the due date for furnishing FORM-GSTR-1 (details of outward supply of goods and/or services) for the registered person having turnover upto 1.5 croresfor the months from October, 2019 to December 2019 shall be furnished with in 31st January,2020 and for the months from January, 2020 to march, 2020 shall be furnished with in 30th April, 2020.   <a href="http://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-45-c.....

Oct 16, 2019

Prescribing the due date for filing return in FORM-GSTR-1 for the registered persons (aggregate turnover more than 1.5 crores) for months from October, 2019 to March,2020

GST Wide Notification No. 46/2019 dated 09th OCtober, 2019 prescribes the due date for furnishing FORM-GSTR-1 (deails of outward supply of goods and/or services) for registered persons having Turnover more than 1.5 crores for the months from October, 2019 to March, 2020 shall be furnished electronically through common portal till the eleventh day of the month succeeding such month.   <a href="http://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-46-central-tax-english-2019.pdf;jsessionid=188FA703E5BDB7F27E6.....

Oct 16, 2019

Change in Bank rate

RBI vide notification no. RBI/2019-20/77 dated October 04, 2019 it was announced as per the fourth Bi-monthly Monetary policy statement 2019-20 of October 04,2019 the bank rate is revised downwards by 25 basic points from 5.65% to 5.40%.   <a href="https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11705&Mode=0">https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11705&Mode=0</a> .....

Oct 16, 2019

Changes in Liquidty Adjustment Facillity – Repo and Reverse Repo rates

RBI vide notification no. RBI/2019-20/75 dated October 04, 2019 it was announced as per the fourth Bi-monthly Monetary policy statement 2019-20 of October 04,2019. It has been decided by the Monetary Policy Committee (MPC) to reduce the policy Repo rate under the Liquidity Adjustment Facility (LAF) by 25 basis points from 5.40% to 5.15%. Consequently the Reverse Repo rate under the LAF stands adjusted to 4.90%.   <a href="https://www.rbi.org.in/Scripts.....

Oct 16, 2019

Bharat Bill Payment system– Expansion of biller categories

RBI vide notification no. RBI/2019-20/61 dated September 16, 2019 it was announced as per Statement on Developmental and regulatory policies released with third Bi-monthly monetary policy statement 2019-20 of August 07, 2019 it has been decided to expand the scope and coverage of BBPS to include all categories of billers who raise recurring bills (except prepaid recharges) as eligible participants, on a voluntary basis.   <a href="https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11686&Mode=0">https://www.rbi.....

Oct 16, 2019

Clarification in respect of option exercised under section 115BAA of the income tax Act, 1961 inserted through the taxation laws (Amendment) Ordinance, 2019.

Income tax vide circular no. 29.2019 dated 2nd October, 2019.   Section 115BAA provides that,   <ul><li>A domestic company shall at its option to pay tax at a lower rale of 22 percent for any previous year relevant to the Assessment Year beginning on or after 1st April 2020, subject to certain conditions, including that the total income should be computed without claiming any deduction or exemption.</li><li>The option is required to be exercised by the company before the due d.....

Oct 16, 2019

Faceless Assessment for Income taxpayers launched

Income tax of India launched Faceless Assessment for taxpayers.   Centre Government had recently notified e-Assessment scheme to facilitate faceless assessment of income tax returns through completely electronic communication between tax officials and tax payers.   e-Assessment procedure:   <ul><li>Under the new system of faceless e-Assessment, tax payers will receive notices on their registered emails as well.....

Oct 16, 2019

Higher depreciation on certain motor cars, motor buses, motor lorries and motor taxies

Income Tax vide Notification no. 69/2019 dated 20th September, 2019 the Central Board of Direct Taxes, makes the following rules to further amend the Income-tax Rules, 1962 by changing Depreciation rates for  motor cars, motor buses, motor lorries and motor taxies. Changed depreciation rates are as follows:   <table class="wp-block-table"><tbody><tr><td> Block of assets </td><td> Depreciation allowed as per %tage of WDV </td></tr><tr><td> (i) Motor cars, other than.....

Oct 16, 2019

Amendment in Rule 2F [infrastructure debt fund for the purpose of exemption under section 10(47)

Income tax vide Notification no. 66/2019 Central Board of Direct Taxes(CBDT) omitted Rule 2F(5) of Income tax Rules, 1962.   Section 10(47) of Income tax Act, 1961 exempts income of an Infrastructure debt fund, set-up in accordance with rules prescribed in Rule 2F of Income tax Rules, 1962.   Rule 2F(5) in which it says “ an investor in the bond issued by Infrastructure debt fund being a non-resident, the original or initial maturity of bond, at time.....

Oct 16, 2019

Extension of due date for linking of pan with aadhar

Income Tax vide Notification no. 75/2019 dated 28th September, 2019 extends due date for linking PAN with aadhar from 30th September, 2019 to 31st December,2019.   <a href="https://www.incometaxindia.gov.in/communications/notification/notification_75_2019.pdf">https://www.incometaxindia.gov.in/communications/notification/notification_75_2019.pdf</a> .....

Oct 16, 2019

Extension of due date for filling of Income tax returns and tax audit reports for assesses covered under explanation(2) clause(a) to section 139(1) [companies and other than companies (firms)] Income tax vide order no. F.No. 225/157/2019/ITA.II Central Board of Direct Taxes extended due date for filing Income Tax Return and Tax audit report for Assessment Year 2019-20 for assesses covered under Explanation (2) (a) to section 139(1) [companies and other than companies (firms)] from 30th September, 2019 to 31st October, 2019.

Income tax vide order no. F.No. 225/157/2019/ITA.II Central Board of Direct Taxes extended due date for filing Income Tax Return and Tax audit report for Assessment Year 2019-20 for assesses covered under Explanation (2) (a) to section 139(1) [companies and other than companies (firms)] from 30th September, 2019 to 31st October, 2019.   However there is no extension of due date for purpose of Explanation 1 to section 234A (interest for defaults.....

Oct 16, 2019

Show-cause notice issued under section 26(1) of Prohibition of Benami Property Transactions Act, 1988 is not appealable under the court of law.

-         Vide Decision of High court of Delhi in Initiating officer Vs. Appellate tribunal under ther prohibition of Benami Property transactions.   Facts of the case:   <ol><li>Instant writ petition was filed challenging the order of the Appellate Tribunal.</li><li>The challenge raised was that no appeal could have been filed before the Appellate Tribunal against show-cause notice issued by the Adjudicating Authority u.....

Oct 16, 2019

Not releasing the refund of income tax for the reason of technical glitch in the system is not tenable.

<ul><li>Vide Decision of High Court of Bombay in Vodafone Idea Limited Vs. Commissioner of Income-tax</li></ul>   Facts of the Case:   <ol><li>This petition is filed for a direction to the respondents-the Income Tax authorities to refund an amount of Rs.149,98,21,407/- with statutory interest.</li><li>The petitioner is a public limited company and is engaged in providing telecommunication services. For the period relevant to assessment year 2014-15, the petitioner had suffered.....

Oct 16, 2019

Clubs cannot be treated as distinct from their members and there is no sale transaction between a club and its members. Hence, there can be no sales tax or service tax on supplies by club to its members

<ul><li>Vide decision of Supreme Court of India in State of West Bengal  vs. Calcutta club Limited.</li></ul>   Facts of the case:   <ol><li>The Assistant Commissioner of Commercial Taxes issued a notice to the respondent Club assessee apprising it that it had failed to make payment of sales tax on sale of food and drinks to the permanent members during the quarter ending 30-6-2002.</li><li>After the receipt of the notice, the respondent Club submitted a representation an.....

Jan 21, 2020

Reverse charge mechanism (RCM) on renting motor vehicles

GST vide Circular No. 130/2019 dated 31st December, 2019 Clarifies RCM on renting of motor vehicles.   <ul><li>GST applicability on renting of motor vehicles: Suppliers of service by way of renting of any motor vehicle designed to carry passengers where the cost of fuel is included in the consideration charged from the service recipient have an option to pay GST either at 5% with limited ITC (of input services in the same line of business) or 12% with full ITC. </li><li>By 37th GST council meeting, Sl.No......

Jan 21, 2020

Standard Operating Procedure to be followed in case of non-filers of returns

GST vide Circular No. 129/48/2019 dated 24th December 2019 clarifies the issue and to ensure uniformity in the implementation of the provisions of the law across field formations with respect to appropriate procedure to be followed in case of non-furnishing of return under section 39 (monthly returns) or 44 (annual return) or 45 (final return) of the CGST Act, 2017.   The clarification is as follows,   As per section 46 of the CGST Act, 2017, It is required .....

Jan 21, 2020

Enhancing security of Card Transactions

RBI vide notification no. RBI/2019-20/142 dated January 15, 2020, Reserve Bank of India has issued a regulation that,   The issuers of the card shall provide the following to all cardholders,   <ul><li>Facility to switch on/off and set/modify transaction limits (within the overall card limit, if any, set by the issuer) for all types of transactions - domestic and international, at PoS/ATMs/online transactions/ contactless transactions, etc.</li><li>The above facility on a 24x7.....

Jan 21, 2020

Reporting of Large Exposures to Central Repository of Information on Large Credits (CRILC) – Urban Co-operative Banks(UCBs)

RBI vide notification no. RBI/2019-20/125 dated December 27, 2019, it has been decided that Primary (Urban) Co-operative Banks (UCBs) having total assets of ₹500 crore and above as on 31st March of the previous financial year shall report credit information, including classification of an account as Special Mention Account (SMA), on all borrowers having aggregate exposures of ₹5 crores and above with them to Central Repository of Information on Large Credits (CRILC) maintained by the Reserve Bank. Aggregate exposure shall include all fund-based and non-fund based e.....

Jan 21, 2020

Clarifications in respect of prescribed electronic modes under section 269SU of the Income-tax Act, 1961

Income tax vide Circular no. 32/2019 dated 30th December, 2019.   A new provision namely Section 269SU was inserted in the Income-tax Act, 1961, vide the Finance (No. 2) Act 2019, which provides that every person having a business turnover of more than Rs 50 Crore shall mandatorily provide facilities for accepting payments through prescribed electronic modes.   Prescribed modes are as mentioned below which is in addition to the facility for other electronic .....

Jan 21, 2020

Relaxation of time-Compounding of Offences under Direct Tax Laws-One-time measure-Extension of Timeline up to 31.03.2020.

Income tax vide Circular No. 1/2020 dated 03rd January, 2020.   The CBDT has received references from the field formation, including requests made by the ICAI chapters, wherein, it has been brought to the notice of CBDT that the taxpayers could not avail the benefit of the one-time relaxation window due to genuine hardships.   With a view to give a final opportunity to such taxpayers, and to reduce the pendency of existing prosecution cases before the court.....

Jan 21, 2020

Annual System audit for Market Infrastructure Institutions (MIIs)

SEBI vide Notification No. SEBI/HO/MRD1/ICC1/CIR/P/2020/03 dated 07thJanuary, 2020 it provided,   <ul><li>Framework to conduct Annual System Audit of Market Infrastructure Institutions and </li><li>Terms of Reference (TOR) for System Audit Program</li><li>MIIs are also advised to maintain a list of all the relevant SEBI circulars/ directions/ advice, etc. pertaining to technology and compliance thereof, as per format enclosed in the Circular,</li><li>MIIs are advise.....

Jan 21, 2020

Regulation of management and advisory services by Asset Management Companies to Foreign Portfolio Investors

SEBI vide circular No. SEBI/HO/IMD/DF2/CIR/P/2019/155 dated 16thDecember, 2019 it has been decided that,   AMCs  may  provide  management  and  advisory  services  in  terms  of Regulation  24(b)  of MF  Regulations to FPIs  falling  under the  following categories of FPIs as specified in FPI Regulations:   <ul><li>Government  and  Government  related  investors  such.....

Jan 21, 2020

Stewardship Code with effect from 01.04.2020 for all Mutual Funds and all categories of AIFs, in relation to their investment in listed equities

SEBI vide circular No. CIR/CFD/CMD1/168/2019 dated 24th December 2019.   Previously, SEBI has already implemented principles on voting for Mutual Funds, which prescribed detailed mandatory requirements for Mutual Funds in India to disclose their voting policies and actual voting by Mutual Funds on different resolutions of investee companies.   SEBI along with the Insurance Regulatory and Development Authority of India (IRDAI) and Pension Fund Regulatory and Devel.....

Jan 21, 2020

SEBI signs Memorandum of Understanding on bilateral co-operation with the Astana Financial Services Authority, Kazakhstan

SEBI vide Press Release No. 30/2019 dated 23rd December 2019 it is published that the SEBI and the Astana Financial Services Authority (AFSA) have entered into a bilateral Memorandum of Understanding (MoU) for mutual co-operation and technical assistance.   The objective of the bilateral MoU is to strengthen cross border co-operation in the area of securities regulation. This will facilitate mutual assistance, contribute towards the efficient performance of the supervisory functions, and enable effective enf.....

Jan 21, 2020

Revised Return of Income of companies to be accepted by the authorities which are in case of scheme of arrangement for amalgamation etc.

It is incumbent upon Department to assess total income of successor in respect of previous assessment year after date of succession. Thus, where predecessor companies/transferor companies had been succeeded by appellants / transferee companies who had taken over their business along with all assets, liabilities, profits and losses etc. in the scheme of amalgamation, in view of provisions of section 170(1), Department was required to assess income of appellants after taking into account revised Returns filed after amalgamation of companies. <!-- /wp.....

Jan 21, 2020

Composite supply of goods and services and regular supply are differentiated.

A finding as regards composite supply must take into account supplies as effected at a given point in time on 'as is where is' basis. In particular instances where same taxable person effects a continuous supply of services coupled with periodic supplies of goods/services to be used in conjunction therewith, one could possibly view periodic supply of goods/services as composite supplies along with service that is continuously supplied over a period of time. These, however, are matters that will have to be decided based on facts in a given case and not in abstra.....

Feb 11, 2020

Budget Highlights 2020-21 - Direct Taxes

<ul><li>New and simplified personal income tax regime proposed wherein tax rates are as follows: </li></ul>   <table class="wp-block-table"><tbody><tr><td> Taxable Income (in Rs.) </td><td> Existing Tax Rates </td><td> New Tax Rates </td></tr><tr><td> 0 - 2,50,000 </td><td> Exempt </td><td> Exempt </td></tr><tr><td> 2,50,000 – 5,00,000 </td><td> 5% </td><td> 5% </td></tr><tr><td> 5,00,000 – 7,50,000 </td><td> 20% </td><td> 10%.....

Feb 11, 2020

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Feb 12, 2020

Budget Highlights 2020-21 - Indirect Taxes

<ul><li>Simplified GST returns with features like SMS based filing for nil return and improved input tax credit flow to be implemented from 1st April 2020 as a pilot run.</li><li>Customs duty raised on footwear to 35% from 25% and on furniture goods to 25% from 20%.</li><li>5% health cess to be imposed on the imports of medical devices, except those exempts from Basic Customs Duty.</li><li>Excise duty proposed to be raised on Cigarettes and other tobacco products. No change made in the duty ra.....

Feb 12, 2020

Budget Highlights 2020-21 - Fiscal Management

<ul><li>For the FY 2019-20:<ul><li>Revised Estimates of Expenditure: at Rs.26.99 lakh Crores.</li><li>Revised Estimates of Receipts: estimated at Rs.19.32 lakh Crores.</li></ul></li><li>For the year 2020-21:<ul><li>Nominal growth of GDP estimated at 10%.</li><li>Receipts: estimated at Rs.22.46 lakh Crores.</li><li> Expenditure: at Rs.30.42 lakh Crores.</li></ul></li><li> Fiscal deficit of 3.8% estimated in Revised Estimate 2019-20 and 3.5% for Budget Estimate 2020-21. </li></ul>   .....

Feb 12, 2020

Budget Highlights 2020-21 - Agriculture and Rural Economy

<ul><li>The government proposed an action plan to boost agriculture and farmers' welfare.</li><li>Kisan Rail to be set up by Indian Railways through PPP: <ul><li> To build a seamless national cold supply chain for perishables (milk, meat, fish, etc.).</li><li>Express and Freight trains to have refrigerated coaches.</li></ul></li><li>Krishi Udaan to be launched by the Ministry of Civil Aviation: <ul><li> Both international and national routes to be covered. </li><li> North-East.....

Feb 12, 2020

Budget Highlights 2020-21 - Education and skills

<ul><li>National Police University and National Forensic Science University proposed for policing science, forensic science, and cyber-forensics.</li><li>Degree level full-fledged online education program by Top-100 institutions in the National Institutional Ranking Framework.</li><li>Up to 1-year internship to fresh engineers to be provided by Urban Local Bodies.</li><li> The budget proposes to attach a medical college to an existing district hospital in Public-Private Partnership mode. .</li.....

Feb 12, 2020

Budget Highlights 2020-21 - Industry, Commerce and Investment

<ul><li>National Technical Textiles Mission: <ul><li> With four-year implementation period from 2020-21 to 2023-24.</li><li>At an estimated outlay of Rs 1480 crore.</li><li> To position India as a global leader in Technical Textiles. </li></ul></li><li>NIRVIKscheme for exporters to achieve higher export credit disbursement, which provides for:<ul><li> Higher insurance coverage. </li><li> Reduction in premium for small exporters. </li><li> Simplified procedure for claim settlem.....

Feb 12, 2020

Budget Highlights 2020-21 -Health

<ul><li>PM Jan Arogya Yojana (PMJAY): <ul><li> Viability Gap Funding (VGF) window (incentive scheme in which a certain percentage of the total capital cost is paid by the government) proposed for setting up hospitals in the Public-Private Partnership mode.</li><li> Aspirational Districts with no Ayushman empaneled hospitals to be covered in the first phase.</li></ul></li><li>Jan Aushadhi Kendra Scheme to offer 2000 medicines and 300 surgical in all districts by 2024. </li><li>TB Harega Desh Jeetega campaign la.....

Feb 12, 2020

Budget Highlights 2020-21 - Women Empowerment

<ul><li>Allocation of Rs. 35,600 crore for nutrition-related programs proposed for the FY 2020-21.</li><li>Rs. 28,600 crores proposed for women-specific programs.</li><li>The issue about the age of a girl entering motherhood – It is proposed to appoint a task force to present its recommendations in six months’ time. </li></ul> .....

Feb 12, 2020

Budget highlights 2020-21 - Financial Sector

<ul><li>Deposit Insurance and Credit Guarantee Corporation (DICGC) permitted to increase Deposit Insurance Coverage to Rs. 5 lakh from Rs.1 lakh per depositor.</li><li>NBFCs eligibility limit for debt recovery reduced from:<ul><li>Rs. 500 crore to Rs 100 crore asset size.</li><li> Rs 1 crore to Rs 50 lakh loan size.</li></ul></li><li> Government to sell its balance holding in IDBI Bank to private, retail and institutional investors through the stock exchange.</li><li>T.....

Feb 12, 2020

Budget Highlights 2020-21 - Infrastructure

<ul><li>A National Logistics Policy to be released soon to clarify roles of the Union Government, State Governments and key regulators.</li><li>Single window e-logistics market to be created.</li><li>Rs.1.7 lakh crore proposed for transport infrastructure in 2020-21.</li><li>Delhi-Mumbai Expressway and two other packages to be completed by 2023. Chennai-Bengaluru Expressway to be started.</li><li>Large solar power capacity to be set up alongside rail tracks, o.....

Feb 12, 2020

Budget Highlights 2020-21 - Culture and Tourism

<ul><li>An Indian Institute of Heritage and Conservation under Ministry of Culture proposed with the status of a deemed University.</li><li>5 archaeological sites to be developed as iconic sites with on-site Museums:<ul><li> Rakhigarhi (Haryana) </li><li> Hastinapur (Uttar Pradesh)</li><li> Shivsagar (Assam)</li><li> Dholavira (Gujarat)</li><li> Adichanallur (Tamil Nadu)</li></ul></li><li>Museum on Numismatics and Trade to be located in the historic Old Mint building in Kolkata.</li><li> Government to provide support for <str.....

Feb 12, 2020

Budget Highlights 2020-21 - Others

<ul><li>Government to sell a part of its holding in LIC by way of Initial Public Offer (IPO).</li><li>Fiber to the Home (FTTH) connections through Bharatnet to link 100,000-gram panchayats this year. Rs.6000 crore proposed for the Bharatnet program in 2020-21.</li><li> For recruitment to Non-Gazetted posts in Government and Public sector banks, an independent, professional and specialist National Recruitment Agency (NRA) for conducting a computer-based online Common El.....

Feb 21, 2020

Introduction of Standard Operating Procedure (SOP) to be followed by exporters

GST vide Circular No. 131/2020 dated 23rd January 2020 directs a Standard Operating Procedure (SOP) to be followed by exporters to mitigate the risk of monetization of credit fraudulently obtained or ineligible credit through a refund of Integrated Goods & Service Tax (IGST) on exports by creating fake invoices.   <a href="http://cbic.gov.in/resources//htdocs-cbec/gst/circular-cgst-131-new.pdf">http://cbic.gov.in/resources//htdocs-cbec/gst/circular-cgst-131-new.pdf</a> .....

Feb 21, 2020

Guidelines on Merchant Acquiring Business – Regional Rural Banks

RBI vide notification no. RBI/2019-20/156 dated February 06, 2020, Reserve Bank of India has been decided to allow RRBs to provide mobile banking services and to act as merchant acquiring banks using Aadhaar Pay – BHIM app and POS terminals.   In this connection, the guidelines are as under:   <ul><li>The RRB should have permission for mobile banking from the Reserve Bank of India.</li></ul>   Additional conditions: <!-- /wp:para.....

Feb 21, 2020

Guidelines for Restructuring of Advances in Micro, Small and Medium Enterprises (MSME) sector

RBI vide notification no. RBI/2019-20/160 dated February 11, 2020, it has been decided to extend the one-time restructuring of MSME advances.   Accordingly, a one-time restructuring of existing loans to MSMEs classified as 'standard' without a downgrade in the asset classification is permitted, subject to the following conditions:   <ul><li>The aggregate exposure, including non-fund based facilities, of banks and NBFCs to the borrower does not exceed ₹25 crores as on January.....

Feb 21, 2020

Modification of Guidelines of Interest Subvention Scheme for MSMEs and exempting Udhyog aadhar number (UAN)

RBI vide notification no. RBI/2019-20/155 it has been decided by the Government of India to bring modifications in the operational guidelines which are as follows:   <ul><li>Submission of statutory auditor certificate by June 30, 2020, and in the meantime, settle claims based on internal/concurrent auditor certificate.</li><li>Acceptance of claims in multiple lots for a given half-year by eligible institutions.</li><li>Requirement of Udyog Aadhar Number (UAN) may be dispensed with for units eligible for GST. For the Unit not r.....

Feb 21, 2020

The procedure of PAN allotment through Common Application Form (CAF) along with registration of Foreign Portfolio Investors (FPls) with SEBl under the Department of Economic Affairs and KYC for opening Bank and Demat Account.

Income tax vide Notification No. 11/2020 dated 7th February 2020 directed a procedure for allotment of PAN by Foreign portfolio Investors.   A Common Application Form (CAF) for the purpose of registration, opening of bank and Demat accounts and application for Permanent Account Number (PAN) has been notified for the Foreign Portfolio Investors (FPls).   Application for allotment of Permanent Account Number (PAN) will be uploaded in CAF as specified by the SE.....

Feb 21, 2020

Exemption from clubbing of investment limit for foreign Government agencies and its related entities regarding Foreign portfolio investors

SEBI vide Circular No. IMD/FPI&C/CIR/P/2020/07 dated 16thJanuary, 2020 it amended the that regarding “Foreign Portfolio Investors”, certain foreign Government agencies and its related entities are exempt from clubbing of investment limit requirements and other investment conditions either by way of an agreement or treaty with other sovereign governments or by an order of the Central Government.   <a href="https://www.sebi.gov.in/legal/circulars/jan-2020/exemption-from-clubbing-of-investment-limit-for.....

Feb 21, 2020

Performance review of the commodity derivatives contracts by Recognised Stock Exchange

SEBI vide circular No. SEBI/HO/CDMRD/DNPMP/CIR/P/2020/21 dated 04thFebruary, 2020 it has been decided to have a framework to evaluate the performance of Derivative contracts based not merely on statistics regarding delivery and trade volumes but also on the strength of a comprehensive empirical assessment after considering all relevant information, pertaining to the performance of a derivative contract during the relevant period of time.   Framework for performance review is as follows: <!-- .....

Feb 21, 2020

Currency Future and Options Contracts (involving Indian Rupee) on Exchanges in International Financial Services Centres (IFSC)

SEBI vide circular No. SEBI/HO/MRD2/DCAP/CIR/P/2020/17 dated 03rd February 2020, it has been decided that for currency futures and options contracts involving Indian Rupee (with settlement in foreign currency), the position limits for eligible market participants, per currency pair per stock exchange, shall be as follows:   <ul><li>Trading Members (positions on proprietary basis as well as clients’ position) - Gross open position across all contracts not to exceed 15% of the total open interest or USD 1 bi.....

Feb 21, 2020

SEBI develops an online system for detecting misuse of clients’ securities by brokers

SEBI vide Press Release No. 05/2020 dated 13th February 2020 it is published that the SEBI has developed an in – house online system by which it would be able to prepare client level securities holding register of the brokers.   <ul><li>SEBI collects the details of the clients’ securities submitted in weekly report filed by brokers with the Exchanges and updates the same with trades conducted in the accounts of said clients using the data available with SEBI in Data Warehousing and Business Intelligence System (.....

Feb 21, 2020

Changes in Forms to be filed with MCA for Incorporation of company, Registration with EPFO and others

MCA vide Notification dated 6th February 2020 issued Companies incorporation and amendment rules, 2020. MCA has introduced a new web service for Reservation of Name called SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32) available at <a href="http://www.mca.gov.in">www.mca.gov.in</a> for further simplification of incorporation of companies.   There is an existing form called AGILE for registration at Employees’ Provident Fund Organisation (EPFO) is replace.....

Feb 21, 2020

Changes in requirements to appoint a Whole-time Company Secretary for certain companies and applicability of Secretarial Audit.

From the Companies (Appointment and Remuneration) Rules, 2014:   Rule 8A which specifies the requirement of a whole-time company secretary for certain companies has been amended.   Private companies having paid-up share capital of >/= Rs. 10 Crores shall have a Whole-time Company secretary.   This amendment is applicable in respect of Financial years commencing on or after 1st April 2020. <!-- /wp:para.....

Feb 21, 2020

Applicability of Section 460 of Companies Act, 2013 to Limited liability Partnerships

From The Gazette of India it has been notified that Section 460 of Companies Act, 2013 shall be applicable to Limited Liability partnerships (LLPs).   Section 460 is about the condonation of delay in certain cases can be accepted by the Department if the reasons for such delay are provided in writing to the adjudicating Authority which does not lead to the payment of penalty (can be called as a waiver of such penalties for genuine delays in Filing of required forms).   .....

Feb 21, 2020

Unutilized credit under MODVAT scheme does not qualify for deductions under section 43B

<ul><li>Vide Decision of Supreme court of India in Maruthi Suzuki India Limited Vs. Commissioner of Income Tax</li></ul>   Facts of the case:   <ol><li>The Assessee, a Company, has been engaged in the manufacturing and sale of various Maruti Cars and also trades in spares and components of the vehicles. It acquires exiceable raw materials and inputs which are used in the manufacturing of the vehicles.</li><li>The assessee had also been taking benefit of MODV.....

Feb 21, 2020

Section 129 is a complete code for the purpose of addressing all violations committed in transit leading to detention, seizure, and release of goods and brings within its sweep all such contraventions, irrespective of the gravity of the violation itself.

<ul><li>Vide decision of High Court of Madras in Ideal Movers (P.) limited vs. State tax Officer.</li></ul>   Facts of the case:   <ol><li>The Petitioner is a transporter and had been engaged to transport a consignment.</li><li>The consignment was accompanied by invoices and an E-way bill.</li><li>E- way bill was generated on 12-01-2020 and valid till 16-01-2020. As the lorry had broke-down and parked in a garage with damage in the gearbox. There was a delay in the repair due .....

Oct 17, 2020

Valuation of Supply in case of lottery run by the state government

GST vide Notification No. 08/2020 dated 2nd March 2020 determines the value of supply of a lottery shall be deemed to be 100/128 of the face value of the ticket or of the price as notified in the Official Gazette by the Organising State, whichever is higher.   <a href="http://cbic.gov.in/resources//htdocs-cbec/gst/notfctn-08-central-tax-english-2020.pdf">http://cbic.gov.in/resources//htdocs-cbec/gst/notfctn-08-central-tax-english-2020.pdf</a> .....

Oct 17, 2020

Implementation of Indian Accounting Standards to Non-Banking Financial Companies(NBFCs)

RBI vide notification no. RBI/2019-20/170 dated March 12, 2020, it has been issued that NBFCs are required to comply with Indian Accounting Standards (Ind AS) for the preparation of their financial statements. To promote high quality and consistent implementation as well as facilitate comparison and better supervision, the RBI has framed regulatory guidance on Ind AS given in the Annexure to the Notification which will be applicable on Ind AS implementing NBFCs and Asset Reconstruction Companies (ARCs) for preparation of their financial statements from the financial ye.....

Oct 17, 2020

Limits on exposure to single and group borrowers/parties and large exposures and Revision in the target for priority sector lending – Urban Co-operative Banks (UCBs)

RBI vide notification no. RBI/2019-20/171 dated March 13, 2020, it has been decided to reduce concentration risk in the exposures of primary UCBs, and to further strengthen the role of UCBs in promoting financial inclusion, it is proposed to amend certain regulatory guidelines relating to UCBs.   Prudential exposure limits:   <ul><li>In the Previous Circular, Primary UCBs were permitted to have exposures up to 15 percent and 40 percent of their capital funds to a single borrow.....

Oct 17, 2020

Income Tax deduction from salaries during FY 2019-20

Income tax vide Circular No. 04/2020 dated 16th January 2020 directed that there is no requirement of deduction of tax for employees who are having an estimated salary income after considering the value of perquisites of Rs. 2,50,000/-(<60 years) or Rs. 3,00,000/-(60 to 80 years) or Rs.5,00,000/-(>80 years).   This corrigendum to the above circular clarifies it as the estimated salary income including the value of perquisites is taxable after giving effect to the exemptions, deductions, and relief as appl.....

Oct 17, 2020

Clarifications on provisions of the Direct tax Vivad Se Viswas Bill, 2020

Income tax vide Circular No. 7/2020 dated 4th March 2020 provides a FAQ(Frequently Asked Questions) list for a simple understanding of the applicability of vivad se viswas scheme for the existing appeals of taxpayers under several authorities and also many other questions regarding the scheme. Follow the link for the whole circular.   <a href="https://www.incometaxindia.gov.in/communications/circular/circular_no_7_2020.pdf">https://www.incometaxindia.gov.in/communications/circular/circular_no_7_2020.pdf</a>.....

Oct 17, 2020

Condonation of delay in filing Return of Income by the Charitable Institutions

Income tax vide Circular No. 06/2020 the CBDT has decided that the Commissioners of income tax are authorized to accept the condonation of delay in filing Return of Income for the A.Ys 2016-17, 2017-18 and 2018-19 by the Charitable Institutions.   <a href="https://www.incometaxindia.gov.in/communications/circular/circular_no_6_2020.pdf">https://www.incometaxindia.gov.in/communications/circular/circular_no_6_2020.pdf</a> .....

Oct 17, 2020

SEBI launches mobile application for lodging investor grievances

SEBI vide Press Release No. 14/2020 dated 05th March 2020 announces that it launches a mobile application for the convenience of investors to lodge their grievances in SEBI Complaints Redress System (SCORES). This is to reduce the sending letters to SEBI in physical mode. It states,   <ul><li>The Mobile Application has all the features of SCORES which is presently available electronically where investors have to lodge their complaints by using the internet mediums. </li><li>After mandatory registration on th.....

Oct 17, 2020

Amendments to guidelines for the rights issue, preferential issue and institutional placement of units by an InvIT ( infrastructure Investment Trus) & Real Estate Investment Trust (REIT)

SEBI vide circular No’s. SEBI/HO/DDHS/DDHS/CIR/P/2020/35 & 36 dated 13th March,2020 it has issued amendments to guidelines for the rights issue and Preferential issue and Institutional placement of units by a listed InvIT/REIT   <a href="https://www.sebi.gov.in/legal/circulars/mar-2020/amendments-to-guidelines-for-rights-issue-preferential-issue-and-institutional-placement-of-units-by-a-listed-invit_46311.html">https://www.sebi.gov.in/legal/circulars/mar-2020/amendments-to-guidelines-for-rights-issue-p.....

Oct 17, 2020

Clarification to Operating Guidelines for Investment Advisers in International Financial Services Centre (IFSC)

SEBI vide circular No. SEBI/HO/IMD/DF1/CIR/P/2020/31 dated 28th February 2020, it has been decided that   for  currency futures  and options contracts involving Indian Rupee (with settlement in foreign currency), the position limits for eligible market participants, per currency pair per stock exchange, shall be as follows:   <ul><li>Trading Members (positions on a proprietary basis as well as clients’ position) - Gross open position across all contracts not to exceed 15% of the total open inte.....

Oct 17, 2020

Filing of forms to the registrar by the Insolvency Professional (Interim Resolution Professional (IRP) or Resolution Professional (RP) or Liquidator appointed under Insolvency Bankruptcy Code, 2016 (IBC, 2016).

MCA vide General Circular No. dated 6th Marche 2020 issued clarifications for statutory compliances in respect of companies under corporate Insolvency Resolution Process (CIRP) which are as below,   <ol><li>The IRP/RP/Liquidator would have to first file the NCLT order approving him as the IRP/ RP/ Liquidator in Form INC-28.</li><li>The Master Data for change in the status of the company from "Active"/ "inactive" to CIRP/ Liquidation or CIRP/Liquidation to "Active" shall be effected on the basis of F.....

Oct 17, 2020

Where assessee's application as to whether it was liable to pay tax on buy-back of shares under section 115-O was pending before AAR, impugned communication addressed by department treating assessee to be 'assessee-in-default' on account of non-payment of tax was to be treated as show-cause notice and, thus, the matter was to be remanded back for disposal on merits

<ul><li>Vide Decision of Supreme court of India in Cognizant Technology Solutions India (P.) Ltd. Vs. Deputy Commissioner of Income Tax</li></ul>   Facts of the case:   <ol><li>The department addressed a communication to assessee that payments made to shareholders, under the purchase of shares through a scheme of 'arrangement and compromise' was dividend within the meaning of section 2(22)(d)/2(22)(a), requiring it to remit tax to the Government account under .....

Oct 17, 2020

Where charge over the property was created much prior to the issuance of the recovery notice under Rule 2 of Schedule II to the Income-tax Act, it would remain valid through the sale of the property was conducted after issuance of attachment order by tax recovery officer.

<ul><li>Vide decision of Supreme court of India in Connectwell Industries (P.) Ltd. Vs Union of India</li></ul>   Facts of the case:   <ol><li>The Appellant filed the Writ Petition in the High Court of Judicature at Bombay seeking a restraint order against the Tax Recovery Officer for enforcing the attachment made under the Income Tax Act, 1961 for recovery of the dues. The Writ Petition was dismissed by the High court, aggrieved by which the Appeal has been filed.</li><li>Bio.....

Oct 17, 2020

Exempting Foreign Airlines from furnishing reconciliation statement in FORM GSTR – 9C

GST vide Notification No. 09/2020 dated 17th March 2020 determines that the foreign companies in the airline business shall not be required to furnish GSTR-9C. Provided that a statement of receipts and payments for the financial year in respect of its Indian Business operations, duly authenticated by a practicing Chartered Accountant in India or a firm or a Limited Liability Partnership of practicing Chartered Accountants in India is submitted for each GSTIN by the 30th September of the year succeeding the financial year.  <!-- wp.....

Oct 17, 2020

special procedure for corporate debtors undergoing the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016

GST vide Notification Nos. 11/2020 & 39/2020 dated 21st March 2020 & 5th May respectively notifies that those registered persons, who are corporate debtors under the provisions of the insolvency bankruptcy code, 2016 undergoing the corporate insolvency resolution process and the management of whose affairs are being undertaken by interim resolution professionals (IRP) or resolution professionals (RP), as the class of persons who shall follow the following special procedure from the date of the appointment of IRP/RP till the period they und.....

Oct 17, 2020

Covid-19 regulatory package

RBI vide notification Nos. RBI/2019-20/186 dated 27 March 2020 regulatory measures were announced to mitigate the burden of debt servicing brought about by disruptions on account of COVID-19 pandemic and to ensure the continuity of viable businesses.   The details Instructions were given regarding (i) Reschedulement of payments – Term Loans and Working Capital limits, (ii) Easing of working capital financing, (iii) Classification as Special Mention Account (SMA) and Non-performing Asset (NPA) and (iv) other condition.....

Oct 17, 2020

Investment by Foreign portfolio investors (FPI): Investment limits

RBI vide notification Nos. RBI/2019-20/199 & RBI/2019-20/214 dated March 30, 2020 & April 15 respectively, issues directions to the Authorised Directory category-1 banks regarding investment limits for FY 2020-21 by FPIs in debt instruments.   Investment Limits for FY 2020-21:   <ol><li>The limit for FPI investment in corporate bonds is increased to 15% of outstanding stock for FY 2020-21.</li></ol>  <!-- wp:paragraph.....

Oct 17, 2020

Doorstep banking services for senior citizens and differently-abled persons

RBI vide notification no. RBI/2019-20/203 dated March 31, 2020, it has been advised to incorporate the following aspects in their board-approved policy for doorstep banking services for senior citizens and differently-abled persons,   <ol><li>Banks shall offer the doorstep banking services on a pan India basis. Banks should develop a Board approved framework for determining the nature of branches/centers where these services will be provided mandatorily and those where it will be provided on a best effort basi.....

Oct 17, 2020

Export of goods and services – Realisation and repatriation of Export proceeds- relaxation.

RBI vide notification no. RBI/2019-20/206 dated April 01, 2020, it has been decided that to increase the present period of realization and repatriation to India of the amount representing the full export value of goods or software or services exported, from nine months to fifteen months from the date of export, for the exports made up to or on July 31, 2020. Provisions in regard to the period of realization and repatriation to India of the full export value of goods exported to warehouses established outside India remain unchanged.  <!-- wp:.....

Oct 17, 2020

Declaration of Dividend by banks

RBI vide notification no. RBI/2019-20/218 dated April 17, 2020, considering the uncertainty caused by COVID-19 which requires banks to conserve capital to retain their capacity to support the economy and absorb losses, it has been decided that all banks shall not make any further dividend payouts from the profits pertaining to the financial year ended March 31, 2020, until further instructions. This restriction shall be reassessed by the Reserve Bank based on the financial results of banks for the quarter ending September 30, 2020.  <!-- wp:p.....

Oct 17, 2020

Import of goods and services – Extension of time limits for settlement of Import payment.

RBI vide notification no. RBI/2019-20/242 dated May 22, 2020, it has been decided to extend the time period for completion of remittances against such normal imports (except in cases where amounts are withheld towards the guarantee of performance, etc.) from six months to twelve months from the date of shipment for such imports made on or before July 31, 2020.   <a href="https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11900&Mode=0">https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11900&Mode=0</a>.....

Oct 17, 2020

Electronic Cards for Overdraft Accounts

RBI vide notification no. RBI/2019-20/225 dated April 23, 2020, it has been decided to permit banks to issue electronic cards to natural persons having Overdraft Accounts that are only in the nature of personal loan without any specific end-use restrictions. The card shall be issued for a period not exceeding the validity of the facility and shall also be subject to the usual rights of the banks as lenders.   <ul><li>The electronic card for Overdraft Accounts in the nature of personal loans shall be allowed to be used for dome.....

Oct 17, 2020

Clarification of option under section 115BAC of the income tax act, 1961

Income tax vide Circular No. C1/2020 dated 13th April 2020 issues clarifications raised regarding exercising of Section 115BAC of the income tax act, 1961.   Section 115BAC of the income tax act, 1961 provides that a person, being an individual or a Hindu undivided family having income other than income from business or profession, may exercise an option in respect of a previous year to be taxed under the said section 115BAC   for each year at the concessio.....

Oct 17, 2020

Abeyance of certain clauses in Form-3CD (tax audit report).

Income tax vide Circular No. 10/2020 dated 24th April 2020 it has been decided that the reporting under clause 30C and clause 44 of the Tax Audit Report shall be kept in abeyance till 31st March 2021.   Clause 30C of Tax Audit Report deals with the impermissible avoidance arrangements entered by the assessee during the previous year.   Clause 44 of the Tax Audit Report deals with the Break-up of the total expenditure of entities registered or not registered .....

Oct 17, 2020

Clarification in respect of residency under section 6 of the Income-tax Act, 1961.

Income tax vide Circular No. 11/2020 dated 8th May 2020 the CBDT has decided that the for the purpose of determining the residential status under section 6 of the Act during the previous year 2019-20 in respect of an individual who has come to India on a visit before 22nd March 2020 and:   <ul><li>has been unable to leave India on or before 31st March 2020, his period of stay in India from 22nd March 2020 to 31st March, 2020 shall not be taken into account, or</li><li>has been quarantined in India on account of Nove.....

Oct 17, 2020

Clarification in respect of prescribed electronic modes under section 269SU of the income tax act, 1961.

Income tax vide Circular No. 12/2020 dated 20th May 2020 it is hereby clarified that the provisions of section 269SU of the Act shall not be applicable to a specified person having only B2B transactions (i.e. no transaction with retail customer/consumer) if at least 95% of the aggregate of all amounts received during the previous year, including the amount received for sales, turnover or gross receipts, are by any mode other than cash. Section 269SU section requires every person carrying on business and having sales/turnover/gross receipts from the business .....

Oct 17, 2020

Relaxation from compliance to REITS and InvITs due to the CoVID-19 virus Pandemic

SEBI vide circular No’s. SEBI/HO/DDHS/DDHS/CIR/P/2020/42 dated 23rd March 2020 it has been decided to extend the due date for regulatory filings and compliances for REIT and InvIT for the period ending March 31, 2020, by one month over and above the timelines.   <a href="https://www.sebi.gov.in/legal/circulars/mar-2020/relaxation-from-compliance-to-reits-and-invits-due-to-the-covid-19-virus-pandemic_46398.html">https://www.sebi.gov.in/legal/circulars/mar-2020/relaxation-from-compliance-to-reits-and-invits-.....

Oct 17, 2020

Investment by the sponsor or Asset Management company in the scheme

SEBI vide circular No. SEBI/HO/IMD/DF4/CIR/P/2020/100 dated 12th June 2020, it has been decided that the sponsor or asset management company is required to invest not less than one percent of the amount which would be raised in the new fund offer or fifty lakh rupees, whichever is less in such option of the scheme, as may be specified by the Board. It has also been decided that the above-referred investment shall be made in the growth option of the scheme. For such schemes where the growth option is not available the investment shall be made in the dividen.....

Oct 17, 2020

Participation of mutual Funds in commodity derivatives market in India

SEBI vide circular No. SEBI/HO/IMD/DF2/CIR/P/2020/96 dated 05th June, 2020, it has been decided that No Mutual fund schemes shall invest in physical goods except in ‘gold’ through Gold Exchange Traded Funds (ETFs). However, as mutual fund schemes participating in Exchange Traded Commodity Derivatives (ETCDs) may hold the underlying goods in case of physical settlement of contracts, in that case, mutual funds shall dispose of such goods from the books of the scheme, at the earliest, not exceeding the timeline prescribed below,  .....

Oct 17, 2020

Framework for Regulatory Sandbox

SEBI vide circular No. SEBI/HO/MRD-1/CIR/P/2020/95 dated 05th June 2020 it has been decided to introduce a framework for “Regulatory Sandbox”.   Through previous circulars dated may 20, 2019 stipulated a framework for an industry-wide Innovation Sandbox, whereby FinTech startups and entities not regulated by SEBI were permitted to use the Innovation Sandbox for offline testing of their proposed solution.   Further, this circular SEBI now ha.....

Oct 17, 2020

Clarification on the spending of Corporate Social Responsibility (CSR) Funds for COVID-19

MCA vide General Circular No. 10/2020 dated 23rd March 2020 is hereby clarified that spending of CSR funds for COVID-19 is eligible CSR Activity.   Funds may be spent on various activities related to COVID-19 under item nos. (i) and (xii) of Schedule VII relating to the promotion of health care, including preventive health care and sanitation, and, disaster management.   <a href="https://companylaw.taxmann.com/circulars-notifications.aspx?t=qs">https://comp.....

Oct 17, 2020

Special measure under Companies Act, 2013 and Limited Liability Partnership Act, 2008 in view of COVID-19 breakout

MCA vide General Circular No. 11/2020 dated 24th March 2020, it has been decided to reduce their compliance burden and other risks.   Reliefs given were as follows:   <ol><li>No additional fees shall be charged for late filing during a moratorium period from 01st April to 30th September 2020, in respect of any document, return, statement, etc., required to be filed in the MCA-21 Registry, irrespective of its due date.</li><li>The mandatory requireme.....

Oct 17, 2020

Clarification on contribution to PM-CARES Funds as eligible CSR Activity

MCA vide office memorandum F No. CSR-05/1/2020-CSR-MCA dated 28th March 2020, has been clarified that any contribution made to the PM CARES Fund shall qualify as CSR expenditure under the Companies Act 2013.   <a href="https://companylaw.taxmann.com/circulars-notifications.aspx?t=qs">https://companylaw.taxmann.com/circulars-notifications.aspx?t=qs</a> .....

Oct 17, 2020

Where State Government undertaking is engaged in wholesale and retail trade of beverages within State, levy of Gallonage Fee, Licence Fee and Shop Rental (kist) with respect to FL-9 licences granted with respect to wholesale of foreign liquor will clearly fall within purview of Section 40(a)(iib) and, hence, amount paid in this regard is liable to be disallowed while similar amounts paid with respect to FL-1 licences granted with respect to retail business in foreign liquor is not an exclusive levy on appellant and, hence, not liable to be disallowed; Surcharge on sales tax and turnover tax is not a 'fee or charge' coming within scope of Section 40(a)(iib) and is not an amount which can be disallowed under said provision

<ul><li>Vide Decision of High court of Kerala in Kerala State Beverages (Manufacturing and Marketing) Corporation Limited Vs. Assistant Commissioner of Income Tax.</li></ul>   Facts of the case:   <ol><li>Appellant is a company registered under the Companies Act, engaged in wholesale and retail trade of beaverages within the State of Kerala, and is a 'State Government Undertaking' falling within the 'Explanation' provided under section 40(a)(iib) of the Income.....

Oct 17, 2020

The assessing officer or the appellate authority while exercising the power of appeal or stay of the assessment proceedings under section 226 of the Income Act 1961 are enjoined obligation to give regard and respect to the directions of the Hon’ble High Court. In other words, it would not be necessary that the payment of 20% can be dispensed with only if there is an order of the high court.

<ul><li>Vide decision of High Court of Kerala in Aranattukara Oriental Service Co-Operative Bank Ltd. Vs Commissioner of Income Tax</li></ul>   Facts of the case:   <ol><li>Petitioner is a primary Co-operative Agricultural Credit Society registered under the Kerala Co-operative Societies Act. Petitioner is an assessee on the file of the Commissioner of Income tax. While so, the Commissioner issued a notice under Section 156 of the Income tax Act pertaining to the assessment ye.....

Oct 17, 2020

Where during Income-tax search and seizure proceedings, Assessing Officer stumbled upon contraband substance, it did not amount to seizure under Narcotic Drugs and Psychotropic Substances Act, 1985 and thus it could not be that search and seizure operation by officer was not empowered or authorized under NDPS Act and was without mandate of law

<ul><li>Vide decision of High Court of Bombay in Ananth Vardhan Pathak Vs Union of India</li></ul>   Facts of the case:   <ol><li> On 7-1-2014, a search and seizure operation was conducted by Income Tax Department at a particular room in Taj Palace Hotel, Mumbai in connection with affairs of Yash Birla Group Companies. Applicant, who was President of Corporate Affairs of said group was found in said room along with co-accused.</li><li>In course of said se.....

Oct 17, 2020

Where appellant's claim for input tax credit on purchase of materials had been denied by Additional Commissioner on ground that vendors had not paid tax collected from appellant to revenue, order of Additional Commissioner was to be set aside and matter was restored to file of Additional Commissioner for fresh consideration.

<ul><li>Vide decision of High Court of Karnataka in Aequs S.E.Z. (P.) Limited vs. Commissioner of Commercial taxes.</li></ul>   Facts of the case:   <ol><li>The appellant is a private limited company engaged as a developer of SEZ units, maintenance and operation of infrastructure facility. </li><li>The appellant had filed monthly returns in VAT-100 for the tax periods 2010-11. On verification of the same, the Prescribed Authority noticed that the appellant had claimed input ta.....

Oct 17, 2020

Extension of due date for filing Form-GSTR-04

GST vide Notification No. 64/2020 dated 31st August, 2020 extends due date for filing of form GSTR-04 to 31st of October 2020.   <a href="https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-64-central-tax-english-2020.pdf">https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-64-central-tax-english-2020.pdf</a> .....

Oct 17, 2020

Extension of due date by furnishing of form GSTR-3B for supply made in the month of August,2020 for taxpayers with annual turnover up to Rs.5 Crores.

GST vide Notification Nos. 54/2020 dated 24th June, 2020, it has been issued that for tax payers having turnover upto Rs. 5 crores based on their principal place of business due date for filing of form GSTR-3B has been extended to October 1, 2020 and October 3, 2020 respectively(basis for Principle place of business is in the original notification accessed through link).   <a href="https://www.cbic.gov.in/resources//htdocs-cbec/gst/notfctn-54-central-tax-english-2020.pdf">https://www.cbic.gov.in/resources/.....

Oct 17, 2020

Fair Practices code for Asset reconstruction companies

RBI vide notification Nos. RBI/2020-21/13 dated 16 July, 2020 Asset Reconstruction Companies(ARCs) are advised to adopt regulatory measures were announced ‘Fair Practices Code’ so as to ensure transparency and fairness in their operation. Guidelines are annexed to the notification, which can be found through the following link.   <a href="https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11937&Mode=0">https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11937&Mode=0</a> .....

Oct 17, 2020

Loans against Gold Ornaments and Jewellery for Non-Agriculture End-Uses

RBI vide notification Nos. RBI/2020-1/19 dated August 06, 2020, issues With a view to further mitigate the economic impact of the Covid19 pandemic on households, entrepreneurs and small businesses, it has been decided to increase the permissible loan to value ratio (LTV) for loans against pledge of gold ornaments and jewellery for non-agricultural purposes from 75 per cent to 90 per cent. This enhanced LTV ratio will be applicable up to March 31, 2021 to enable the borrowers to tide over their temporary liquidity mismatches on account of COVID 19. Accordingly, fresh.....

Oct 17, 2020

Opening of current accounts by banks – Need for Discipline

RBI vide notification no. RBI/2020-21/20 dated August 06, 2020 has been reviewed and revised instructions on opening of current accounts by banks.   They are as under:   <ol><li>No bank shall open current accounts for customers who have availed credit facilities in the form of cash credit (CC)/ overdraft (OD) from the banking system and all transactions shall be routed through the CC/OD account.</li><li>Where a bank’s exposure to a borrower is less than 10 p.....

Oct 17, 2020

Online Dispute Resolution (ODR) System for Digital Payments

RBI vide notification no. RBI/2020-21/21 dated August 06, 2020 issued advisory to  authorised Payment System Operators (PSOs) to put in place system/s for ODR for resolving disputes and grievances of customers.   To begin with, authorised PSOs shall be required to implement an ODR system for disputes and grievances related to failed transactions in their respective payment systems by January 1, 2021. The PSOs shall provide access to such a system to its participating members i.e., Payment System Participants (PSPs.....

Oct 17, 2020

System based asset classification – Urban Co-Operative Banks (UCBs)

RBI vide notification no. RBI/2020-21/23 dated August 12, 2020 it has been decided to implemented system-based asset classification (i.e. Automated) in urban co-operative banks (UCBs) in order to improve the efficiency, transparency and integrity of the asset classification process.   Instructions are as under:   <ul><li>UCBs having total assets of ₹2000 crore or above as on March 31, 2020 shall implement system-based asset classification with effect from June 30, 2021.</li>.....

Oct 17, 2020

One Time relaxation for Verification of tax-returns for the assessment years 2015-16, 2016-17, 2017-18, 2018-19 anf 2019-20 which are pending due to non filing of ITV-V form and processing of such returns.

Income tax vide Circular No. 13/2020 dated 13th July, 2020 issues one time relaxation for verification of tax returns for the assessment years as mentioned above which are pending due to non-filing of ITR-V form and processing of such returns.   <ul><li>In respect of an Income-tax Return (ITR) which is filed electronically without a digital signature, the taxpayer is required to verify it using any one of the following modes within the time limit of 120 days from date of uploading the ITR:<ul><li>Through Aadhaar OTP.....

Oct 17, 2020

CBDT provides ITR filing compliance check functionality for scheduled commercial banks

Income tax vide Notification no. 71/2020 dated 31-08-2020 issues orders to scheduled commercial banks for furnishing information about IT return filing status.   As the data on cash withdrawal indicated that huge amount of cash is being withdrawn by the persons who have never filed income-tax returns. To ensure filing of return by these persons and to keep track on cash withdrawals by the non-filers, and to curb black money, the Finance Act, 2020 w.e.f. 1st July, 2020 further amended Income-tax Act, 1961 to lower the t.....

Oct 17, 2020

Acceptance of payment through prescribed electronic modes – Imposition of charge on the prescribed electronic modes

Income tax vide Circular No. 16/2020 dated 30-08-2020 issues orders to immediately refund the charges collected, if any, on or after 1st January, 2020 on transactions carried out using the electronic modes prescribed under section 269SU of the Income Tax Act and not to impose charges on any future transactions carried through the said prescribed modes.   Government in order to encourage digital transactions and move towards a less-cash economy, the Finance (No. 2) Act 2019 inserted a new provision namely section 269SU .....

Oct 17, 2020

Conducting meeting of unitholders of InvITs and REITs through Video Conferencing (VC) or through other audio-visual means (OAVM)

SEBI vide circular No. SEBI/HO/DDHS/DDHS/CIR/P/2020/102 dated 22nd June 2020 clarified that InvITs/ REITs may conduct the meeting of unitholders through VC or OAVM by following the procedure specified in Annexure to the circular (can be accessed through the link).   The facility of VC or OAVM shall be available for the annual meeting of unitholders in terms of InvIT Regulations and REIT Regulations, to be conducted during the calendar year 2020. For meetings, other than the annual meeting of un.....

Oct 17, 2020

Use of Digital Signature Certifications for Authentication /Certification of filings/submissions made to Stock Exchanges

SEBI vide circular No. SEBI/HO/CFD/CMD1/CIR/P/2020/145dated 31st July 2020, it has been permitted for authentication /certification of any filing/submission made to stock exchanges under the Listing Obligations and Discosure Regulations may be done using digital signature certifications till December 31, 2020. This Circular shall apply for filings/submissions made from July 1, 2020.   <a href="https://www.sebi.gov.in/legal/circulars/jul-2020/use-of-digital-signature-certifications-for-authentication.....

Oct 17, 2020

Procedural Guidelines for Proxy Advisors

SEBI vide circular No. SEBI/HO/IMD/DF1/CIR/P/2020/147 dated 03rd August 2020, Procedural gudelines for proxy advisors has been issued.   As per SEBI (Research Analyst) Regulations, 2014 mandates proxy advisors to abide by Code of Conduct specified therein. It is decided that proxy advisors shall also comply with the following procedural guidelines:   <ul><li>Proxy Advisors shall formulate  the voting recommendation policies and disclose the  updated voting.....

Oct 17, 2020

Grevience Resolution between listed entities and proxy advisers

SEBI vide circular No. SEBI/HO/CFD/CMD1/CIR/P/2020/119dated 04th August, 2020 in order to facilitate resolution of such grievances of listed entities against SEBI registered proxy advisors, the listed entities may approach SEBI. SEBI will examine the matter for non-compliance by proxy advisors with the provisions of the Code of Conduct under SEBI (Research Analyst) Regulations, 2014 and the procedural guidelines for proxy advisors. This circular shall be applicable with effect from January 01, 2021(as per circular No. SEBI/HO/CFD/CMD1/CIR/P/2020/159 da.....

Oct 17, 2020

Resources for Trustees of Mututal Funds

SEBI vide circular No. SEBI/HO/IMD/DF4/CIR/P/2020/0000000151 dated 10th August, 2020 providing administrative assistance to trustees in monitoring various activities of the AMCs.   It is decided that,   <ul><li>Trustees shall appoint a  dedicated officer having professional qualification and minimum 5 years of experience in finance and financial services related field.<ul><li>The officer so  appointed, shall be employee of the  Trustees and directly r.....

Oct 17, 2020

Review of Debt and Money Market Securities Transactions Disclosure w.r.t Mutual Funds and Asset Management companies

SEBI vide circular No. SEBI/HO/IMD/DF4/CIR/P/2020/163 dated 01st September 2020 In order to further enhance transparency, it is now decided that the details of debt and money market securities transacted (including inter scheme transfers) in its schemes portfolio shall be disclosed on daily basis with a time lag of 15 days in a revised format as prescribed in Annexure A (can be accessed through Link). This Circular shall come into effect from October 01, 2020.  <!-- wp:paragrap.....

Oct 17, 2020

Relaxation of Additional fees and extension of last date of filing CRA-4 (form for filing of cost Audit Report) for FY 2019-20 under the Companies Acr, 2019

MCA vide General Cirular No. 29/2020 dated 10th September 2020, In view of the disruption caused due to the pandemic, it has been that if cost audit report for the FY 2019-20 by the cost auditor to the Board of directors of the companies shall be submitted by November 30, 2020. Consequently, the Cost Audit report for the financial year ended 31st March, 2020 shall be filed in e-form with CRA-04 with in 30 days from the date of receipt of the copy of the cost audit report by the company. However, if the company has availed extension of time for ho.....

Oct 17, 2020

General order for extension of time to hold AGM for F.Y. 2019-20

MCA vide Press Release Dated, 08th September 2020, extending the timeline for holding Annual General Meeting till December 31st from September 30th due to COVID-19.   <a href="https://companylaw.taxmann.com/circulars-notifications.aspx?t=qs">https://companylaw.taxmann.com/circulars-notifications.aspx?t=qs</a> .....

Oct 17, 2020

Income Tax I : Where assessee engaged in business of manufacturing ATMs and distribution of NCR books products, took a premises on lease for a period of three years and incurred expenditure on improvement of said premises such as improvement of interiors and electrical works, ceiling work for networking of computers in connection with set up of office etc., expenditure so incurred was to be allowed as revenue expenditure Income Tax II: ATM can be regarded as a computer and thus it is eligible for higher rate of depreciation Income Tax III: Where assessee changed revenue recognition method during relevant assessment year, in view of fact that departmental authorities failed to prove that changed method was not correct and it distorted profits of relevant year, impugned order passed by Assessing Officer rejecting new method of accounting was not sustainable

<ul><li>Vide Decisions of High court of Karnataka in Commissioner of income tax Vs. NCR Corporation (p.) limited.</li></ul>   Facts of the case:   <ol><li>Assessee is engaged in the business of manufacture of automated teller machines (ATMs) and distribution of NCR book products and commissions in India.</li><li>The assessee filed the return of income on 1-12-2003 declaring taxable income of Rs. 4,66,32,670/-. The return was processed under section 143(1) and was selected for .....

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