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MCA imposed Penalty for failure to issue and transfer shares in Demat form
Others
CA. Kavit Vijay

MCA imposed Penalty for failure to issue and transfer shares in Demat form

As per Section 29(1A) of Companies Act read with Rule 9A of The Companies (Prospectus and Allotment of Securities) Rules, 2014, every unlisted public company shall ensure that before issuance of any securities entire holding of securities of its promoters, directors, key managerial personnel has been dematerialised in accordance with provisions of the Depositories Act 1996. Further,  every shareholder of an unlisted public company is required to dematerialise its securities before transfer, if such transfer is made on or after 2nd October, 2018.

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Registration of entities for CSR Activities| All about Form CSR-1
Company Registration
CA. Kavit Vijay

Registration of entities for CSR Activities| All about Form CSR-1

The provisions of Corporate Social Responsibility (“CSR”) are incorporated under the Company Law to make companies more responsible towards betterment of the society and environment. All the companies which fulfill the specified criteria are required to spend 2% of their average profits, made during preceding 3 Financial Years, on the CSR Activities.

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eBRC system is revamped by DGFT
Exports
CA. Kavit Vijay

eBRC system is revamped by DGFT

Electronic Bank Realization Certification (eBRC) is a certificate issued by the bank certifying that payment is received in foreign currency against the export of service and goods. As per FEMA, exporters are required to receive payment against export of goods and services within a specified period of time. Timely receipt of foreign currency is a condition for issuance of GST refund as well.

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CBDT Orders Remission of Outstanding Direct Tax Demands of Earlier Year | Union Interim Budget 2024
Finance Budget
CA. Kavit Vijay

CBDT Orders Remission of Outstanding Direct Tax Demands of Earlier Year | Union Interim Budget 2024

While processing Income Tax returns of FY 2022-23, most of the taxpayers faced issue of delayed refund, refund put on hold on account of outstanding demand, refund adjusted against outstanding demand etc. During FY 2022-23, due to digitalisation of Income tax records of earlier year, the department uploaded various demands of earlier years (much prior to the years when Income tax return was started filing online).

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Income tax on transfer of unquoted equity shares at less than Fair Market Value (FMV)
Income Tax
CA. Kavit Vijay

Income tax on transfer of unquoted equity shares at less than Fair Market Value (FMV)

Transfer of shares of listed entities is quite a simple and fair process as the price of shares are available on the stock exchange and shareholders have no option to transfer shares at value other than price available on stock exchange. However, what about the unquoted or unlisted equity shares. Whether shareholders can transfer such shares at any price or is there any mechanism specified for the same?

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Key takeaways from Interim Budget, 2024
Finance Budget
CA. Kavit Vijay

Key takeaways from Interim Budget, 2024

During the year of the Central Election, Our present government has come up with an Interim Budget for FY 2024-25. All the financial schemes or Plans proposed in the Interim Budget are temporary until the final budget is presented by the new Government post elections.

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Deductions for purchases from MSE to be allowed on Payment basis| Amendment in Section 43B of Income Tax Act
Income Tax
CA. Kavit Vijay

Deductions for purchases from MSE to be allowed on Payment basis| Amendment in Section 43B of Income Tax Act

For the last many years the government has provided various benefits for MSME (Micro, Small and Medium Enterprises) to boost their business. A separate portal is provided for the entities to register themselves as MSME. MSMEs are encouraged through various benefits such as collateral free loans, subsidy on patent registration, Free ISO certification etc. To take data of dues outstanding to MSME, The Companies Act also introduced Form MSME-1 wherein every company is required to disclose funds outstanding to MSME for more than 45 Days.

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TDS Guidelines
TDS
CA. Kavit Vijay

Guidelines issued for TDS on payment by e-commerce operator

Finance Act, 2020 requires e-commerce operators to deduct TDS @ 1% on transactions made through e-commerce platforms. E-commerce operators are required to make such deduction at the time of credit of such amount to the account of e-commerce participant or at the time of payment, whichever is earlier.  The Central Board of Direct Taxes has earlier issued Guidelines for deduction of TDS under section 194-O(4) vide Circular no.17 of 2020 dated 29th September, 2020 and vide Circular No. 20 of 2021 dated 25th November, 2021. 

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