CORPORATE AND PROFESSIONAL UPDATE DEC 2016

CORPORATE AND PROFESSIONAL UPDATE OCT 12, 2016

Direct Tax:-

ITAT Mumbai held that the surplus/savings arising on prepayment of deferred cannot be taxed u/s 28(iv) as by making prepayment of future liability at present value no monetary benefit arises to assessee as the savings it made by prepayment would get set off against the interest it loses by making prepayment. [Grindwell Norton Ltd. Vs Addl. CIT]

CBDT has issued the Income Tax (24th Amendment) Rules, 2016 vide Notification No. 89/2016 dated 4/10/2016.These rules are regarding expenditure for obtaining right to use spectrum for telecommunication services.

CBDT has issued the Income Tax (25th  Amendment) Rules, 2016 vide Notification No. 90/2016 dated 5/10/2016.Form No. 68 notified to get immunity from penalty for underreporting and misreporting of income.CBDT also insert the rule 129 and Form no. 68.

CBDT has issued the Income Tax (26th  Amendment) Rules, 2016 vide Notification No. 91/2016 dated 06/10/2016.CBDT notified rules for allowability of Spectrum license fee paid by TeleCos.

IT: Transaction of shares – nature of income – business income or capital gain – magnitude of transactions carried out by the assessee in our view should not be very material in coming to the conclusion that income in question is income from business – Shree Padmasagar Exports Pvt. Ltd. Vs CIT, Cir-5, Kol (2016 (10) TMI 320 – ITAT Kolkata)

IT: Validity of reopening of assessment – Revenue in the instant case has come to the conclusive finding which attained finality that the transactions of purchase of shares are sham and bogus transactions camouflaged with an intention to evade taxes – Ratnakar M. Pujari Vs ITO, W-25(3)(3), Mumbai (2016 (10) TMI 316 – ITAT Mumbai)

Indirect Tax:-

Principle of lifting of the corporate veil – recovery of duty / tax from the director cannot be made merely on the basis of allegation . The test of fraudulent conduct not satisfied so as to attract the principle of lifting of corporate veil.High Court –VAT and Sales Tax.( Shri Harbhajan Singh Versus The Commissioner of Trade Tax, U.P. Lucknow)

 The petitioner cannot seek for cross examination of the officer who gave the report – the contention raised by the petitioner that they have to be permitted to cross examine the Chemical Examiner of the Central Laboratory is a misconceived plea – High Court – Customs-(M/s. Visal Lubetech Corporation, P. Karthikeyan Versus The Additional Commissioner of Customs)

ST: Suo motu adjustment of excess payment of service tax made in October 2008 with subsequent service liability – procedural violation – demand of service tax of the said amount is not sustainable – ONGC Ltd. Vs CCEC&ST, Surat-II (2016 (10) TMI 307 – CESTAT Ahmedabad)

CESTAT Chennai held that the Domestic Tariff Area (DTA) unit having paid the service tax on reverse charge mechanism on behalf of SEZ unit of the company, the portion of such tax attributable to the SEZ is denied by the adjudicating authority to avail CENVAT credit thereof. [M/s. Carborundum Universal Ltd. Vs CCE, LTU]

GST update:

Under GST Reverse charge provisions will be applicable in case of both goods & services in case of specified supplies and assessees.

Under GST In case of advance payment received from purchaser, pay tax proportionately and not on total amount of supplies to be made.

Under GST registration certificate issued to casual or non-resident dealer is valid for 90 days. Extension by another 90 days, on request.

Registration details of VAT, CST, Service Tax, Excise, IEC No, CIN/LLPIN, Entry tax, Entertainment Tax etc have to be given in GST Enrolment.

FAQ on Company Law:

Query: One of the director of our client company died in the car accident who was one director of only TWO Directors Company. Kindly tell us the procedure to fill the casual vacancy so arose as immediately as possible as the company as a whole is suffering due to this.

Answer: As per Section -161 of the Companies Act 2013, the articles of company confer on its Board of Directors the power to appoint any person, other than a person who fails to get appointed as a director in general meeting, as an additional director at any time who shall hold office upto the date of AGM or the last date on which AGM should have been held, whichever is earlier.

So, additional director can be appointed by the remaining director of the company  who shall hold office upto the date of AGM  & thus is required to be regularized in the forthcoming AGM of the company.

Query: Whether the members of the Institute of Company Secretaries of India, Institute of Chartered Accountants of India, Institute of Cost and Works Accountants of India are exempted from obtaining registration under Investment Adviser Regulations?

Answer: Members of the Institute of Company Secretaries of India, Institute of Chartered Accountants of India, Institute of Cost and Works Accountants of India who provide investment advice to their clients incidental to their professional services are exempted from obtaining registration under IA Regulations. For example :- An advice by a professional CA as a tax consultant to his tax client for investing in ELSS in the course of tax planning will be treated as incidental to his profession as a tax consultant. However, if they are engaged in providing investment advisory services in securities as an activity or business to clients or investors which is not incidental to their main activity then they are required to get registration as an investment adviser.

ICAI Updates:-

The Council, at its 359th meeting, held on September 16-17, 2016, has decided to withdraw the Guidance Notes on Availability of Revaluation Reserve for Issue of Bonus Shares[GN(A) 9 (Issued 1994)] and Guidance Notes on Accounting for Fringe Benefits Tax[GN(A) 20 (Issued 2005)] dated on 07/10/2016.

Application Guide on the Provisions of Schedule II to the Companies Act, 2013 is no longer effective as the Guidance Note on Accounting for Depreciation in Companies in the context of Schedule II to the Companies Act, 2013 has been issued.

SEBI UPDATE:

SEBI proposed a Consultative Paper titled ‘Corporate Governance Issues in Compensation Agreements’ to review the disclosure requirements under SEBI (LODR) Regulations, 2015.

ED: 10 OCT 2016 is the Last date for filing of Excise return in form ER-1 for the m/o SEP’ 2016

More updates;New TDS deduction No cash transactions exceeding 1 Crore -Section 194N

More updates:Deduction u/s 80CCD of Income Tax Act, 196

MCA update:-

  • MCA to withdraw eforms -INC-2 & INC-7 shortly. Stakeholders are advised to use SPICe forms- SPICe, SPICe eMoA & SPICe eAoA accordingly.

RBI Update:-

  • Reserve Bank has withdrawn its rule issued on Monday that imposed restrictions on deposits of old notes worth more than Rs.5000 before December 30 after being vilified for it.

Other Update:-

  • NIRC of ICAI is organizing a Seminar on IND AS on 24 December (Sat) at 9.45 AM at NDMC Convention Centre, CP, Delhi. Pay at www.nircseminars.org.

Read our articles:

 Key Dates:

ER-1 return for non ssi assessee for the month of September-10/10/2016

ER-2 return for EOUs for month of September-10/10/2016

Submission of ER-3 return by SSi unit for September quarter-10/10/2016

Issue of DVAT Certificate for Deduction made in Nov : 22.12.2016

An error becomes a mistake only when we refuse to accept and correct it.

“Always have a successful exit than a favorable entrance because what matters is not being clapped when we arrive but being remembered when we leave.”

“Always keep the Communication regular, because what disturbs the most is not the “Noise” of the strangers but the “Silence” of dear ones.”

May your troubles burst away like the fireworks and your happiness be multiple ten times, Happy Dussehra to you and your Family.”

We look forward for your valuable comments. www.carajput.com

FOR FURTHER QUERIES CONTACT US: W: www.carajput.com E: singh@carajput.com , 9-555-555-460

Rajput Jain & Associates

Rajput Jain & Associates is a Chartered Accountants firm, with it's headquarter situated at New Delhi (the capital of India). The firm has been set up by a group of young, enthusiastic, highly skilled and motivated professionals who have taken experience from top consulting firms and are extensively experienced in their chosen fields has providing a wide array of Accounting, Auditing, Taxation, Assurance and Business advisory services to various clients and their stakeholders. Rajput jain & Associates, a professional firm, offers its clients a full range of services, To serve better and to bring bucket of services under one roof, the firm has merged with it various Chartered Accountancy firms pioneer in diversified fields. We have associates all over India in big cities. All our offices are well equipped with latest technological support with updated reference materials. We have a large team of professionals other than our Core Team members to meet the requirements of our prospective clients including the existing ones. However, considering our commitment towards high quality services to our clients, our team keeps on growing with more and more associates having strong professional background with good exposure in the related areas of responsibility.

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