Sunday, August 17, 2014

[aaykarbhavan] MCA Notifies the Limits for Special Resolution with Related Parties {First Proviso to Section 188(1) } plus 6 more



 
Regards
Prarthana Jalan


On Monday, 18 August 2014 7:51 AM, Charteredonline <ankitgulgulia@gmail.com> wrote:


Charteredonline

MCA Notifies the Limits for Special Resolution with Related Parties {First Proviso to Section 188(1) } plus 6 more


Posted: 17 Aug 2014 05:23 AM PDT
CA Ankit Gulgulia (Jain)
The Ministry of Corporate Affairs have released a notification for specifying the limits pursuant to proviso of Section 188(1) governing the requirements for special resolutions for contract / arrangements entered to with the related parties under several clauses of Section 188(1).
Highlighted Text below indicates the limits so prescribed.


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Posted: 17 Aug 2014 03:30 AM PDT
To,                                                                                                                      Date:-   14th July, 2014
Hon'ble Additional Chief Secretary to Govt. Of Haryana,
Excise and Taxation Department
Haryana
Subject: - Suggestions on draft notification no. Web 6/H.A.6/2003/S.60/2014 dated 5th July, 2014 for works contractors and developers – Reg
Respected Sir,
The Hon'ble Governor of Haryana has proposed several amendments in the Haryana VAT Rules (hereinafter referred as "Rules") vide draft notification no. Web 6/H.A.6/2003/S.60/2014 dated 5th July, 2014 which relates to works contractors and developers in State of Haryana. As per the preamble of the draft notification, the Hon'ble Governor has invited suggestions in this regard from stakeholders prior to implementation of said notification.
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Posted: 16 Aug 2014 11:51 PM PDT
It is learnt that CBDT has recently issued a circular which is likely to have a huge negative impact on tax holiday enjoyed by SEZ units in IT sector.
The circular states that transfer of people from an existing-unit to a new SEZ unit in the first year of business will not be treated as splitting up or reconstruction of an existing business, provided such transfer does not exceed 20% of total technical manpower headcount actually engaged in software development in SEZ unit.
This clarification will not only affect new SEZ unit set-ups, but will also impact tax holiday claims of past years resulting into a litigation.
CIRCULAR NO. 12/2014 (Full Text)
Subject:- Clarification regarding allowability of deduction under section 10A/10AA on transfer of Technical Man-power in the case of software industry.
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Posted: 16 Aug 2014 11:13 PM PDT
The Ministry of Corporate Affairs, in order to give an opportunity to companies who have failed to file annual statutory documents (Annual Return and Financial Statements), has launched  Company Law Settlement Scheme, 2014 (CLSS-2014), vide General Circular no. 34/2014 dated 12.08.2014.
The scheme gives an opportunity to the defaulting companies to enable them to make their default good by filing belated documents.
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Posted: 16 Aug 2014 11:09 PM PDT
Delhi High Court by judgment dated 04 August 2014 in W.P.(C) 3774/2013 in the matter of TRAVELITE (INDIA) v Union of India & Others,   strike down rules empowering audit by CAG as well as Service Tax Department- big relief to Assessee from high handedness of Central excise officers.
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Posted: 16 Aug 2014 11:00 PM PDT
The Division Bench of Chhattisgarh High Court in the case of M/s Ultratech Cement Ltd. has allowed the assessee's appeal against the order of the Delhi Tribunal, wherein Cenvat credit on outward transportation upto customer's premises was denied in case of FOR sales of goods on which excise duty was paid under Section 4A or at specified rates. 
[Judgment dated 5th August, 2014 in Tax Case No. 8/2014 & 9/2014]
The High Court has held that in the absence of any provision/ clarification in the Excise Act or in the Rules or in any CBEC Circular to hold that in case the duty is charged on the specified rate, then the place of removal will be factory gate, the presumption by the Tribunal that the place of removal is factory gate of the manufacturer is incorrect.
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Posted: 16 Aug 2014 10:46 PM PDT
RBI/2013-14/222 - A.P. (DIR Series) Circular No.32 clarified that :-
Q. Can resident individuals make remittances under LRS for investments in immovable properties abroad which were acquired under instalment basis?
Resident individuals are permitted to make remittances for acquiring immovable property within the annual limit of USD 75000 for already contracted cases, i.e. only for those contracts which were entered into on or before the date of the circular, i.e., August 14, 2013, subject to satisfaction of the genuineness of the transactions by the AD bank. Such cases should be immediately reported post facto to the Reserve Bank of India by the A D banks.
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Posted by: Prarthana Jalan <prarthanajalan@ymail.com>


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