To provide you with a richer communication experience, WhatsApp is now accessible both on your phone and your computer. WhatsApp Web is a computer based extension of the WhatsApp account on your phone. The messages you send and receive are fully synced between your phone and your computer, and you can see all messages on […]
How to access WhatsApp from Computer/ Laptop
To provide you with a richer communication experience, WhatsApp is now accessible both on your phone and your computer. WhatsApp Web is a computer based extension of the WhatsApp account on your phone. The messages you send and receive are fully synced between your phone and your computer, and you can see all messages on both devices. Any action you take on the phone will apply to WhatsApp Web and vice versa. At this time, WhatsApp Web is available only for Android, Windows Phone, Nokia S60, BlackBerry and BB10 smartphones.WhatsApp Web is not another WhatsApp account. When you use WhatsApp on your computer and your phone, you are simply accessing the same account on these two devices.
There are a few minimum requirements to enjoy WhatsApp Web:
- You need to have an active WhatsApp account on your phone.
- You need to have a stable internet connection on both your phone and your computer.
- You need to use Google Chrome as your web browser. (Other browsers are not currently supported). Link to download Google Chrome onto your computer – https://www.google.com/chrome/browser/desktop/
To get started with WhatsApp Web you must first pair your phone and computer:- Visit web.whatsapp.com on your computer.
- Open WhatsApp on your phone and go to Menu > WhatsApp Web.
- Scan the QR Code on your computer.
From your phone, navigate to WhatsApp Web to view your Logged in computers or to logout from an active WhatsApp Web session.
NOTE: To avoid data usage charges on your phone, we recommend that you are always connected to Wi-Fi when using WhatsApp Web. (Source- Whatsapp.com)
PFA
S. 2(22)(e) has to be construed strictly. If assessee is not a shareholder of lending co, s. 2(22)(e) does not apply even if funds are ultimately paid by Co in which assessee is a shareholder
The assessee received loan from one NS Fincon Pvt. Ltd. The Revenue seeks to tax this loan as deemed dividend. The case of the Revenue was that one Lafin Financial Services Pvt. Limited had advanced money to NS Fincon Pvt. Ltd. who in turn advanced money to the Assessee. The Assessee a 50% share holder of Lafin Financial Services Pvt. Limited and in view thereof, loan advanced by NS Fincon Pvt. Ltd. to the Assessee is to be treated as a dividend in the hands of the Assessee. It is the admitted position that the Assesee is not a share holder in NS Fincon Pvt. Ltd. The AO brought to tax the amount of loan received by the Assesee from NS Fincon Pvt. Ltd. as deemed dividend under Section 2 (22)(e) of the Act. This was deleted by the CIT(A) and the Tribunal. On appeal by the department to the High Court HELD dismissing the appeal:
The submission on behalf of the Revenue made before us is that one has to look at the substance of the transaction and that if one looks at the substance, then the Assessee would be chargeable to tax. This is not acceptable as fiscal status have to be interpreted strictly. Section 2 (22)(e) of the Act creates a fiction by bringing to tax an amount as dividend when the amount so received is otherwise then dividend. On a strict interpretation of Section 2(22)(e) of the Act, unless the Assessee is the shareholder of the company lending him money, no occasion to apply it can arise (CIT v/s. Vatika Township 2015 (1) SCC 1, CIT v/s. Universal Medicare Pvt. Ltd. 324 ITR 263 CIT v/s. Impact Containers Pvt. Ltd. 367 ITR 346 followed)
PFA
S. 2(15)/ 10(23C)(iv): If the definition of "charitable purpose" is construed literally, it is violative of the principles of equality & unconstitutional. If the dominant object is not to carry on business or trade or commerce, then an incidental or ancillary activity for which a fee is charged does not destroy the character of a charitable institution
The DGIT (E) passed an order stating that though the assessee is engaged in "the advancement of any other object of general public utility" as per s. 2(15) of the Act, its object could not be regarded as "charitable purposes" due to the new proviso to s. 2(15) and that it was not eligible for exemption u/s 10(23C)(iv). It was held that as the assessee had huge surpluses in banks, it had given its space for rent during Trade Fairs and Exhibitions, it had received income by way of sale of tickets and income from food and beverage outlets in Pragati Maidan, etc, the assessee was rendering service to a large number of traders and industrialists in relation to trade, commerce and business and was, therefore, hit by the expanded list of activities contained in the proviso to Section 2(15). It was further observed that the service of allotting space and other amenities like water, electricity and security, etc. to the traders to conduct their exhibitions fell within the ambit of any activity of rendering any service in relation to trade, commerce or business. The assessee filed a writ petition claiming that the First Proviso to s. 2(15), as amended by the Finance Act, 2008, is arbitrary and unreasonable and violative of Article 14 of the Constitution of India. HELD by the High Court:
(i) It is apparent that merely because a fee or some other consideration is collected or received by an institution, it would not lose its character of having been established for a charitable purpose. It is also important to note as to what is the dominant activity of the institution in question. If the dominant activity of the institution was not business, trade or commerce, then any such incidental or ancillary activity would also not fall within the categories of trade, commerce or business. It is clear from the facts of the present case that the driving force is not the desire to earn profits but, the object of promoting trade and commerce not for itself, but for the nation – both within India and outside India. Clearly, this is a charitable purpose, which has as its motive the advancement of an object of general public utility to which the exception carved out in the first proviso to Section 2(15) of the said Act would not apply;
(ii) If a literal interpretation were to be given to the said proviso, then it would risk being hit by Article 14 (the equality clause enshrined in Article 14 of the Constitution). It is well-settled that the courts should always endeavour to uphold the Constitutional validity of a provision and, in doing so, the provision in question may have to be read down;
(iii) Section 2(15) is only a definition clause. The expression "charitable purpose" appearing in Section 2(15) of the said Act has to be seen in the context of Section 10(23C)(iv). When the expression "charitable purpose", as defined in Section 2(15) of the said Act, is read in the context of Section 10(23C)(iv) of the said Act, we would have to give up the strict and literal interpretation sought to be given to the expression "charitable purpose" by the revenue;
(iv) Conclusion: The expression "charitable purpose", as defined in Section 2(15) cannot be construed literally and in absolute terms. It has to take colour and be considered in the context of Section 10(23C)(iv) of the said Act. It is also clear that if the literal interpretation is given to the proviso to Section 2(15) of the said Act, then the proviso would be at risk of running foul of the principle of equality enshrined in Article 14 of the Constitution India. In order to save the Constitutional validity of the proviso, the same would have to be read down and interpreted in the context of Section 10(23C)(iv) because, in our view, the context requires such an interpretation. The correct interpretation of the proviso to Section 2(15) of the said Act would be that it carves out an exception from the charitable purpose of advancement of any other object of general public utility and that exception is limited to activities in the nature of trade, commerce or business or any activity of rendering any service in relation to any trade, commerce or business for a cess or fee or any other consideration. In both the activities, in the nature of trade, commerce or business or the activity of rendering any service in relation to any trade, commerce or business, the dominant and the prime objective has to be seen. If the dominant and prime objective of the institution, which claims to have been established for charitable purposes, is profit making, whether its activities are directly in the nature of trade, commerce or business or indirectly in the rendering of any service in relation to any trade, commerce or business, then it would not be entitled to claim its object to be a 'charitable purpose'. On the flip side, where an institution is not driven primarily by a desire or motive to earn profits, but to do charity through the advancement of an object of general public utility, it cannot but be regarded as an institution established for charitable purposes (Info Parks Kerala v. Deputy Commissioner of Income-tax (2010) 329 ITR 404 (Ker) and Andhra Pradesh State Seed Certification Agency v. Chief Commissioner of Income-tax-III, Hyderabad 256 CTR 380 (AP) dissented from).
FAQs on the provisions of Corporate Social Responsibility under Section 135 of the Companies Act 2013 and Rules thereon The ICAI hosted on its website exposure draft of Frequently Asked Questions(FAQs) on the provisions of Corporate Social Responsibility (CSR) under Section 135 of the Companies Act 2013 and Rules thereon.
FAQs on provisions of Corporate Social Responsibility
FAQs on the provisions of Corporate Social Responsibility under Section 135 of the Companies Act 2013 and Rules thereon
The ICAI hosted on its website exposure draft of Frequently Asked Questions(FAQs) on the provisions of Corporate Social Responsibility (CSR) under Section 135 of the Companies Act 2013 and Rules thereon.
The background of these Frequently Asked Questions (FAQs) is to give clarifications regarding treatment of Corporate Social Responsibility (CSR) spending in the books of accounts and disclosures in the Financial Statements. It is important to note that these FAQs are guidance to such interpretation and have to be read in the light of the clarifications issued by the Ministry of Corporate Affairs as per Circular No 21/2014 dated June 18, 2014 that a liberal interpretation has to be taken in the matter. The nature of CSR being a way of conducting business in which such organization recognizes interest of all stakeholders to become socially responsible citizens to integrate economic, environmental and social objectives with the company's operations and growth needs to be taken as a broad guiding principle behind such CSR activities. Such CSR activities should also be in line with the CSR Policy approved by the Board in line with Schedule VII of the Companies Act, 2013.
These FAQs have been approved by the Corporate Laws & Corporate Governance Committee of the Institute of Chartered Accountants of India. It was decided that public comments may be invited on these FAQs.
These draft FAQs give clarifications regarding treatment of CSR spending in the books of accounts and disclosures in the Financial Statements. These draft FAQs is uploaded on ICAI website for public comments with in 15 days i.e., upto 7th February, 2015.
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FAQs on provisions of Corporate Social Responsibility FAQs on the provisions of Corporate Social Responsibility under Section 135 of the Companies Act 2013 and Rules thereon The ICAI hosted on its website ... | |||||||
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