Corporate Updates 04 April 2014

Company Law: 

The Principal Bench of Company Law Board, Delhi in one of the Judgment held that Where ex-director has resigned prior to appointment of provisional liquidator, he/she is not liable to compensate company-under-liquidation for non-recovery debts due to company by reason of non-furnishing of sufficient particulars/records by directors.

Income Tax: 

The income Tax has clarified that the income of a firm is to be taxed in the hands of the firm only and the same can under no circumstances be taxed in the hands of its partners. Accordingly, the entire profit credited to the partners’ accounts in the firm would be exempt from tax in the hands of such partners, even if the income chargeable to tax becomes NIL in the hands of the firm on account of any exemption or deduction as per the provisions of the Act.

Corporate Updates 03 April 2014

INCOME TAX: 
The Proposed Direct Tax Code 2013 allows Tax Audit not only by Chartered Accountant but also by Company Secretaries and Cost Accountants. Clause 88 of the Proposed Direct Tax code prescribes who needs to get the book audited under the direct tax code 2013 and it further says that the same needs to be audited by an accountant. The Term accountant is been defined in Clause 320(2) which says that accountant means Chartered Accountants, Company Secretaries, Cost Accountants any person having such qualifications as the Board may prescribe, for the purposes specified in this behalf.

Download: Proposed Direct Tax Code

SEBI: 
The Securities Appealate Tribunal, Mumbai in his recent judgement held where appellant failed to make disclosure of sale of pledged shares within two days of change in shareholding, appellant had violated PIT Regulations and guilty of Insider trading norms.

Corporate Updates 19 March 2014

Income Tax:

The High Court rules that where assessee gave gifts and articles to various persons which had company’s official rubber stamp imprinted on them, there was an element of advertisement in distribution of said gifts and, thus, assessee’s claim for deduction of expenses incurred on distributing gifts was to be allowed.

Income Tax:

The Supreme Court uphelds right of deductor to claim interest on excess TDS deposited. The assessee is entitled to payment of interest for money remaining with the Government which would be refunded.

Corporate Updates 15 March 2014

Reserve Bank of India: 

RBI has decided that the letter issued by the Unique Identification Authority of India (UIDAI) containing details of name, address and Aadhaar number may be accepted as an ‘Officially Valid Document’. Further, RBI has also advised Banks to accept Aadhaar letter as a proof of both identity and address while opening accounts if the address provided by the account holder is the same as that on Aadhaar letter. For detailed notification, Please click here

Income Tax:

The Income Tax Authority has clarified that for the purpose of determining residential status of a citizen in India as per Income Tax Act, 1961, the term ‘going abroad for purpose of employment’ means travelling abroad on business visa to take up any employment or for any business carried outside India.

Corporate Updates 14 March 2014

Income Tax: 

Same mobile number in maximum 4 assessee as primary contact number will be allowed in assessee login on IT e-filing site. However, Option has been given to provide mobile number of secondary contact like CA etc. with some additional details.

Company Law: 

Setting an example of company being a separate legal entity different from the Directors of the company, one of the Income Tax Authority in Allahabad held that where a private company which had unpaid outstanding tax dues for the previous years, such dues could not be recovered from director of said company if he/she proves that non recovery of tax due against company could not be attributed to any gross negligence, misfeasance or breach of duty on her part in relation to affairs of company

Corporate Updates 04 March 2014

INCOME TAX:

CPC (TDS) has introduced the convenience of online facility of PAN Verification on TRACES. With this feature, we will be able to validate the PANs with confidence for the purpose of recording and reporting your transactions in the TDS statements correctly. To avail the facility, it is requested to Login to TRACES and navigate to “Dashboard” to locate “PAN Verification” in the Quick Links menu. The functionality to download Consolidated TAN – PAN File has also been provided that includes all the PANs attached with the respective TANs. For get the detailed informatioin, please Click Here.

CUSTOMS ACT: 

CBEC amends Annexure-1 in Form A-1 (Application for Central Excise Registration), Includes ‘importer’ under Part I (Identification of business requiring registration) and also as a separate category under Serial No. 3. Further, notifies quarterly return form for registered importers w.e.f April 1, 2014 by issuing four separate notifications in this regard. To view all the four notifications, please Click Here

Corporate Updates 24 Feb 2014

INCOME TAX: 

The number of PAN Card holders in the country as on 17.2.2014 is 20.24 crores. Identification of bogus/duplicate PAN Card is an integral part of the data management system. In order to ensure that bogus PAN cards are not issued, the Income-tax Department has started capturing Aadhar number. So far, 9.73 lakhs PAN have been issued where Aadhar has been captured and seeded in PAN database for maintain uniqueness.

CBEC: 

As per Section 67A of the Finance Act, 1994 read with explanation to Section 14 of the Customs Act, 1962, rate of exchange for calculation of gross value of taxable service tax would be the rate, as determined by CBEC for the conversion of foreign currency into Indian currency or vice versa, applicable on the date on which taxable service has been provided or agreed to be provided. The Notification issued by CBEC in this context containing the Rates of Exchange is applicable from February 21, 2014.

Corporate Updates 21 Feb 2014

INCOME TAX: 

PAN Authorities have installed Interactive Voice Response (IVR) for all the applicants for knowing their status of PAN / TAN application and the same is now available at TIN call centre (TCC) in Hindi/English language. To check the status of your PAN / TAN application, the calls may be made at 020- 27218080.

RBI:

RBI asks AD banks to furnish statements on monthly basis for remittances made by NRIs out of NRO accounts including sale proceeds of immovable property provided the amount does not exceed USD one million per financial year (April-March). Earlier AD – Category I banks were required to furnish on a quarterly basis, to the Chief General Manager-in-Charge, Reserve Bank of India, Central Office, Mumbai-400001 within 10 days of the reporting quarter, a statement on the number of applicants and total amount remitted.

Corporate Updates 19 Feb 2014

RBI: 

RBI has amended External Commercial Borrowings (ECB)- Reporting Arrangements and issues new Form for ECBs to collect details of financial hedging and foreign earnings and expenditures. The format of ECB-2 Return has been modified (Part-E). The reporting in the modified ECB-2 Return (Copy Attached) will be applicable from the return of the month April 2014 onwards. There is no change in the reporting procedure and Corporate(s) raising ECB continue to submit ECB-2 Return on a monthly basis duly certified by the designated AD Category-I bank. To view & download the circular, CLICK HERE

INCOME TAX: 

The convention between the Government of the Republic of India and the Government of the United Kingdom of Great Britain and Northern Ireland for the avoidance of double taxation (DTAA) and the prevention of fiscal evasion with respect to taxes on income and capital gains has been by the Government of respective countries and same has been notified on 10-02-2014.

Corporate Updates 18 Feb 2014

RBI: 

RBI has amended FEM (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000, to encourage long term investors, the existing Commercial Paper sub-limit of USD 3.5 billion is reduced by USD 1.5 billion to USD 2 billion for foreign investment in India by SEBI registered FII, QFI and long term Investors to purchase, on repatriation basis Government securities and non-convertible debentures (NCDs)/bonds issued by an Indian company subject to such terms and conditions as mentioned therein and limits as prescribed for the same by RBI and SEBI from time to time. The balance USD 1.5 billion shall, however, continue to be part of the total Corporate debt limit of USD 51 billion and will be available to eligible foreign investors for investment in Corporate debt. All other existing conditions for investment in Corporate debt remain unchanged. To view and download the copy of the circular, CLICK HERE

INCOME TAX: 

Finance Minister Shri. P. Chidambaram presented Interim Union Budget 2014-2015 in Parliament on Monday, the 17th February, 2014. To view and download the Key Features of Budget 2014-2015, CLICK HERE